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{{short description|Sexual violence in India}}
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{{Rape}} {{Rape}}


'''Rape''' is the fourth most common crime in India.<ref name=Kumar>{{cite book|last=Kumar|first=Radha|title=The History of Doing: An Account of Women's Rights and Feminism in India|year=1993|publisher=Zubaan|isbn=978-8185107769|page=128}}</ref><ref name=ncrbchap5>NCRB, , Chapter 5, Annual NRCB Report, Government of India (2013), page 81</ref> According to the ] 2013 annual report, 24,923 ] cases were reported across India in 2012.<ref name=ncrb13/> Out of these, 24,470 were committed by someone known to the victim (98% of the cases).<ref name="The Hindu">{{cite news | url=http://www.thehindu.com/opinion/lead/good-laws-bad-implementation/article5639799.ece | title=Good laws, bad implementation | publisher=] | date=1 February 2014 | accessdate=1 February 2014 | author=Vasundhara Sirnate | location=Chennai, India}}</ref> '''Rape''' is the fourth most common crime against ].<ref name=Kumar>{{citation | last = Kumar | first = Radha | author-link = Radha Kumar | contribution = The agitation against rape | editor-last = Kumar | editor-first = Radha | editor-link = Radha Kumar | title = The history of doing: an illustrated account of movements for women's rights and feminism in India 1800-1990 | page = 128 | publisher = Zubaan | location = New Delhi | year = 2003 | orig-year = 1993 | isbn = 9788185107769 | postscript = }} </ref><ref name=ncrbchap5>{{citation | contribution = Chapter 5: Crime against women | title = Crime in India 2012 Statistics | archive-url = https://web.archive.org/web/20160116122212/http://ncrb.nic.in/CD-CII2012/cii-2012/Chapter%205.pdf | archive-date = 16 January 2016 | url =http://ncrb.nic.in/CD-CII2012/cii-2012/Chapter%205.pdf | page = 81 | publisher = ncrb.gov.in}}</ref> According to the 2021 annual report of the ] (NCRB), 31,677 rape cases were registered across the country, or an average of 86 cases daily, a rise from 2020 with 28,046 cases, while in 2019, 32,033 cases were registered.<ref>{{cite news |title=India lodged average 86 rapes daily, 49 offences against women per hour in 2021: NCRB data |url=https://www.thehindu.com/news/national/india-lodged-average-86-rapes-daily-49-offences-against-women-per-hour-in-2021-government-data/article65833488.ece |access-date=2022-09-02 |work=] |date=2022-08-31}}</ref> Of the total 31,677 rape cases, 28,147 (nearly 89%) of the rapes were committed by persons known to the victim.<ref name="the-wire-rape-ncrb-2021">{{cite news |title=Nearly 20% Increase in Rapes Across India in 2021, Rajasthan Had Highest Cases: NCRB |url=https://thewire.in/government/crimes-against-women-rape-cases-india-2021-ncrb-data |access-date=2022-09-02 |work=The Wire |date=2022-08-30}}</ref> The share of victims who were minors or below 18&nbsp;– the legal age of consent&nbsp;– stood at 10%.<ref name="the-wire-rape-ncrb-2021"/>


India has been characterised as one of the "countries with the lowest per capita rates of rape".<ref>{{citation | last1 = Humphrey | first1 = John A. | last2 = Schmalleger | first2 = Frank | contribution = Mental illness, addictive behaviors, and sexual deviance | editor-last1 = Humphrey | editor-first1 = John A. | editor-last2 = Schmalleger | editor-first2 = Frank | title = Deviant behavior | page = 252 | publisher = Jones & Bartlett Learning | location = Sudbury, Massachusetts | year = 2012 | edition = 2nd | isbn = 9780763797737 | postscript = .}}</ref><ref>{{cite book|title=Crime and Crime Control: A Global View: A Global View|quote=Overall, however, rape rates are still lower than most other countries.|page=74|author=Gregg Barak|publisher=ABC-CLIO}}</ref><ref>{{cite book|author=United Nations|title=African Women's Report 2009: Measuring Gender Inequality in Africa - Experiences and Lessons from the African Gender and Development Index|year=2009|publisher=United Nations Publications|isbn=978-92-1-054362-0|pages=68–}}</ref><ref>{{cite book|author=Colonel Y Udaya Chandar|title=The Ailing India|date=23 September 2016|publisher=Notion Press|isbn=978-1-945926-26-6|pages=337}}</ref> The ] also classifies consensual sex committed on the false promise of marriage as rape.<ref>{{Cite news|url=https://www.thehindu.com/news/national/sex-on-false-promise-of-marriage-is-rape-supreme-court/article26831183.ece|title=Sex on false promise of marriage is rape: Supreme Court|last=Correspondent|first=Legal|date=2019-04-13|work=The Hindu|access-date=2019-04-14|language=en-IN|issn=0971-751X}}</ref> The willingness to report rapes may have increased in recent years,{{when|date=April 2024}} after several incidents received widespread media attention and triggered local and nationwide public protests.<ref>{{cite book|author=Siuli Sarkar|title=Gender Disparity in India: Unheard Whimpers|url=https://books.google.com/books?id=qwS7DAAAQBAJ&pg=PA283|date=2016-06-17|publisher=PHI Learning|pages=283|isbn=9788120352513}}</ref><ref>{{cite book|url=https://books.google.com/books?id=daERDgAAQBAJ&pg=PT105|author=Tamsin Bradley|title=Women and Violence in India: Gender, Oppression and the Politics of Neoliberalism|page=105|publisher = I.B. Tauris|isbn=9781786721181|date=2017-02-28}}</ref><ref>{{cite book|title=Crime, Criminal Justice, and the Evolving Science of Criminology in South Asia: India, Pakistan, and Bangladesh|quote=police-recorded rape rate in India has shown a sharp increasing trend in recent years against the declining trend of all other violent and property crimes.|page=96|author=Shahid M. Shahidullah|publisher=Springer|year=2017}}</ref><ref name=delhi1212>{{cite news | last = Staff writer |url=https://www.telegraph.co.uk/news/worldnews/asia/india/9756318/Protests-grow-over-gang-rape-of-Indian-woman.html |archive-url=https://web.archive.org/web/20121219231820/http://www.telegraph.co.uk/news/worldnews/asia/india/9756318/Protests-grow-over-gang-rape-of-Indian-woman.html |url-status=dead |archive-date=19 December 2012 |title=Protests grow over gang rape of Indian woman (video) |work= ] |access-date=21 December 2012 |location=London |date=19 December 2012}}</ref> This led the government to reform its penal code for crimes of rape and sexual assault.<ref name=pib13>{{cite news | title = The Criminal Law (Amendment) Act, 2013 | url = http://indiacode.nic.in/acts-in-pdf/132013.pdf | archive-url = https://web.archive.org/web/20131107103627/http://indiacode.nic.in/acts-in-pdf/132013.pdf | url-status = dead | archive-date = 2013-11-07 | work = ] | publisher = Government of India | date = 2013 }}</ref>
The incidence of reported rapes in India are among the lowest in the world.<ref>{{cite web|url=http://www.niticentral.com/2014/12/23/rape-india-becomes-worldwide-story-292683.html|title=Rape in India – Why it becomes a worldwide story|date=2014-12-23}}</ref> However parliamentarians have expressed concern that majority of rape cases go unreported.<ref>{{cite web|url=http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/majority-of-rape-cases-go-unreported-mps/article5063089.ece|title=Majority of rape cases go unreported: MPs|author=Special Correspondent|work=The Hindu|accessdate=17 March 2015}}</ref> Compared to other developed and developing countries, reported rapes per 100,000 people are quite low in India.<ref>{{cite web|author=The Irrationality of Rationing |url=http://messymatters.com/rape/ |title=Lies, Damned Lies, Rape, and Statistics |publisher=Messy Matters |date=2013-01-25 |accessdate=2013-03-17}}</ref> India has been characterized as one of the "countries with the lowest per capita rates of rape".<ref>{{cite book|last=Schmalleger|first=John Humphrey, Frank|title=Deviant behavior|publisher=Jones & Bartlett Learning|date=2011|location=Sudbury, MA|isbn=0763797731|page=252|edition=2nd ed.}}</ref>


According to NCRB 2021 statistics, ] reported the highest number of rapes among Indian states, followed by Madhya Pradesh and Uttar Pradesh. Among metropolitan cities, the national capital of ] continued to have the highest incidence of rape at 1,226 cases in 2021, while ] had the highest rape rate (34 per 100,000 population). Kolkata had the least number of registered rape cases among metropolitan cities, with the lowest rape rate.<ref name="the-wire-rape-ncrb-2021" />
According to 2012 statistics, ] has the highest raw number of rape reports among Indian cities, while ] has the highest per capita rate of rape reports.<ref></ref><ref>{{cite web|url=http://www.indiatribune.com/index.php?option=com_content&view=article&id=10195:rape-statistics-around-the-world-&catid=107:coverpage&Itemid=471 |title=Rape statistics around the world |publisher=Indiatribune.com |date=2012-09-11 |accessdate=2013-03-17}}</ref> Several rape cases in India received widespread media attention and triggered protests since 2012.<ref name=delhi1212/><ref name="TeenagersHanged"/> This led the Government of India to reform its penal code for crimes of rape and sexual assault.<ref name=pib13/>


==Definition of rape== ==Definition in Indian Penal Code==
]s per 100,000 people, for India compared to select nations<ref>Sexual Violence Tables as of July 2013, , United Nations Office on Drugs and Crime (2013)</ref><ref>Federal Bureau of Investigation, Department of Justice, United States</ref>]] ]s per 100,000 people, for India compared to select nations<ref>{{citation | last = United Nations | author-link = United Nations | contribution = Sexual Violence Tables as of July 2013 | url = http://www.unodc.org/unodc/data-and-analysis/statistics/crime.html | editor-last = United Nations | editor-link = United Nations | title = Crime and criminal justice statistics | publisher = ] | date =2013 }}</ref><ref>{{cite book | last = FBI | author-link = Federal Bureau of Investigation | title = Crime in the United States 1993-2012 | url = https://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2012/crime-in-the-u.s.-2012/tables/1tabledatadecoverviewpdf/table_1_crime_in_the_united_states_by_volume_and_rate_per_100000_inhabitants_1993-2012.xls | publisher = ] }}</ref>]]
Before 3 February 2013, Section 375 of the ] defined rape as:<ref>High Court of Allahabad, Section 375, Government of India (2011)</ref> Before 3 February 2013, Section 375 of the ] defined rape as:<ref>{{cite book | last1 = Mitra | first1 = Hem Chandra | last2 = Mukhurji | first2 = Bamapada | title = The Indian Penal Code, Act XLV of 1860 | page = 322 | location = Calcutta | oclc = 84414842 }} </ref>
<blockquote>§375. Rape. A person is said to commit "rape" who, except case hereinafter excepted, has sexual intercourse with another person in circumstances falling under any of the six following descriptions:- <blockquote>§375. Rape. A man is said to commit "rape" who, except case hereinafter excepted, has sexual intercourse<ref>{{citation | last1 = Devasia | first1 = V.V. | last2 = Kumar | first2 = Ajit | contribution = Child sexual abuse - breaking the silence | editor-last1 = Devasia | editor-first1 = V.V. | editor-last2 = Kumar | editor-first2 = Ajit | title = Social work concerns and challenges in the 21st century | page = 71 | publisher = A.P.H. Pub. Corp | location = New Delhi | year = 2009 | isbn = 9788131304679 | postscript = .}}
:Note: sexual intercourse meant peno-vaginal penetration, all other sexual acts were covered under Section 377 as "unnatural offenses"</ref> with a woman in circumstances falling under any of the six following descriptions:––


Firstly. –– Against her will. Firstly. –– Against her will.
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Secondly. –– Without her consent. Secondly. –– Without her consent.


Thirdly. –– With her consent, when her consent has been obtained by putting her or any person in whom she is interested in the under in fear of death or of hurt. Thirdly. –– With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.


Fourthly. –– With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. Fourthly. –– With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
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Fifthly. –– With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. Fifthly. –– With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.


Sixthly. –– With or without her consent, when she is under sixteen<ref>{{citation | last1 = Kalra | first1 = Kush | last2 = Barupal | first2 = Priyanka | contribution = Rape | editor-last1 = Kalra | editor-first1 = Kush | editor-last2 = Barupal | editor-first2 = Priyanka | title = Law, sex & crime | pages = 66–87 | publisher = Vij Books | location = India | year = 2013 | isbn = 9789382652229 | postscript = .}}
Sixthly. –– With or without her consent, when she is under sixteen years of age.
:Note: originally ten years in 1860 law, replaced by the word "twelve" in 1891, and replaced with the word "fifteen" in 1950, and word "sixteen" in 1983.</ref> years of age.


Explanation. –– Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. Explanation. –– Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.


Exception. –– Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.</blockquote> Exception. –– Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age{{Efn|The legal age of marriage in India is 18 years for females, as stipulated by the ], the ], and the ]. However, under ], which remains uncodified and unconsolidated, individuals are eligible to marry upon attaining puberty, generally interpreted as 15 years of age.|name=Marriage Age}}, is not rape.</blockquote>


The above definition excluded marital rape, same sex crimes and considered all sex with a minor below the age of 16 as rape. The above definition excluded marital rape, same sex crimes and considered all sex with a minor below the age of sixteen as rape.


After 3 February 2013, the definition was expanded to include same sex crimes and raised the age of consent to age 18. Rape is now included as a crime of sexual assault, which is currently defined for the purposes of Indian penal code as:<ref name=pib13>Press Information Bureau, Government of India (2013)</ref> After 3 February 2013, the definition was revised through the ], which also raised the legal age of minors to eighteen.<ref name=Mehta>{{Cite journal | last = Mehta | first = Siddharth | title = Rape law in India: problems in prosecution due to loopholes in the law | doi = 10.2139/ssrn.2250448 | date = April 2013 |ssrn=2250448 |issn = 1556-5068}}</ref>


<blockquote>§375. A person is said to commit "sexual assault" if that person – (a) penetrates his penis, to any extent, into the vagina, mouth urethra or anus of another person or makes the person to do so with him or any other person; or (b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of another person or makes the person to do so with him or any other person; or (c) manipulates any part of the body of another person so as to cause penetration into the vagina, urethra, anus or any part of body of such person or makes the person to do so with him or any other person; or (d) applies his mouth to the penis, vagina, anus, urethra of another person or makes such person to do so with him or any other person; (e) touches the vagina, penis, anus or breast of the person or makes the person touch the vagina, penis, anus or breast of that person or any other person, except where such penetration or touching is carried out for proper hygienic or medical purposes under the circumstances falling under any of the following seven descriptions:–– <blockquote>§375. A man is said to commit "rape" if he:–– (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or (b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or (c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or (d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:


Firstly.–– Against the other person's will. Firstly. –– Against her will.


Secondly. –– Without the other person's consent. Secondly. –– Without her consent.


Thirdly. –– With the other person's consent when such consent has been obtained by putting such other person or any person in whom such other person is interested, in fear of death or of hurt. Thirdly. –– With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.


Fourthly. –– When the person assaulted is a female, with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes to be lawfully married. Fourthly. –– With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.


Fifthly.–– With the consent of the other person when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by that person personally or through another of any stupefying or unwholesome substance, the other person is unable to understand the nature and consequences of that action to which such other person gives consent. Fifthly. –– With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome Substance, she is unable to understand the nature and consequences of that to which she gives consent.


Sixthly. –– With or without the other person's consent, when such other person is under eighteen years of age. Sixthly. –– With or without her consent, when she is under eighteen years of age.


Seventhly. –– When the person is unable to communicate consent. Seventhly. –– When she is unable to communicate consent.


Explanation 1.–– Penetration to any extent is "penetration" for the purposes of this section. Explanation 1. –– For the purposes of this section, "vagina" shall also include labia majora.


Explanation 2. –– Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act;
Explanation 2.–– For the purposes of this section, "vagina" shall also include labia majora.


Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Exceptions –– 1. A medical procedure or intervention shall not constitute rape; 2. Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age{{Efn|name=Marriage Age}}, is not rape.</blockquote>
Explanation 3.–– Consent means an unequivocal voluntary agreement when the person by words, gestures or any form of non-verbal communication, communicates willingness to participate in the specific act: provided that, a person who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.


Even after the 2013 reform, ] when the wife and husband live together continued not to be a crime in India. Article 376B of the 2013 law made forced sexual intercourse by a man with his wife – if she is living separately – a crime, whether under a decree of separation or otherwise, punishable with at least a two-year prison term.<ref name=pib13/> Forced sex by a man on his wife may also be considered a prosecutable domestic violence under other sections of Indian Penal code, such as Section 498(A) as well as the '']''.<ref name=rcj2013>{{Cite journal | last = Jiloha | first = R.C. | title = Rape: Legal issues in mental health perspective | journal = ] | volume = 55 | issue = 3 | pages = 250–255 | doi = 10.4103/0019-5545.117141 | pmc = 3777346 | date = July–September 2013 | pmid=24082245 | doi-access = free }}</ref> The crime of sexual assault on a child, that is anyone below the age of eighteen, is further outlined and mandatory punishments described in ''The Protection of Children from Sexual Offences Act 2012''.<ref>{{cite news | title = The Protection of Children from Sexual Offences Act 2012 (No. 32 of 212) | archive-url = https://web.archive.org/web/20150928131849/http://wcd.nic.in/childact/childprotection31072012.pdf | archive-date = 28 September 2015 |url = http://wcd.nic.in/childact/childprotection31072012.pdf | work = ] | publisher = Government of India | date = 20 June 2012 | access-date = 7 March 2017}}</ref>
Exception.–– Sexual intercourse or sexual acts by a man with his own wife, the wife not being under sixteen years of age, is not sexual assault.</blockquote>


As CNN reported in 2020, a man convicted of raping a woman faces a minimum 10-year prison sentence. This may increase to a life sentence or even a death sentence depending on the circumstances and details of the crime. If the victim is transgender, however, the rapist is punished by a maximum of two years in prison, as defined by the ].<ref>{{Cite web|last=Mitra|first=Esha|date=9 December 2020|title=India's rape laws don't cover transgender people. They say it's putting them at risk|url=https://www.cnn.com/2020/12/08/india/india-transgender-rape-laws-intl-hnk-dst/index.html|access-date=9 December 2020|website=CNN}}</ref>
Even after the 2013 reform, ] continued not to be a crime in India. However, it may be considered a prosecutable domestic violence under other sections of Indian penal code, such as Section 498(A) as well as the '']''.<ref>RC Jiloha, , Indian J Psychiatry. 2013 Jul-Sep; 55(3): 250–255</ref>

All sexual acts between the members of the same sex, consensual or forced, were previously a crime under Section 377 of the Indian penal code, after the 2013 Criminal Law reform, with punishment the same as that of rape<ref>{{citation | last = Gaur | first = K.D. | contribution = Chapter XVI: Offences affecting the human body | editor-last = Gaur | editor-first = K.D. | title = Textbook on the Indian Penal Code | page = 684 | publisher = Universal Law Pub. Co | location = Delhi | year = 2009 | isbn = 9788175347038 | edition = 4th | postscript = .}} </ref> but it was later overturned in ] on 6 September 2018 which stated all consensual sexual acts between adults who have met the age of consent are not violative of Section 377, hence decriminalizing gay sex in India.<ref name="ALJ">{{cite news |last1=Saberin |first1=Zeenat |title=India decriminalises gay sex in landmark verdict |url=https://www.aljazeera.com/news/2018/09/india-decriminalises-gay-sex-landmark-verdict-180906051219637.html |access-date=6 September 2018 |work=www.aljazeera.com}}</ref><ref name="NDTV">{{cite news |last1=Ghosh |first1=Deepshikha |title=Love, Equally: Homosexuality No Longer A Crime, Says Supreme Court |url=https://www.ndtv.com/india-news/homosexuality-no-longer-a-crime-in-india-supreme-court-ends-controversial-section-377-1912202 |access-date=6 September 2018 |work=NDTV.com}}</ref>

Like Indian Penal Code, the ] retains the ]. It retains the ] phrase ‘outraging the modesty of women’ instead of replacing it with the gender-neutral term ‘sexual assault’.<ref name="wire"/> It provides inadequate protection to victims of ].<ref>{{cite journal |author1=Vaibhav Yadav |title=Tackling Non-Consensual Dissemination of Intimate Images in India's Contemporary Legal Framework |journal=] |date=12 October 2023 |volume=61 |issue=3–4 |pages=355–383 |doi=10.1017/cri.2023.30 |publisher=Cambridge University Press |issn=2398-676X}}{{closed access}}</ref> It does not include any provision for offences involving rape of males or of transgender individuals.<ref>{{cite news |author1=Alisha Dutta |title=Bharatiya Nyaya Sanhita has no section dealing with rape of men, transgender persons |url=https://www.thehindu.com/news/national/gang-rape-of-up-man-highlights-need-for-section-377-in-bns-bill/article68320575.ece |access-date=23 June 2024 |date=22 June 2024 |work=The Hindu |archive-date=23 June 2024 |archive-url=https://web.archive.org/web/20240623021948/https://www.thehindu.com/news/national/gang-rape-of-up-man-highlights-need-for-section-377-in-bns-bill/article68320575.ece |url-status=live }}</ref>


==Rape statistics== ==Rape statistics==
]
{{See also|Rape statistics}}
Government of India (May 2013)</ref><ref>National Crimes Record Bureau, Govt of India</ref>]]
According to ] of India, 24,923 rape cases were reported across India in 2012, while the 5 year average over 2007-2011 was 22,000 rapes a year.<ref name=ncrb13/> Adjusted for population growth over time, the annual rape rate in India has increased from 1.9 to 2.0 per 100,000 people over 2008-2012 period. This compares to a reported rape rate of 1.2 per 100,000 in ], 3.6 per 100,000 in ], 4.6 rapes per 100,000 in ], 12.3 per 100,000 in ], 24.1 per 100,000 in ], 28.6 per 100,000 in ], 66.5 per 100,000 in ], and world's highest rate of 114.9 rapes per 100,000 in ].<ref>UNODC, , Sexual Violence Global Data, United Nations (2013)</ref><ref name=shmh>S. Harrendorf, M. Heiskanen, S. Malby, United Nations Office on Drugs & Crime (2012)</ref>


One rape was reported every 16 minutes in India in 2019.<ref>{{cite news|url=https://economictimes.indiatimes.com/news/politics-and-nation/ncrbs-report-reveals-a-rape-happens-every-16-minutes-in-india-up-tops-list-of-crimes-against-women/videoshow/78440875.cms
Total reported number of rape crimes in 2012 were highest in ], followed by ] and ].<ref name=ncrb13/> Among major cities, ] reported the highest number of rapes in 2012, followed by ].
|date=2 Oct 2020|title=NCRB's report reveals a rape happens every 16 minutes in India in 2019|website=economictimes.com|access-date=3 Oct 2020}}</ref> This figure was 15 minutes in 2018.<ref>{{cite news|url=https://www.reuters.com/article/us-india-crime-women/one-woman-reports-a-rape-every-15-minutes-in-india-idUSKBN1Z821W|date=9 January 2020|title=One rape was reported every 15 minutes in India in 2018|website=reuters.com|access-date=9 September 2020}}</ref> In 2019, the national average rape rate (per 100,000 population) was 4.9, slightly less than 5.2 in 2018 and 2017. However, the small dip may be attributed to data for ] not being available. As of 2019, ] (0.8), ] (1.0), and ] (1.3) had the lowest rape rates among the ], while ] (15.9) had the highest rape rate. These statistics do not take into account rapes ending in murder and attempts to rape, which are counted separately by ].


{| class="wikitable sortable mw-collapsible"
Adjusted for population, the rape rate per 100,000 people was highest in ] (10.4), followed by ], ], ] and ]. Among major cities, Delhi's rape rate of 4.1 per 100,000 people was highest in India.<ref name=ncrb13/> The rape rate per 100,000 people was lowest in ] (0.98), followed by ], ], ] and ].
|+ class="nowrap" | Registered rape cases (victim/complainant reached police station) in 2019
|-
! State/UT !! Total rape cases registered(2019)!! Adult (18 yrs & above) !! Minor (below 18 yrs) !! 2019 Rape rate(%)(per 1,00,000 pop.) !! Annual change in Rape rate (2018–19)!! Annual change in absolute no. of rape cases registered (2018–19)
|-
| ] || 32033 || 27093 || 4940 || 4.9 || -0.3 || -1323
|-
| ] || 1086 || 542 || 544 || 4.2 || 0.5 || 115
|-
| ] || 63 || 39 || 24 || 8.6 || -0.7 || -4
|-
| ] || 1773 || 1685 || 88 || 10.5 || 0.6 || 125
|-
| ] || 730 || 729 || 1 || 1.3 || 0.2 || 79
|-
| ] || 1036 || 1033 || 3 || 7.2 || -7.5 || -1055
|-
| ] || 72 || 23 || 49 || 9.4 || 1.4 || 11
|-
| ] || 528 || 528 || 0 || 1.6 || -0.1 || -25
|-
| ] || 1480 || 1472 || 8 || 10.9 || 1.2 || 184
|-
| ] || 359 || 162 || 197 || 10 || 0.4 || 15
|-
| ] || 223 || 212 || 11 || 3.5 || -1.5 || -97
|-
| ] || 1416 || 1228 || 188 || 7.7 || 1.7 || 326
|-
| ] || 505 || 505 || 0 || 1.6 || 0.1 || 13
|-
| ] || 2023 || 761 || 1262 || 11.1 || 0.4 || 78
|-
| ] || 2485 || 2485 || 0 || 6.2 || -7.6 || -2948
|-
| ] || 2299 || 2299 || 0 || 3.9 || 0.2 || 157
|-
| ] || 36 || 26 || 10 || 2.3 || -1.1 || -16
|-
| ] || 102 || 82 || 20 || 6.3 || 0.8 || 15
|-
| ] || 42 || 19 || 23 || 7.1 || -1.4 || -8
|-
| ] || 8 || 6 || 2 || 0.8 || -0.2 ||-2
|-
| ] || 1382 || 1151 || 231 || 6.2 ||.1 || 464
|-
| ] || 1002 || 576 || 426 || 7.1 || 1.2 || 171
|-
| ''']''' || '''5997''' || '''4684''' || '''1313''' || '''15.9''' || '''4.2''' || '''1662'''
|-
| ] || 11 || 11 || 0 || 3.5 || -1.6 || -5
|-
| ] || 362 || 353 || 9 || 1 || 0.1 || 31
|-
| ] || 606 || 606 || 0 || 4.7 || 1.4 || 267
|-
| ] || 88 || 88 || 0 || 4.5 || -0.5 || -9
|-
| ''']''' || '''3065''' || '''2895''' || '''270''' || '''2.8''' || '''-0.9''' ||''' -881'''
|-
| ] || 526 || 342 || 184 || 9.6 || -0.8 || -35
|-
| ] || 1069 || 1065 || 4 || 2.3 || 0 || 0
|-
| ] || 13 || 5 || 8 || 7 || -9.1 || -17
|-
| ] || 112 || 47 || 65 || 20.7 || 4.6 || 26
|-
| ] || 0 || 0 || 0 || 0 || -3.2 || -7
|-
| ] || 4 || 4 || 0 || 3.1 || 0.7 || 1
|-
| ] || 1253 || 1253 || 0 || 13.5 || 0.2 || 38
|-
| ] || 0 || 0 || 0 || 0 || -6.1 || -2
|-
| ] || 10 || 10 || 0 || 1.3 || 1.3 || 10
|}


*Due to non-receipt of data from West Bengal in time for 2019, data furnished for 2018 has been used
The highest number of victims, and majority of victims, were in the 18-30 year age group.<ref name=ncrb13/> Overall 96% of the rape cases led to charges and the offender being prosecuted.<ref>Government of India Table 4.4, Page 348</ref> In 2012, out of 1,01,041 cases before Courts, 3563 convictions took place in comparison to 11,154 acquittals and 292 cases withdrawn. This means that there is around 23% conviction rate only in 2012 The high acquittal rate (77%) may be due to cases being filed falsely (for property disputes/ money extortion) or due to poor probe by the police.<ref>Government of India Table 4.9, Page 357</ref> Indian courts completed the trial process of an estimated of 14,717 rape cases in 2012, while many cases remained pending in its trial process.
Sources :<ref name="NCRB report 2019">{{cite web|url=https://ncrb.gov.in/sites/default/files/CII%202019%20Volume%201.pdf|website=ncrb.gov.in|title=Crime in India report 2019|access-date=3 October 2020}}</ref><ref name="NCRB report 2018">{{cite web|url=https://ncrb.gov.in/sites/default/files/Crime%20in%20India%202018%20-%20Volume%201.pdf|website=ncrb.gov.in|title=Crime in India report 2018|access-date=3 October 2020}}</ref>


===Rape of minors=== ===Rape of minors===
{{See also|Child sexual abuse laws in India}}
Rape of minor, that is someone below the ], is a form of ]. Nearly 1 in 3 rape victims are below 18 years in India. Of all rapes, 12.5% of total or 3,125 rape victims in India were a minor.<ref name=ncrbchap5/><ref>Note: India raised its age of consent, for the definition of rape, from 16 to 18 after 2012; the data before and after 2013 therefore shows a significant change between years and different sources.</ref> For a comparative perspective, 17.4% of total or 15,700 rape victims were a minor in the United States.<ref>Karyl Troup-Leasure and Howard N. Snyder, US Department of Justice</ref><ref>Rape, Abuse & Incest National Network, United States (2013)</ref>


Using a small sample survey, Human Rights Watch projects more than 7,200 minors – 1.6 in 100,000 minors – are raped each year in India. Among these, victims who do report the assaults are alleged to suffer mistreatment and humiliation from the police.<ref name="autogenerated2">{{cite news |author=Geeta Pandey |url=http://www.bbc.co.uk/news/world-asia-india-21352102 |title=BBC News - India child sex victims 'humiliated' - Human Rights Watch |publisher=Bbc.co.uk |date=2013-02-07 |accessdate=2013-03-15}}</ref> Minor girls are ] into prostitution in India, thus rape of minors conflates into lifetime of suffering.<ref name=Maplecroft811>{{cite web|title=Trafficking A global phenomenon with an exploration of India through maps|url=http://maplecroft.com/about/news/trafficking_report.html|publisher=Maplecroft|accessdate=25 December 2012|author=Alyson Warhurst|author2=Cressie Strachan |author3=Zahed Yousuf |author4=Siobhan Tuohy-Smith |pages=39–45|type = PDF|date=August 2011}}</ref> Of the countries studied by ] on sex trafficking and crime against minors, India was ranked 7th worst, between China (1st), Russia (11th) and Indonesia (14th).<ref name=Maplecroft811/> Using a small sample survey, ] projected that more than 7,200 minors&nbsp;– 1.6 in 100,000 minors&nbsp;– are raped each year in India. Among these, victims who report the assaults are alleged to suffer mistreatment and humiliation from the police.<ref name="autogenerated2">{{cite news | last = Pandey | first =Geeta |title=India child sex victims 'humiliated' - Human Rights Watch |url=https://www.bbc.co.uk/news/world-asia-india-21352102 | work = ] |date=7 February 2013 |access-date=15 March 2013}}</ref> Minor girls are ] into prostitution in India, thus rape of minors conflates into a lifetime of suffering.<ref name=Maplecroft811>{{cite book | last1 = Warhurst | first1 = Alyson | last2 = Strachan | first2 = Cressie | last3 = Yousuf | first3 = Zahed | last4 = Tuohy-Smith | first4 = Siobhan | contribution = Girl trafficking: a life story | editor-last1 = Warhurst | editor-first1 = Alyson | editor-last2 = Strachan | editor-first2 = Cressie | editor-last3 = Yousuf | editor-first3 = Zahed | editor-last4 = Tuohy-Smith | editor-first4 = Siobhan | title = Trafficking: A global phenomenon with an exploration of India through maps | url = http://maplecroft.com/about/news/trafficking_report.html | pages = 37–43 | publisher = Maplecroft | access-date = 25 December 2012 | format = pdf | date = August 2011}}</ref> Of the countries studied by ] on sex trafficking and crime against minors, India was ranked 7th worst.<ref name=Maplecroft811/>

{|class="wikitable sortable mw-collapsible"
|+ class="nowrap" | Incidence of forced marriage and kidnapping of minors (girls) in 2019
! State/UT !! Kidnapping & Abduction of Women to compel her for marriage (Section. 366 IPC) !! Procuration of Minor Girls (Section 366A IPC)
|-
| ] || 15615 || 3117
|-
| ] || 65 || 48
|-
| ] || 2 || 6
|-
| ] || 466 || 1415
|-
| ] || 4482 || 1
|-
| ] || 420 || 2
|-
| ] || 1 || 0
|-
| ] || 555 || 0
|-
| ] || 178 || 808
|-
| ] || 152 || 3
|-
| ] || 12 || 0
|-
| ] || 164 || 302
|-
| ] || 15 || 58
|-
| ] || 30 || 20
|-
| ] || 1532 || 22
|-
| ] || 796 || 30
|-
| ] || 13 || 36
|-
| ] || 1 || 22
|-
| ] || 0 || 0
|-
| ] || 0 || 1
|-
| ] || 74 || 54
|-
| ] || 1188 || 1
|-
| ] || 420 || 13
|-
| ] || 0 || 0
|-
| ] || 183 || 99
|-
| ] || 285 || 74
|-
| ] || 53 || 10
|-
| ] || 4029 || 0
|-
| ] || 21 || 0
|-
| ] || 455 || 92
|}

*Due to non-receipt of data from West Bengal in time for 2019, data furnished for 2018 has been used
Sources :<ref name="NCRB report 2019"/>


===Estimates of unreported rapes=== ===Estimates of unreported rapes===
Most rapes go unreported because the rape victims fear retaliation or humiliation - in India and the rest of the world.<ref>Ramalingam Shanmugam (2013), INFORMATICS ABOUT FEAR TO REPORT RAPES USING BUMPED-UP POISSON MODEL, American Journal of Biostatistics 3 (1): 17-29</ref> The estimates for unreported rapes in India vary widely. Madiha Kark estimates 54% of rape crimes are unreported.<ref>Madiha Kark (2013), UNDERSTANDING INDIAN AND PAKISTANI CULTURAL PERSPECTIVES AND ANALYZING U.S. NEWS COVERAGE OF MUKHTAR MAI AND JYOTI SINGH PANDEY, M.S. Thesis Archives, University of Texas, Thesis Committee - Tracy Everbach, Koji Fuse, James E. Mueller, Roy Busby and Mark Wardell</ref>. Most rapes go unreported because the rape victims fear retaliation and humiliation, both in India and throughout the world.<ref>{{Cite journal | last = Shanmugam | first = Ramalingam | title = Informatics about fear to report rapes using bumped-up Poisson model | journal = American Journal of Biostatistics | volume = 3 | issue = 1 | pages = 17–29 | doi = 10.3844/amjbsp.2013.17.29 | date = 2013 | doi-access = free }}
:''See also'': ].</ref> Indian ] have stated that the rape problem in India is being underestimated because many cases are not reported, even though more victims are increasingly coming out and reporting rape and sexual assaults.<ref name=mpurin>{{cite news | last = Special Correspondent | title = Majority of rape cases go unreported: MPs | url= http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/majority-of-rape-cases-go-unreported-mps/article5063089.ece | location = Chennai, India | work = ] | date = 27 August 2013 | access-date = 17 March 2015}}</ref>


Few states in India have tried to estimate or survey unreported cases of sexual assault. The estimates for unreported rapes in India vary widely. The ] report of 2006 mentioned that about 71% rape crimes go unreported.<ref>{{Cite book|url=https://books.google.com/books?id=eHRWAAAAYAAJ|title=The Indian Journal of Political Science|date=2009|publisher=Indian Political Science Association|pages=117|language=en}}</ref> ] is not a criminal act in India<ref>{{cite web|url=http://indianexpress.com/article/india/marital-rape-not-penal-offence-parliament-debated-it-says-supreme-court-4789601/|title=Sexual act by man with wife, not below 15 years, is not rape, says Supreme Court|date=9 August 2017}}</ref> though sexual intercourse with wife aged between 15 and 18 years is considered as rape.<ref>{{Cite news|url=http://www.dnaindia.com/india/report-sex-with-minor-wife-to-be-considered-as-rape-rules-supreme-court-2552016|title=Sex with minor wife to be considered as rape, rules Supreme Court|date=2017-10-11|work=dna|access-date=2018-07-09|language=en-US}}</ref> Madiha Kark estimates 54% of rape crimes are unreported.<ref>{{cite thesis|degree=]|last=Kark|first=Madiha|date=2013|title=Understanding Indian and Pakistani cultural perspectives and analyzing U.S. news coverage of Mukhtar Mai and Jyoti Singh Pandey|publisher=]|url=https://digital.library.unt.edu/ark:/67531/metadc271840/m2/1/high_res_d/thesis.pdf|oclc=876058002}}
Few states in India have tried to estimate or survey unreported cases sexual assault. The Government of ] estimates 60% of sexual assaults go unreported in its state.<ref> Govt of Odisha, Page 59 (June 2013)</ref>
:''Thesis Committee'': Tracy Everbach, Koji Fuse, James E. Mueller, Roy Busby and Mark Wardell.</ref> A UN study of 57 countries estimates just 11% of rape and sexual assault cases worldwide are ever reported.<ref name=unw2013>{{cite book | last = UN Women | author-link = UN Women | title = Factsheet - Global, Progress of the World's Women 2011-12 | url = http://progress.unwomen.org/wp-content/uploads/2011/06/EN-Factsheet-Global-Progress-of-the-Worlds-Women.pdf | archive-url = https://web.archive.org/web/20111205195445/http://progress.unwomen.org/wp-content/uploads/2011/06/EN-Factsheet-Global-Progress-of-the-Worlds-Women.pdf | url-status = dead | archive-date = 2011-12-05 | publisher = ] | date = May 2013 }}</ref>

===Convictions===
{{expand section|date=June 2020}}
]
Only one in four reported rape cases in India result in convictions.<ref name="Indiaspend.com">{{cite news|url=http://www.indiaspend.com/cover-story/3-years-after-delhi-rape-conviction-rates-same-74152|title=3 years after Delhi rape, conviction rates same|last=Sethi|first=Abheet Singh|date=19 March 2015|work=IndiaSpend.com|access-date=22 February 2017}}</ref>
{| class="wikitable"
|+ Conviction rates
|Year
|Rate (%)
|-
|1973
|44.3<ref name="First Post">{{cite news|url=http://www.firstpost.com/india/a-24-21-per-cent-conviction-rate-for-rape-in-india-lower-every-year-1096959.html|title=A 24.21 percent conviction rate for rape in India, lower every year|last=FP Staff|date=10 September 2013|work=]}}</ref>
|-
|1983
|37.7<ref name="First Post" />
|-
|2009
|26.9<ref name="First Post" />
|-
|2010
|26.6<ref name="First Post" />
|-
|2011
|26.4<ref name="First Post" />
|-
|2012
|24.2<ref name="Indiaspend.com" />
|-
|2013
|27.1<ref name="Indiaspend.com" />
|-
|2017
|32.2<ref name="Economic Times">{{cite news|title=Conviction rate for rape only 27.2% even as country celebrates justice in Nirbhaya case |url=https://economictimes.indiatimes.com/news/politics-and-nation/conviction-rate-for-rape-only-27-2-even-as-country-celebrates-justice-in-nirbhaya-case/articleshow/73169787.cms |website=The Economic Times |access-date=22 June 2020}}</ref>
|-
|2018
|27.2<ref name="Economic Times" />
|-
|2019
|27.8<ref name="New Indian Express">{{cite news|title=Under 30 per cent conviction rate in rape cases in India, says NCRB data|url=https://www.newindianexpress.com/nation/2020/oct/03/under-30-per-centconviction-rate-in-rape-cases-in-india-says-ncrb-data-2205090.html|publisher=newindianexpress.com|access-date=4 October 2020}}</ref>
|-
|}


==Notable incidents== ==Notable incidents==
===Ajmer rape case===
The Brahma Kumaris were founded in the 1930s and supported by a female leadership who believes those who are celibate and meditate will enjoy the fruits of paradise following the imminent destruction of the world.<ref> by Pratap Chakravarty 21 March 2004 The Sun-Herald</ref><ref>Delhi: Adventures In A Megacity by Sam Miller, Penguin Books India, 2010. ISBN 0143415530</ref>
In 1992, the ] was one of India's biggest cases of coerced sexual exploitation, with more than a hundred underage schoolgirls estimated to have been sexually molested and raped. Most accused were from the ] of ].<ref name="mid-day1992">{{cite web|author=IANS|url=http://www.mid-day.com/news/2012/jan/041211-Accused-in-1992-Ajmer-sex-scandal-case-arrested.htm|title=Accused in 1992 Ajmer sex scandal case arrested |publisher=Mid-day.com|date=2012-01-04}}</ref><ref name="IndianExpress">{{cite news|author=Deep Mukherjee|url=https://indianexpress.com/article/india/rajasthan-almost-three-decades-after-a-rape-blackmail-case-rocked-ajmer-surrender-of-an-accused-opens-old-wounds-5076914/|title=Almost three decades after a rape, blackmail case rocked Ajmer, surrender of an accused opens old wounds|publisher=Indianexpress|access-date=9 September 2020}}</ref>
] in ] after the female victim's death on 29 December 2012]]
]


===2012 Delhi gang rape case===
]
] in ] after the female victim's death on 29 December 2012]]
] on 30 December 2012 demanding justice for the 23-year-old student who was ] on 16 December 2012]]


The ], on 16 December 2012, sparked large protests across the capital Delhi.<ref name="delhi1212" /> The victim was with a male friend who was severely beaten with an iron rod during the incident.<ref>{{cite news| last = Ghosh | first = Shamik |url=http://www.ndtv.com/article/india/delhi-gang-rape-victim-s-friend-also-on-bus-gives-statement-in-court-307391 |title=Delhi gang-rape: victim's friend, also on bus, gives statement in court |work=] |access-date=21 December 2012}}</ref> This same rod was used to penetrate her so severely that the victim's intestines had to be surgically removed, before her death thirteen days after the attack.<ref>{{cite news | last = HT Correspondent |title=No option, victim's intestines removed | archive-url = https://web.archive.org/web/20150403022857/http://www.hindustantimes.com/newdelhi/no-option-victim-s-intestines-removed/article1-976790.aspx | archive-date = 3 April 2015 | url = http://www.hindustantimes.com/India-news/NewDelhi/No-option-victim-s-intestines-removed/Article1-976790.aspx |work=] | url-status = dead |access-date=21 December 2012}}</ref>
] on 30 December 2012 demanding justice for the 23-year old student who was ] on 16 December 2012]]
Software engineer Nayana Pujari was raped and murdered by her escort driver in Pune in 2009.<ref>{{cite news |url=http://articles.timesofindia.indiatimes.com/2013-01-01/pune/36093154_1_nayana-pujari-yogesh-raut-abhijit-pujari |title=Nayana's case is more serious that Delhi gang rape, says husband |work=The Times of India |date=1 Jan 2013}}</ref><ref>{{cite web |url=http://zeenews.india.com/news/maharashtra/nayana-pujari-rape-murder-case-accused-used-to-raping_852134.html |title=Nayana Pujari rape-murder case: Accused ‘used to raping’ |work=Zee News|date=1 June 2013}}</ref>


The following day, there was an uproar in the Indian parliament over the incident. MPs in both houses had set aside their regular business to discuss the case and demanded strict punishment for those who carried out the attack. The Leader of the Opposition in the ], Sushma Swaraj, demanded that "the rapists should be hanged".<ref name=bbc-hang>{{cite news | last = Staff writer |title=Delhi bus gang rape: Uproar in Indian parliament |url=https://www.bbc.com/news/world-asia-india-20765869 |access-date=19 December 2012 |work=] |date=18 December 2012}}</ref> Thousands of people, mostly young, participated in a massive demonstration on 22 December in protest.<ref>{{cite news | last = Staff writer | title = Thousands protest in Indian capital after gang-rape |url = http://www.itv.com/news/2012-12-22/thousands-protest-after-indian-gang-rape/|work=]|date=23 December 2012}}</ref> Police arrested six men suspected of rape.<ref name="lavanguardia1">{{cite news | last = Staff writer |url=http://www.lavanguardia.com/internacional/20121223/54356596953/muerto-india-manifestaciones-contra-violacion.html |title=Un muerto en la India durante las protestas contra una violación |work=] | language = es |access-date=24 December 2012}}</ref> One of them, a 17-year-old juvenile, was jailed while among the five remaining culprits (who were adults), one committed suicide before trial while the other four were hanged in 2020 for murder.<ref>{{cite web|url=https://www.straitstimes.com/asia/south-asia/india-executes-four-men-convicted-in-2012-delhi-bus-rape-and-murder|title=Four men convicted of brutal rape in Delhi in 2012 hanged|date=20 March 2020|website=]|access-date=11 March 2023}}</ref>
The ], on 16 December 2012, sparked large protests across the capital Delhi.<ref name=delhi1212>{{cite news|author=19 Dec 2012 |url=http://www.telegraph.co.uk/news/worldnews/asia/india/9756318/Protests-grow-over-gang-rape-of-Indian-woman.html# |title=Video: Protests grow over gang rape of Indian woman |publisher=Telegraph |accessdate=2012-12-21 |location=London |date=2012-12-19}}</ref> She was with a male friend who was severely beaten with an iron rod during the incident.<ref>{{cite web |url=http://www.ndtv.com/article/india/delhi-gang-rape-victim-s-friend-also-on-bus-gives-statement-in-court-307391 |title=Delhi gang-rape: victim's friend, also on bus, gives statement in court |publisher=NDTV.com |accessdate=2012-12-21}}</ref> This same rod was used to penetrate her so severely that the victim's intestines had to be surgically removed, before her death thirteen days after the attack.<ref>{{cite web |url=http://www.hindustantimes.com/India-news/NewDelhi/No-option-victim-s-intestines-removed/Article1-976790.aspx |title=No option, victim’s intestines removed |publisher=Hindustan Times |accessdate=2012-12-21}}</ref>


===2013 Mumbai gang rape===
The following day, there was an uproar in the Indian parliament over the incident. MPs in both houses had set aside their regular business to discuss the gruesome rape case and demanded strict punishment for those who carried out the attack. Leader of the opposition in the ], Sushma Swaraj, demanded that "the rapists should be hanged".<ref name=bbc-hang>{{cite news |title=Delhi bus gang rape: Uproar in Indian parliament |url=http://www.bbc.com/news/world-asia-india-20765869 |accessdate=19 December 2012 |work=BBC News |date=18 December 2012}}</ref> Thousands of people, mostly young, participated in a massive demonstration in 22 December in protest.<ref>{{cite news|url=http://www.itv.com/news/2012-12-22/thousands-protest-after-indian-gang-rape/|title=Thousands protest in Indian capital after gang-rape|work=]|date=2012-12-23}}</ref> Police announced that six men suspected of rape had been arrested.<ref name="lavanguardia1">{{cite web |url=http://www.lavanguardia.com/internacional/20121223/54356596953/muerto-india-manifestaciones-contra-violacion.html |title=Un muerto en la India durante las protestas contra una violación |publisher=Lavanguardia.com |accessdate=2012-12-24}}</ref> As a result of this incident, the government has promised speedy trials in cases of violations. It will improve the lighting of roads and public transport and there will be more police patrols to ensure the safety of women.<ref name="lavanguardia1"/> ], founder of Apne Aap Women Worldwide writing for ] after the death of the young girl on the bus has said that she has "seen the steady creeping in of a ] into the fabric of India"<ref name=Gupta>{{cite news |last=Gupta|first=Ruchira |title=Challenging India’s rape culture |url=http://www.thehindu.com/opinion/op-ed/challenging-indias-rape-culture/article4294223.ece |newspaper=The Hindu |date=10 January 2013 |location=Chennai, India}}</ref> It has been estimated that up to 100,000 children go missing each year, with the majority of them being sexually abused. The Justice Verma panel has said this is due to a rape culture and that missing children are trafficked, sexually assaulted and that the police are complicit in these crimes.<ref name=Sharma>{{cite news |last=Sharma|first=Nagendar |title=Missing kids victims of rape culture: panel |url=http://www.hindustantimes.com/India-news/NewDelhi/Missing-kids-victims-of-rape-culture-panel/Article1-1002331.aspx |newspaper=Hindustan Times |date=27 January 2013}}</ref>
In August 2013, in the ] case, a 22-year-old photojournalist, who was interning with an English-language magazine in Mumbai, was gang-raped by five persons, including a juvenile, in the deserted Shakti Mills compound, near Mahalaxmi in South ], where she had gone with a male colleague on an assignment. This caused protests throughout the country since Mumbai with its very active nightlife was previously considered a safe haven for women. The city sessions court found the accused guilty and sentenced the three repeat offenders to death, making them the first in the country to get the death sentence stipulated under the newly enacted Section 376E of the Indian Penal Code.<ref>{{cite news | last = Samervel | first = Rebecca | title = 3 Shakti Mills rapists to hang for 'diabolical, planned attack' | url = http://timesofindia.indiatimes.com/city/mumbai/3-Shakti-Mills-rapists-to-hang-for-diabolical-planned-attack/articleshow/33254307.cms | work = ] | date = 5 April 2014}}</ref> However, on 25 November 2021, the ] ] the three death sentences to life imprisonment.<ref>{{cite web |title=Shakti Mills Gangrape Case: Bombay HC Commutes Death Penalty of 3 Convicts |url=https://www.outlookindia.com/website/story/india-news-shakti-mills-gangrape-case-bombay-hc-commutes-death-penalty-of-3-convicts/402492 |website=Outlook |date=25 November 2021 |access-date=25 November 2021 |language=en}}</ref>


===Ranaghat case===
In 2012 Bikram Singh Brahma was accused of raping a woman in the Chirang district of Assam. He was caught by villagers who heard the woman's screams. He was stripped of his shirt and beaten by locals and was suspended from the ruling Congress party.<ref name=BBC>{{cite news |title=Bikram Singh Brahma suspended by Congress over Assam 'sex attack' |url=http://www.bbc.co.uk/news/world-asia-india-20907458 |newspaper=BBC |date=4 January 2013}}</ref>
On 14 March 2015, a 71-year-old nun was ]d in ], West Bengal, by intruders at the Convent of Jesus and Mary.<ref>{{cite news| last = Staff writer |url=https://www.bbc.com/news/world-asia-india-31887764|title=Elderly Indian nun gang-raped in convent school attack|date=14 March 2015|work=]|access-date=16 November 2016}}</ref> The six intruders were recorded on CCTV during their crime of ransacking the chapel, destroying religious items, looting cash and the gang rape. Six men were arrested and charged with the crime by 1 April 2015, and identified to be ] ].<ref>News reports:
* {{cite news | last = Dua | first = Rohan | title = Bengal nun gangrape: Ludhiana cops detain four Bangladeshis | url = http://timesofindia.indiatimes.com/india/Bengal-nun-gangrape-Ludhiana-cops-detain-four-Bangladeshis/articleshow/46765997.cms | work = ] | date = 1 April 2015 }}
* {{cite news | last = PTI | author-link = Press Trust of India | title = Two Bangladeshis arrested in Ranaghat nun gang-rape | url = http://www.newindianexpress.com/nation/Two-Bangladeshis-Arrested-in-Ranaghat-Nun-Gang-Rape/2015/03/26/article2731245.ece | work = ] | date = 26 March 2015 }}
* {{cite news | last = Shoebat Foundation | author-link = Shoebat Foundation | title = INDIA: Two more Bangladeshi Muslims arrested for brutal gang rape of elderly convent nun | url = http://shoebat.com/2015/03/28/india-two-more-bangladeshi-muslims-arrested-for-brutal-gang-rape-of-elderly-convent-nun/ | work = ] | date = 28 March 2015 }}</ref>


===Delta Meghwal rape case===
In August 2013, a 22-year-old photojournalist, who was interning with an English-language magazine in Mumbai, was gang-raped by five persons, including a juvenile, when she had gone to the deserted Shakti Mills compound, near Mahalaxmi in South ], with a male colleague on an assignment. This caused protests throughout the country since Mumbai with its very active night-life was previously considered a safe haven for women. Justice was delivered quickly with a city sessions court handing out the death penalty to the three repeat offenders in the ] case, making them the first in the country to get the maximum punishment stipulated under the newly enacted Section 376E of the Indian Penal Code.<ref>{{cite news|url=http://timesofindia.indiatimes.com/city/mumbai/3-Shakti-Mills-rapists-to-hang-for-diabolical-planned-attack/articleshow/33254307.cms |title=3 Shakti Mills rapists to hang for 'diabolical, planned attack' - TOI group }}</ref>
On 29 March 2016, the corpse of ], a 17-year-old ] girl, was found in her hostel's water tank. Following the registration of the police case the hostel warden, physical education teacher and principal were arrested by Bikaner police and kept under judicial custody.<ref>{{cite news | last = TNN | title = Dalit girl student was not murdered, says FSL report | url = http://timesofindia.indiatimes.com/city/jaipur/Dalit-girl-student-was-not-murdered-says-FSL-report/articleshow/51735039.cms | work = ] | date = 8 April 2016 | access-date = 20 April 2016 }}</ref> The State eventually acceded to a CBI inquiry after the issue became politicised.<ref>{{cite news | last = Express News Service | title = Rajasthan CM Raje govt seeks CBI probe into Dalit girl's death | url = http://indianexpress.com/article/india/india-news-india/rajasthan-dalit-girl-death-sbi-probe-vasundhara-raje-2761420/ | work = ] | date = 20 April 2016 }}</ref>
In May 2014 ] and girls were then hanged from a tree. Two police officers were suspected of involvement in the crimes.<ref name="TeenagersHanged">{{cite news|title=Perceived government inaction over rape and murder of two teenage girls sparks public anger |url=http://www.indiasnews.net/index.php/sid/222467201/scat/701ee96610c884a6/ht/Perceived-government-inaction-over-rape-and-murder-of-two-teenage-girls-sparks-public-anger|accessdate=31 May 2014|publisher=India's News.Net}}</ref> The alleged gang rape was widely reported in the press both in India and globally.<ref></ref> After an extensive investigation, the CBI concluded that the rape and murder allegations were false.<ref></ref> The family of the girls filed a protest appeal which highlighted a few points contesting the suicide theory. The courts have set 30 March, 2015 as the ] date to decide whether to accept or reject the CBI's closure report.<ref>http://timesofindia.indiatimes.com/city/bareilly/CBI-challenges-Badaun-sisters-kins-plea-to-re-open-case/articleshow/46532470.cms</ref><ref>http://articles.economictimes.indiatimes.com/2015-03-12/news/60048047_1_closure-report-kokab-hasan-naqvi-protest-petition</ref>


===Kathua rape case===
In March 2015, a 71-year-old nun was allegedly ].<ref></ref>
On 17 January 2018, ], an 8-year-old minor girl, was raped and murdered in Rasana village near ] in ]. The incident made national news when charges were filed against eight men in April 2018. The arrests of the accused led to protests from groups, one of which was attended by two ministers from the ], both of whom have now resigned. The rape and murder, as well as the support the accused received, sparked widespread outrage.<ref name="BBC2">{{Cite news|url=https://www.bbc.com/news/world-asia-india-43749235|title=Outrage spreads over eight-year-old's rape|date=13 April 2018|work=BBC News|access-date=13 April 2018|language=en-GB}}</ref><ref name="Outlook">{{Cite news|url=https://www.outlookindia.com/website/story/jk-kathua-rape-and-murder-of-8-year-old-girl-was-aimed-at-driving-nomads-out-off/309368|title=J&K: Kathua Rape-And-Murder Of 8-Year-Old Girl Was Aimed At Driving Nomads Out: Official|work=Outlook India|access-date=11 April 2018}}</ref><ref name="WaPo">{{Cite news|url=https://www.washingtonpost.com/news/worldviews/wp/2018/04/11/an-8-year-olds-rape-and-murder-inflames-tensions-between-hindus-and-muslims-in-india/|title=An 8-year-old's rape and murder inflames tensions between Hindus and Muslims in India|last=Eltagouri|first=Marwa|date=11 April 2018|newspaper=Washington Post|access-date=12 April 2018|language=en-US|issn=0190-8286}}</ref>

===Unnao rape case===
{{Main|2017 Unnao rape case}}
The Unnao rape case saw an allegation that lawmaker ] had raped a 17-year-old girl in 2017.<ref>{{Cite news|url=http://www.financialexpress.com/india-news/unnao-rape-case-live-updates-kuldeep-singh-sengar-up-police-fir-against-bjp-mla-yogi-adityanath/1130176/|title=Unnao rape case: Will arrest BJP MLA Kuldeep Singh Sengar, SIT tells Allahabad HC; Highlights here|work=financialexpress.com|access-date=2019-07-30}}</ref><ref>{{Cite news|url=https://www.hindustantimes.com/lucknow/unnao-case-cbi-files-charge-sheet-against-mla-9-others-for-criminal-conspiracy/story-ZND6Iu54yg4g24kkIPclWL.html|title=Unnao case: CBI files charge sheet against MLA, 9 others for criminal conspiracy|date=2018-07-14|work=Hindustan Times|access-date=2019-07-30|language=en}}</ref> In 2018, the alleged victim's father was jailed under the Arms Act, and died in prison after being allegedly beaten up by Sengar's brother and several others.<ref name="unnaoIT1">{{Cite web|url=https://www.indiatoday.in/india/story/unnao-rape-survivor-car-accident-all-you-need-to-know-timeline-1574828-2019-07-29|title=Unnao rape survivor accident: What happened and what we know so far|website=India Today|date=29 July 2019 |language=en|access-date=2019-07-30}}</ref> Also in 2018, a witness to the alleged assault, Yunus, died and was immediately buried by his family with no autopsy and no communication to police or investigators. Yunus' wife and family said Yunus had been ill and died a natural death.<ref>{{cite web |last1=Bajpai |first1=Namita |title=Unnao rape case: Key witness Yunus died of ailment, claims family |url=https://www.newindianexpress.com/nation/2018/aug/23/unnao-rape-case-key-witness-yunus-died-of-ailment-claims-family-1861885.html |website=] |date=2018-08-23|access-date=2019-07-30}}</ref> The uncle of the alleged victim was arrested and jailed in 2018 due to an 18-year-old gun-firing case.<ref>{{Cite news|url=https://www.hindustantimes.com/lucknow/unnao-rape-victim-s-uncle-sent-to-jail-hearing-today/story-hLRZVaywqnOz6BcMxAfXpK.html|title=Unnao rape victim's uncle sent to jail, hearing today|date=2018-11-22|work=Hindustan Times|access-date=2019-07-30|language=en}}</ref> In 2019, a truck with blackened license plates hit the car in which the alleged victim and others were riding in. As a result, the victim's paternal and maternal aunts were killed. The alleged victim and her lawyer were critically injured. The police officers assigned to provide security for the alleged victim were not present, with the explanation that there was no space in the car in which the alleged victim was travelling.<ref name="unnaoIT1" />


===Jammu and Kashmir=== ===Jammu and Kashmir===
There have been allegations of ] and ] in ]. Reports have shown that rape has been carried out by both Indian armed forces and Islamist militant groups.<ref name=Warikoo/><ref name=Margolis>{{cite book|last=Margolis|first=Eric S.|title=War at the Top of the World: The Struggle for Afghanistan, Kashmir, and Tibet|year=2001|publisher=Routledge|isbn=978-0415930628|edition=1st|page=81}}</ref> In 1991, the ] are alleged to have entered the village of ] and raped between 30 and 100 women aged between 13 and 70.<ref name=HRW>{{cite book|title=Abdication of responsibility: the Commonwealth and human rights|year=1991|publisher=Human Rights Watch|isbn=978-1564320476|page=14}}</ref><ref name=Chatterji>{{cite book|last=Chatterji|first=Angana P.|title=South Asian Feminisms|year=2012|publisher=Duke University Press|isbn=978-0822351795|editor=Ania Loomba, Ritty A. Lukose|page=194}}</ref> The Indian government carried out three inquiries into the allegations and concluded that it had been a hoax.<ref>{{cite book|title=Crisis and credibility : report of the Press Council of India, January and July 1991.|year=1991|publisher=Lancer International|location=New Delhi|isbn=8170621526|pages=10–13}}</ref> There have been allegations of rape and ] in ]. Reports have shown that rape has been carried out by both Indian armed forces and Islamist militant groups.<ref name=Warikoo>{{citation | last = Warikoo | first = Kulbhushan | contribution = Islamist extremism in Kashmir | editor-last = Warikoo | editor-first = Kulbhushan | title = Religion and security in South and Central Asia | page = 79 | publisher = Routledge | location = London New York | year = 2014 | edition = 1st | isbn = 9781138784833 | postscript = .}} </ref><ref name=Margolis>{{citation | last = Margolis | first = Eric S. | contribution = Revolt in the mountains | editor-last = Margolis | editor-first = Eric S. | title = War at the top of the world: the struggle for Afghanistan, Kashmir, and Tibet | page = 135 | publisher = Routledge | location = New York | year = 2000 | isbn = 9780415930628 | postscript = .}} </ref>


The rapes by Islamic militants have been reported since the ]. On 22 October 1947, Pashtun militants invaded Baramulla in a Pakistan army truck, and raped women including European nuns.<ref name="Pochhammer1981">{{cite book|author=Wilhelm von Pochhammer|title=India's road to nationhood: a political history of the subcontinent|url=http://books.google.com/books?id=mHLB4m75pisC&pg=PA512|accessdate=10 March 2012|year=1981|publisher=Allied Publishers|isbn=978-81-7764-715-0|pages=512–}}</ref> In March 1990, Mrs. M. N. Paul, the wife of a BSF inspector was kidnapped, tortured and gang-raped for many days. Then her body with broken limbs was abandoned on a road.<ref name="Joshi1999">{{cite book|author=Manoj Joshi|title=The lost rebellion|page=64|date=January 1999|publisher=Penguin Books|isbn=978-0-14-027846-0}}</ref> The rapes by Islamic militants have been reported since the ]. On 22 October 1947, Pashtun militants invaded Baramulla in a Pakistan army truck, and raped women including European nuns.<ref name="Pochhammer1981">{{citation | last = von Pochhammer | first = Wilhelm | contribution = Accession of Princely states | editor-last = von Pochhammer | editor-first = Wilhelm | title = India's road to nationhood: a political history of the subcontinent | page = 512 | publisher = Allied Publishers | location = New Delhi | year = 2005 | isbn = 9788177647150 | postscript = .}} </ref> In March 1990, Mrs. M. N. Paul, the wife of a BSF inspector was kidnapped, tortured and gang-raped for many days. Then her body with broken limbs was abandoned on a road.<ref name="Joshi1999">{{citation | last = Joshi | first = Manoj | contribution = The valley aflame | editor-last = Joshi | editor-first = Manoj | title = The lost rebellion | page = 64 | publisher = Penguin Books | location = New Delhi | year = 1999 | isbn = 9780140278460 | postscript = .}} </ref>


The ] have stated that though the attacks had not been proven beyond a doubt, there was credible evidence that it had happened.<ref name=Schofield>{{cite book|last=Schofield|first=Victoria|title=Kashmir in conflict: India, Pakistan and the unending war|year=2002|publisher=I.B.Tauris|isbn=978-1860648984|edition=2nd revised|page=157}}</ref> In 2011, the State Human Rights Commission (SHRC) asked for the reopening of the case.<ref name=Ganai>{{cite news|last=Ganai|first=Naseer|title=Human rights panel asks Jammu and Kashmir govt to reopen army mass rape case|url=http://indiatoday.intoday.in/story/shrc-wants-jammu-and-kashmir-army-mass-rape-case-reopened/1/156960.html|newspaper=India Today|date=21 October 2011}}{{dead link|date=December 2012}}</ref> The ] stated that though the attacks had not been proven beyond a doubt, there was credible evidence that it had happened.<ref name=Schofield>{{cite book | last = Schofield | first = Victoria | contribution = Vale of tears | editor-last = Schofield | editor-first = Victoria | title = Kashmir in conflict: India, Pakistan and the unending war | page = | publisher = I.B. Tauris | location = London New York | year = 2003 | isbn = 9781860648984 | url-access = registration | url = https://archive.org/details/00book584554548/page/157 }} </ref> In 2011, the State Human Rights Commission (SHRC) asked for the reopening of the case.<ref name=Ganai>{{cite news|last=Ganai|first=Naseer|title=Human rights panel asks Jammu and Kashmir govt to reopen army mass rape case|url=http://indiatoday.intoday.in/story/shrc-wants-jammu-and-kashmir-army-mass-rape-case-reopened/1/156960.html|work=]|date=21 October 2011 |archive-url=https://web.archive.org/web/20111021171255/http://indiatoday.intoday.in/story/shrc-wants-jammu-and-kashmir-army-mass-rape-case-reopened/1/156960.html |archive-date=21 October 2011}}</ref>


Extremist and Terrorist organisations such as ], ] and ] have been accused of carrying out rapes.<ref name=Warikoo>{{cite book|last=Warikoo|first=Kulbhushan|title=Religion and security in South and Central Asia|year=2010|publisher=Routledge|isbn=978-0415575904|edition=1st|editor=Kulbhushan Warikoo|page=79}}</ref> The ] have been accused of ] by using murder, arson and rape as a weapon of war to drive out hundreds of thousands of Hindu ] from the region.<ref name=Forsythe>{{cite book|last=Forsythe|first=David P.|title=Encyclopedia of Human Rights|year=2009|publisher=Oxford University Press|isbn=978-0195334029|page=306}}</ref><ref name=Flint>{{cite book|last=Flint|first=Colin|title=Introduction to Geopolitics|year=2011|publisher=Routledge|isbn=978-0415667739|edition=2nd|page=192}}</ref> Following the rise of rapes by the terrorist organizations, HRW has submitted that the victims of raper suffer ostracism and there is a "code of silence and fear" that prevents people from reporting such abuse. According to the HRW, the investigation of case of rape by militants is difficult because many Kashmiris are reluctant to discuss it for the fear of violent reprisals.<ref name="HumanRightsCrisis">. Asia Watch, a division of ]. Lat accessed on 10 March 2012. Also published as a book: {{cite book | author1=Asia Watch Committee (U.S.) | author2=Human Rights Watch (Organization) | author3=Physicians for Human Rights (U.S.) | title=The Human rights crisis in Kashmir: a pattern of impunity | url=http://books.google.com/books?id=X0QQx5ObGysC&pg=PA154 | accessdate=10 March 2012 | year=1993 | publisher=Human Rights Watch | isbn=978-1-56432-104-6 | page=154}}</ref> Militant organisations such as ], ] and ] have been accused of carrying out rapes.<ref name=Warikoo/> The ] has been accused of ] of using murder, arson, and rape as a weapon of war to drive out hundreds of thousands of Hindu ] from the region.<ref name=Forsythe>{{citation | last=Tolley | first=Howard B. Jr. | contribution = Kashmir | editor-last = Forsythe | editor-first = David P. | title = Encyclopedia of human rights | page = 306 | publisher = Oxford University Press | location = Oxford New York | year = 2009 | isbn = 9780195336887 | postscript = .}} </ref><ref name=Flint>{{citation | last = Flint | first = Colin | contribution = Network geopolitics: social movements and terrorists | editor-last = Flint | editor-first = Colin | title = An introduction to geopolitics | page = 192 | publisher = Routledge | location = Milton Park, Abingdon, Oxon New York | year = 2011 | edition = 2nd | isbn = 9780415667739 | postscript = .}} </ref> Following the rise of rapes by the Indian armed forces and militants, HRW submitted that the victims of rape suffer ostracism and that there is a "code of silence and fear" that prevents people from reporting such abuse. According to HRW, the investigation of cases of rape by Indian forces and militants is difficult because many Kashmiris are reluctant to discuss it for fear of violent reprisals.<ref name="HumanRightsCrisis">{{cite book | last = HRW |author-link = Human Rights Watch | contribution = Violations by military organizations | editor-last = HRW | editor-link = Human Rights Watch | title = The Human rights crisis in Kashmir: a pattern of impunity | page = 154 | publisher = Asia Watch, a division of ] | location = New York | date = June 1993 | isbn = 9781564320476 | url = https://www.hrw.org/sites/default/files/reports/INDIA937.PDF}}
:Also published as a book: {{cite book | author1=Asia Watch Committee (U.S.) | author2=Human Rights Watch (Organization) | author3=Physicians for Human Rights (U.S.) | contribution = Violations by military organizations | editor1=Asia Watch Committee (U.S.) | editor2=Human Rights Watch (Organization) | editor3=Physicians for Human Rights (U.S.) | title = The Human rights crisis in Kashmir: a pattern of impunity | page=154 | publisher = ] | location = New York | year = 1993 | isbn = 9781564321046 | url = https://books.google.com/books?id=X0QQx5ObGysC&pg=PA154}}</ref>


===Northeast India=== ===Northeast India===
Human rights groups allege that the Indian armed forces under the protection of the ] have carried out a large amount of rapes in the ], ] and ] provinces.<ref name=Karlsson>{{cite book|last=Karlsson|first=B. G.|title=Unruly Hills: A Political Ecology of India's Northeast|year=2011|publisher=Berghahn|isbn=978-0857451040|page=51}}</ref> In August 2013, a School Teacher in ] was arrested for raping fourteen underage girls in a hostel where he was warden. The sexual exploitation allegedly continued for over 3 years, until one of the girls filed a police complaint.<ref>{{cite web|title=Hostel Warden arrested for raping 14 Girls in Arunachal Pradesh|url=http://news.biharprabha.com/2013/08/hostel-warden-arrested-for-raping-14-girls-in-arunachal-pradesh/|accessdate=4 September 2013}}</ref> Human rights groups allege that the Indian armed forces under the protection of the ] have carried out a large number of rapes in the ], ] and ] provinces.<ref name="Karlsson">{{citation | last = Karisson | first = Bengt G. | contribution = Nature and nation | editor-last = Karisson | editor-first = Bengt G. | title = Unruly hills: a political ecology of India's northeast | pages = 51–52 | publisher = Berghahn Books | location = New York | year = 2011 | isbn = 9780857451057 | postscript = .}} </ref> Karlsson writes that there are reports that much of the violence against civilians, including sexual assault, is inflicted by the rebel groups and armed criminal gangs in the region.<ref name="Karlsson" />


===Uttar Pradesh=== ===Uttar Pradesh===
There is wide discrepancy among reports of rape and sexual assault. For example, according to the ] (PUCL), the majority of those assaulted in 2007 were poor women from remote areas and ]s. SR Darapuri of the PUCL alleged, "I analysed the rape figures for 2007 and I found that 90% of victims were Dalits and 85% of Dalit rape victims were underage girls."<ref name="Uttar Pradesh">{{cite news|title=Rape and murder in Uttar Pradesh|url=http://www.bbc.co.uk/news/world-south-asia-14058814|newspaper=BBC|date=18 July 2011}}</ref> Darapuri allegations do not match with the data compiled by National Crime Records Bureau of India, which found 6.7% of rape and sexual assault victims were Dalits in 2007, where nearly 16% of Indian population is classified as Dalit.<ref>National Crimes Report Bureau, Chapters 5 - 7, Government of India</ref> There is wide discrepancy among reports of rape and sexual assault. For example, according to the ] (PUCL), the majority of those assaulted in 2007 were poor women from remote areas and ]s. SR Darapuri of the PUCL alleged, "I analysed the rape figures for 2007 and I found that 90% of victims were Dalits and 85% of Dalit rape victims were underage girls."<ref name="Uttar Pradesh">{{cite news | last = Staff writer |title=Rape and murder in Uttar Pradesh|url=https://www.bbc.co.uk/news/world-south-asia-14058814|work=]|date=18 July 2011}}</ref> Darapuri allegations do not match with the data compiled by National Crime Records Bureau of India, which found 6.7% of rape and sexual assault victims were Dalits in 2007, where nearly 16% of Indian population is classified as Dalit.<ref>{{citation | contribution = Table 7.2: Incidence (I), Rate (R) and Percentage Contribution to All India Total of Crimes (P) Committed Against Scheduled Castes During 2007 | title = Crimes in India 2007 (Chapters 5–7) | archive-url = https://web.archive.org/web/20151014135524/http://ncrb.nic.in/cii2007/cii-2007/Table%207.2.pdf | archive-date = 14 October 2015 | url = http://ncrb.nic.in/cii2007/cii-2007/Table%207.2.pdf | publisher = National Crime Records Bureau (NCRB), Ministry of Home Affairs, Government of India }}</ref> There were 391 cases of rape of Dalit victims reported in Uttar Pradesh in 2013 or about 1 per 100,000 Dalits in the state of about 200&nbsp;million people (21% of which is classified as Dalit).<ref>{{cite book | title = Crimes in India 2013 | archive-url = https://web.archive.org/web/20151017031054/http://ncrb.nic.in/CD-CII2013/compendium%202013.pdf | archive-date = 17 October 2015 | url = http://ncrb.nic.in/CD-CII2013/compendium%202013.pdf | publisher = National Crime Records Bureau (NCRB), Ministry of Home Affairs, Government of India | date = 2014 }}</ref>


===During Riots=== ==During riots==
In recent years, variety of rapes have taken places during the communal riots. During the post 2002 ], in the certain parts of Gujarat, rape was carried out by rioters.<ref>{{cite news| url=http://world.time.com/2012/08/31/gujarat-riots-new-court-verdict-raises-the-heat-on-narendra-modi/ | title=Gujarat Riots: New Court Verdict Raises the Heat on Narendra Modi | first=Nilanjana | last=Bhowmick | date=31 August 2012 | work=Time | accessdate=6 May 2014 }}</ref> Thirteen rape and assault cases were reported during the ].<ref name="The Hindu" /> In recent years, numerous rapes have taken place during communal riots. After the 2002 ], in the certain parts of Gujarat, rape was carried out by rioters.<ref>{{cite magazine | last = Bhowmick | first = Nilanjana | title=Gujarat riots: new court verdict raises the heat on Narendra Modi| url=https://world.time.com/2012/08/31/gujarat-riots-new-court-verdict-raises-the-heat-on-narendra-modi/ | magazine = ] | date=31 August 2012 | access-date=6 May 2014 }}</ref> Thirteen rape and assault cases were reported during the ].<ref name="The Hindu">{{cite news |author = ] | title = Good laws, bad implementation | url = http://www.thehindu.com/opinion/lead/good-laws-bad-implementation/article5639799.ece | location = Chennai, India | work = ] | date=1 February 2014 | access-date=1 February 2014}}</ref>


===Rape of foreigners=== ==The partition of India==
{{main|Rape during the partition of India}}
Rape cases against internationals have lead to a number of countries to issue travel advisories to citizens to exercise extreme caution, even when travelling in groups.<ref>{{cite web|url=https://www.gov.uk/foreign-travel-advice/india/safety-and-security|title=India travel advice - GOV.UK|publisher=|accessdate=17 March 2015}}</ref><ref>{{cite web|url=http://www.ft.com/cms/s/0/be36ee2e-94d2-11e4-8341-00144feabdc0.html#axzz3TYUEfp7a|title=Latest rape case adds to fears for Indian tourism industry|work=Financial Times|accessdate=17 March 2015}}</ref><ref>{{cite web|url=http://www.telegraph.co.uk/travel/travelnews/10579590/Warning-over-rape-threat-in-India.html|title=Warning over rape threat in India|author=AFP|work=Telegraph.co.uk|accessdate=17 March 2015}}</ref> The news coverage of the rapes and updated travel advisories had a significant impact on India's tourism industry, led to a significant drop in female tourists.<ref>{{cite web|url=http://www.bloomberg.com/news/articles/2015-01-22/india-s-message-to-women-come-visit-we-re-serious-about-safety|title=India’s Message to Women: Come Visit, We’ll Become Safer|author=Natalie Obiko Pearson|work=Bloomberg.com|accessdate=17 March 2015}}</ref> The Tourism Ministry introduced{{when|date=March 2015}} ], travel advisories for female tourists, and planned to introduce "tourist only" train carriages in an attempt to keep tourists safe.<ref name="dailymail.co.uk">{{cite web|url=http://www.dailymail.co.uk/travel/travel_news/article-2897592/India-introduces-emergency-helplines-travel-advice-visitors-tourism-plunges-30-following-high-profile-rapes.html|title=India introduces emergency helplines and travel advice for visitors after tourism plunges 30% following high-profile rapes|work=Mail Online|accessdate=17 March 2015}}</ref><ref>{{cite web|url=http://www.telegraph.co.uk/travel/destinations/asia/india/11327948/India-tourism-fears-after-latest-rape.html|title=India tourism fears after latest rape|work=Telegraph.co.uk|accessdate=17 March 2015}}</ref>
During the ], some 100,000 women said that they were kidnapped and raped.<ref name=Butalia>{{citation | last = Butalia | first = Urvashi | contribution = Gender in the construction of nations | editor-last = Dobhal | editor-first = Harsh | title = Writings on human rights, law, and society in India: a Combat law anthology: selections from Combat law, 2002-2010 | page = 598 | publisher = Human Rights Law Network | location = New Delhi | year = 2011 | isbn = 9788189479787 | postscript = .}} </ref><ref name="Žarkov">{{citation | last = Žarkov | first = Dubravka | contribution = Troubles with the victim | editor-last = Žarkov | editor-first = Dubravka | title = The body of war: media, ethnicity, and gender in the break-up of Yugoslavia | page = | publisher = Duke University Press | location = Durham | year = 2007 | isbn = 9780822339663 | postscript = . | url = https://archive.org/details/bodyofwar01zark/page/172 }}</ref>
− In March 2004, a 59-year old Australian ] adherent Dawn Griggs was murdered and raped on her way to the sect's headquarters in ]. A senior homicide police official described Ms Griggs's killing as "savage". She was the third expatriate woman in a period of a few months but the first to be killed. Ms Griggs was carrying $8,000 to take to them when she arrived in India. Thorns were embedded in her palms and the soles of her feet were cut, indicating she put up strong resistance. 2 Taxi drivers were caught, tried, and sentenced for the rape and murder of Dawn Griggs. <ref>http://www.news.com.au/national/death-penalty-for-pair-who-killed-aussie/story-e6frfkp9-1111117175549</ref> <ref>http://www.eturbonews.com/4275/death-taxi-drivers-over-aussie-tourist-murder</ref>
− In 2008, The rape and murder of English teenager ] brought international attention to cases of rape in India.<ref name="Buncombe">{{cite news|last=Buncombe|first=Andrew|title=Goa MP says rape after midnight 'not a crime'|url=http://www.independent.co.uk/news/world/asia/goa-mp-says-rape-after-midnight-not-a-crime-1843100.html|newspaper=The Independent|date=17 December 2009|location=London}}</ref><ref name=Morris>{{cite news|last=Morris|first=Chris|title=Can the Goa Trial Untangle the Scarlett Keeling Case|url= http://news.bbc.co.uk/2/hi/uk_news/8577029.stm |newspaper=The BBC|date=19 March 2010}}</ref><ref name=Manjesh>{{cite news|last=Manjesh|first=Sindhu|title=Scarlett Keeling case: Five years on, mother awaits justice|url=http://www.ndtv.com/article/india/scarlett-keeling-case-five-years-on-mother-awaits-justice-331858 |newspaper=NDTV|date=17 Feb 2013}}</ref>
− A Russian national working in India claimed that she was raped by a ]n politician on 1 December 2009 after having dinner with him that evening.<ref name="goa">{{cite web|url=http://www.dnaindia.com/india/report_goa-mp-shantaram-naik-says-some-women-invite-rape_1324134 |title=Goa MP Shantaram Naik says some women invite rape - India - DNA |publisher=Dnaindia.com |date=2009-12-15 |accessdate=2012-12-24}}</ref> ], an MP of the ], occasioned widespread disapproval, when he said, "...an alleged rape of a lady who moves with strangers for days together even beyond middle of the night is to be treated on a different footing."<ref name="Buncombe"/><ref name="goa"/> Mamata Banerji stated<ref name="dailymail.co.uk"/><ref>{{cite web|url=http://www.sify.com/news/mamata-s-bizarre-reason-for-rise-of-rapes-news-national-mkqhlQcbigj.html |title=Mamata's bizarre reason for rise of rapes |publisher=Sify.com |date=2012-10-16 |accessdate=2012-12-24}}</ref> that free interaction between men and women today has led to these crimes.
− In March 2013 a Swiss couple who were cycling from ] to ], were physically assailed by 8 locals, the man was overpowered and tied up while the 39-year old woman was gang-raped in front of her husband at a village in ] where they decided to camp for a night.<ref>{{cite news|url=http://www.bbc.co.uk/news/world-asia-india-21812849 |title=BBC News - Swiss woman 'gang-raped' in central India |publisher=Bbc.co.uk |date=1970-01-01 |accessdate=2013-03-16}}</ref><ref>{{cite web|url=http://news.sky.com/story/1065513/india-tourist-gang-raped-and-husband-beaten |title=India: Tourist Gang-Raped And Husband Beaten |publisher=News.sky.com |accessdate=2013-03-16}}</ref><ref>{{cite news|url=http://edition.cnn.com/2013/03/16/world/asia/india-tourist-gangrape/ |title=Police: Swiss tourist gang-raped in India - CNN.com |publisher=Edition.cnn.com |accessdate=2013-03-17 |date=2013-03-17}}</ref>


==Disputed rape cases==


===The partition of India=== ===Potential abuse concerns===
In April 2013, Judge Virender Bhat suggested that relying upon the sole attestation of the victim became "an easy weapon" to incriminate anyone in rape case.<ref>{{cite news | last = Mathur | first = Aneesha | title = Men falsely accused of rape should be rehabilitated | url = http://www.indianexpress.com/news/-men-falsely-accused-of-rape-should-be-rehabilitated-/1100590/#sthash.XS37YArh.dpufIn | work = ] | date = 11 April 2013 | access-date = 29 May 2013 }}</ref> Justice Kailash Ghambhir of the ] stated that penal provisions for rape are often being misused by women as a "weapon for vengeance and vendetta" to harass and blackmail their male friends by filing false cases to extort money and to force them to get married.<ref>{{cite news|title=Women sometime file rape cases as weapon for vengeance:High Court|url=http://newindianexpress.com/nation/Women-sometime-file-rape-cases-as-weapon-for-vengeance-HC/2013/05/25/article1605616.ece|archive-url=https://web.archive.org/web/20140111034216/http://www.newindianexpress.com/nation/Women-sometime-file-rape-cases-as-weapon-for-vengeance-HC/2013/05/25/article1605616.ece|url-status=dead|archive-date=11 January 2014|publisher=newindianepress.com|date=25 May 2013|access-date=29 May 2013}}</ref> ''Saamna'', the mouthpiece of the ] in an editorial noted while supporting the Deputy Inspector General Of Police in Mumbai in an alleged rape complaint that it has become "a fashion to create sensation by charging someone for rape and molestation"<ref>{{cite news | last= Jaleel | first = Imtiaz | editor-last= Das | editor-first = Mala |title=Shiv Sena backs senior cop, says making rape charges is now 'fashion' | url = http://www.ndtv.com/article/cities/shiv-sena-backs-senior-cop-says-making-rape-charges-is-now-fashion-569694|work=]|date=3 August 2014}}</ref> while Shonee Kapoor, founder of Sahodar Men's Right Group, demanded that the name of the accused should not be made public till conviction.<ref>{{cite news | last = ABP Live|title= ABP News debate: Is Shiv Sena trying to protect rape accused? |url=http://www.abplive.in/others/abp-news-debate-is-shiv-sena-trying-to-protect-rape-accused-178003|work=]|date=3 August 2014}}</ref> Retired Supreme Court Justice B.N. Srikrishna also argued to keep the accused anonymous. Citing the low conviction rate in rape cases, he said, "There is no doubt that rape laws are being misused in the country."<ref name="The Hindu 2022 z210">{{cite web |date=April 23, 2022 |title=Rape laws are being misused today: B.N. Srikrishna |url=https://www.thehindu.com/news/cities/mumbai/rape-laws-are-being-misused-today-bn-srikrishna/article65348974.ece |access-date=August 27, 2023 |website=The Hindu}}</ref>
{{main|Rape during the partition of India}}
During the ], some 100,000 women claimed to have been kidnapped and raped.<ref name=Butalia>{{cite book|last=Butalia|first=Urvashi|title=Writings on Human Rights, Law and Society in India: A Combat Law Anthology|publisher=Human Rights Law Network|isbn=81-89479-78-4|editor=Harsh Dobhal|page=598}}</ref><ref name="Žarkov">{{cite book|last=Žarkov|first=Dubravka|title=The Body of War: Media, Ethnicity, and Gender in the Break-Up of Yugoslavia|year=2007|publisher=Duke University Press|isbn=978-0822339663|page=172}}</ref>


In 2014, as per a report submitted by the Delhi Commission for women, 53% of reported rapes in 2012–13 were found to be 'false'. This report considered the cases that were dropped before going to trial as false, and failed to differentiate between the cases dropped due to coercion and cases where it was clear that women were lying.<ref name=":0">{{Cite news|url=https://www.bbc.com/news/magazine-38796457 | title = Does India have a problem with false rape claims?|author=Jolly Joanna|date=8 February 2017|work=]|access-date=26 September 2017|language = en-GB}}</ref>
==Legal position==
Indian law was expanded in 2013 to consider rape as any acts like penetration by ], or any object or any part of body to any extent, into the ], ], ] or anus of a woman or any person or making her to do so with another person or applying of mouth to sexual organs without the consent or will of the woman constitutes the offence of rape.<ref name="ReferenceA">Section 376A, Criminal Law (Amendment) Act, 2013</ref>


According to an investigation by '']'', which only considered the cases that went to full trial, out of 460 such cases in Delhi district courts in 2013, only 2% (12) were found to have been committed by strangers. 41% (189) of these cases were filed by parents to criminalize and end consented sexual relationships, 24% (109) were filed under 'breach of promise to marry' and 30% (141) were found to be committed by acquaintances and relatives.<ref name="auto1"/> In January 2019, the Supreme Court ruled that men who have consensual sex with a woman, and later decline to marry her for any reason, cannot be charged with rape.<ref name="Dhillon 2019 r403">{{cite web |last=Dhillon |first=Amrit |date=February 11, 2019 |title='Spare innocent men anguish': India ruling aims to end false rape claims |url=http://www.theguardian.com/global-development/2019/feb/11/spare-innocent-men-anguish-india-ruling-aims-to-end-false-claims |access-date=August 27, 2023 |website=the Guardian}}</ref>
The section has also clarified that penetration means "penetration to any extent", and lack of physical resistance is immaterial for constituting an offence. Except in certain aggravated situation the punishment will be imprisonment not less than seven years but which may extend to imprisonment for life, and shall also be liable to fine. In aggravated situations, punishment will be rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.<ref name="ReferenceA"/>


===Notable cases===
A new section, 376A has been added which states that if a person committing the offence of sexual assault, "inflicts an injury which causes the death of the person or causes the person to be in a ], shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean the remainder of that person’s natural life, or with death."<ref name="ReferenceA"/> In the case of "]", persons involved regardless of their gender shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life and shall pay compensation to the victim which shall be reasonable to meet the medical expenses and rehabilitation of the victim. Newly introduced ] stipulated that the compensation payable to the victim as per the ] shall be in addition to the


In 1991, the ] are alleged to have entered the village of ] and raped between 30 and 100 women aged between 13 and 70.<ref name=HRW>{{citation | last = HRW |author-link = Human Rights Watch | contribution = India | editor-last = HRW | editor-link = Human Rights Watch | title = Abdication of responsibility: the Commonwealth and human rights | page = 14 | publisher = ] | location = New York | date = October 1991 | isbn = 9781564320476 | url = https://www.hrw.org/reports/pdfs/g/general/general291o.pdf | postscript = .}}</ref><ref name=Chatterji>{{citation | last = Chatterji | first = Angana P. | contribution = Witnessing as feminist intervention | editor-last1 = Loomba | editor-first1 = Ania | editor-last2 = Lukrose | editor-first2 = Ritty A. | title = South Asian feminisms: contemporary interventions | page = | publisher = Duke University Press | location = Durham | year = 2012 | isbn = 9780822351795 | postscript = . | url = https://archive.org/details/southasianfemini00unse/page/194 }} </ref> The Indian government carried out three inquiries into the allegations and concluded that it had been a hoax.<ref>{{citation | last = Press Council of India | author-link = Press Council of India | contribution = Foreword | editor-last = Press Council of India | editor-link = Press Council of India | title = Crisis and credibility: report of the Press Council of India, January and July 1991 |pages=10–13 | publisher = Lancer International | location = New Delhi | year = 1991 | isbn = 9788170621522 | postscript = .}} </ref>
Certain changes has been introduced in the ] and ], like the recording of statement of the victim has been made more friendly and easy, character of the victim is irrelevant for consideration, presumption of no consent where sexual intercourse is proved and the victim states in the court that there has been no consent. The ] in India has been increased to 18 years, which means any sexual activity irrespective of presence of consent with a woman below the age of 18 will constitute ]. Although, the decision of death penalty for the most extreme rape cases was approved by the Indian parliament.


In May 2014 ], though later investigations have alleged suicide as the cause of death in this instance. Two police officers were suspected of involvement in the crimes.<ref name="TeenagersHanged">{{cite news |last=Staff writer |date=31 May 2014 |title=Perceived government inaction over rape and murder of two teenage girls sparks public anger |url=http://www.indiasnews.net/index.php/sid/222467201/scat/701ee96610c884a6/ht/Perceived-government-inaction-over-rape-and-murder-of-two-teenage-girls-sparks-public-anger |url-status=dead |archive-url=https://web.archive.org/web/20140531164140/http://www.indiasnews.net/index.php/sid/222467201/scat/701ee96610c884a6/ht/Perceived-government-inaction-over-rape-and-murder-of-two-teenage-girls-sparks-public-anger |archive-date=31 May 2014 |access-date=31 May 2014 |work=India'sNews.Net}}</ref>{{Better source needed|reason=The current source is insufficiently reliable (]).|date=August 2024}}
] lays down certain provisions for medical examination of the accused. ] deals with the medical examination of the victim.


==Tourist advisories==
The amendment has made it mandatory for all government and privately run hospitals in India to give free first aid and medical treatment to victims of sexual abuse covered under Sections 326A, 376, 376A, 376B, 376C, 376D or 376E of the Indian Penal Code.
Rapes of foreigners have led several countries to issue travel advisories that "women travellers should exercise caution when travelling in India even if they are travelling in a group; avoid hailing taxis from streets or using public transport at night, and to respect local dress codes and customs and avoid isolated areas".<ref>See:
* {{cite web|url=https://www.gov.uk/foreign-travel-advice/india/safety-and-security|title=India travel advice|website=]|publisher=]|access-date=17 March 2015}}
* {{cite web | title = Travel advice and advisories for India | url = http://travel.gc.ca/destinations/india | website = travel.gc.ca | publisher = ] | date = 2014 }}
* {{cite web | title = U.S. Passports & International Travel: India | url = https://travel.state.gov/content/passports/english/country/india.html | website = travel.state.gov | publisher = ] | access-date = 28 June 2017 | archive-url = https://web.archive.org/web/20150905120345/http://travel.state.gov/content/passports/english/country/india.html | archive-date = 5 September 2015 | url-status = dead }}</ref>


In March 2013, a Swiss couple who were cycling from ] to ], decided to camp for a night in a village in ]. There they were physically assaulted by eight locals, robbed, the man was overpowered and tied up, while the 39-year-old woman was gang-raped in front of her husband at the village.<ref>{{cite news | last = Staff writer | title = Swiss woman 'gang-raped' in central India | url = https://www.bbc.co.uk/news/world-asia-india-21812849 | work = ] | location = London | date = 16 March 2013 | access-date = 16 March 2013}}</ref><ref>{{cite news| last = Udas | first = Sumnima | title = Police: Swiss tourist gang-raped in India | url = http://edition.cnn.com/2013/03/16/world/asia/india-tourist-gangrape/ | work = ] | location = United States | access-date = 17 March 2013 | date = 17 March 2013}}</ref> The Swiss government issued a travel advisory in 2013 about the "increasing numbers of rapes and other sexual offences" happening in India.<ref>{{cite news | last = The Associated Press | author-link = Associated Press | title = 6 charged with gang rape in India after Swiss attacked | url = http://www.cbc.ca/news/world/6-charged-with-gang-rape-in-india-after-swiss-attacked-1.1365501 | work = ] | location = Canada |date=18 May 2013 |access-date=23 March 2014}}</ref>
===Convictions===


The news coverage of the rapes and updated travel advisories have worried Indian tourism industry.<ref>{{cite news | last = Pearson | first = Natalie Obiko |title=India's message to women: come visit, we'll become safer | url = https://www.bloomberg.com/news/articles/2015-01-22/india-s-message-to-women-come-visit-we-re-serious-about-safety | work = ] |date=22 January 2015 | access-date=17 March 2015}}</ref><ref>{{cite news | last1 = Kazmin | first1 = Amy | last2 = Singh | first2 = Jyotsna | last3 = Inagaki | first3 = Kana | title = Latest rape case adds to fears for Indian tourism industry |url= https://www.ft.com/content/be36ee2e-94d2-11e4-8341-00144feabdc0 |work=] | date = 5 January 2015 |access-date=17 March 2015}}</ref> Some media reports stated that high-profile rape cases had led to tourist numbers to drop 20 to 30 per cent compared to previous year. The ] agency found that of 1200 businesses surveyed more than 70% reported cancellations by female tourists from Britain, the U.S. and Canada along with a 25% decline overall.<ref name="telegraph_31march2013">{{cite news| last = Nelson | first = Dean | title = Female tourists shun India after rape attack | url = https://www.telegraph.co.uk/news/worldnews/asia/india/9963608/Female-tourists-shun-India-after-rape-attack.html | work = ] | date = 31 March 2013 | access-date = 30 October 2016}}</ref> However, tourist arrivals in India increased from 6.5&nbsp;million arrivals in 2012 to 6.8&nbsp;million arrivals in 2013.<ref>{{citation | last = UNWTO | author-link = World Tourism Organization | contribution = Regional results: Asia and the Pacific - fourth consecutive year of robust growth | editor-last = UNWTO | editor-link = World Tourism Organization | title = UNWTO Tourism highlights 2014 edition | page = 9 | publisher = ] | location = Madrid | year = 2014 | isbn = 9789284416226 | postscript = .| doi = 10.18111/9789284416226 | doi-access = free }}</ref> Tourist arrivals in 2014 observed another 10% increase over 2013 levels.<ref>{{cite news | last = Staff writer |url=http://timesofindia.indiatimes.com/india/India-logs-10-rise-in-foreign-tourist-arrivals/articleshow/45529904.cms |title=India logs 10% rise in foreign tourist arrivals | work=] |date=6 December 2014 |access-date=26 March 2015}}</ref>
The conviction rates for Rape cases in India were 44.3 percent in 1973, 37.7 percent in 1983, 26.9 percent in 2009, 26.6 percent in 2010 and 26.4 percent in 2011.<ref> Firstpost.com (Sept 10, 2013)</ref>


In January 2015, the Tourism Ministry of India introduced ] for female tourists.<ref>{{cite news|url=https://www.telegraph.co.uk/travel/destinations/asia/india/11327948/India-tourism-fears-after-latest-rape.html |archive-url=https://ghostarchive.org/archive/20220112/https://www.telegraph.co.uk/travel/destinations/asia/india/11327948/India-tourism-fears-after-latest-rape.html |archive-date=12 January 2022 |url-access=subscription |url-status=live|title=India tourism fears after latest rape|work=]|access-date=17 March 2015|location=London|first=Natalie|last=Paris|date=6 January 2015}}{{cbignore}}</ref> The Indian government announced in April 2015, that tourists are now being given a "welcome card" by the immigration officer on arrival with resources to ensure their safety, that GPS-embedded tracking system are being introduced in all taxis, and tourist helplines in 12 foreign languages have been instituted.<ref>{{cite news | last = Mail Today Bureau | title = Indian tourism on a mission mode to work on many aspects to boost influx of tourists | url = http://indiatoday.intoday.in/story/mail-today-tourism-summit-indian-tourism-boost-mahesh-sharma/1/430615.html | work = ] | date = 17 April 2015 }}</ref>
===Marital Rape===
] is not a criminal offense within Indian legal framework,<ref name="autogenerated3">{{cite web|url=http://www.ndtv.com/article/india/marital-rape-not-criminal-offence-mps-committee-backs-govt-337053 |title=Marital rape not criminal offence: MPs committee backs govt |publisher=NDTV.com |date=2013-03-01 |accessdate=2013-04-16}}</ref> except during the period of ] of the partners. In the 1980s, women's rights groups lobbied for ] to be declared unlawful, as until 1983, the criminal law (amendment) act stated that "sexual intercourse by a man with his own wife, the wife not being under fifteen years of age is not rape".<ref name=BBC>{{cite news|url=http://www.telegraph.co.uk/news/worldnews/asia/india/9930838/Men-can-still-rape-their-wives-in-India-after-new-Government-bill.html|title=Men can still rape their wives in India after new Government bill |date=14 March 2013|accessdate=18 July 2013|location=London|work=The Daily Telegraph|first=Dean|last=Nelson}}</ref><ref name=Kinnear>{{cite book|last=Kinnear|first=Karen L.|title=Women in Developing Countries: A Reference Handbook|year=2011|publisher=ABC-CLIO|isbn=1598844261|pages=26–27}}</ref> The government officials argued that the contract of marriage presumes consent to sex and that criminalising marital rape in turn would weaken family values in India.<ref name="autogenerated3"/>


In a non-tourism related case, Russia issued travel advisory to its citizens after a Russian national was raped in December 2009.<ref name="Buncombe">{{cite news|last=Buncombe|first=Andrew|title=Goa MP says rape after midnight 'not a crime'|url=https://www.independent.co.uk/news/world/asia/goa-mp-says-rape-after-midnight-not-a-crime-1843100.html| work =] |location=London|date=17 December 2009}}</ref> The case was widely covered after a member of Indian parliament ] blamed the victim and the media for over emphasising the Russian rape case after, "she was raped by a state politician in his car after they had dinner together".<ref name="goa">{{cite news | last = PTI | author-link = Press Trust of India |url=http://www.dnaindia.com/india/report_goa-mp-shantaram-naik-says-some-women-invite-rape_1324134 |title=Goa MP Shantaram Naik says some women invite rape | work = ] |date=15 December 2009 |access-date=24 December 2012}}</ref> Naik was criticised by leaders of Indian political parties such as CPI-M, BJP and SP for blaming the rape victim and media.<ref name="goa"/>
The Section 375 of the ] (IPC) considers the forced sex in marriages as a crime only when the wife is below 15. Thus, marital rape is not a criminal offense under IPC.<ref>{{cite news | url = http://articles.timesofindia.indiatimes.com/2012-12-04/delhi/35593911_1_civil-case-delhi-court-marital-violence | title = Criminal recognition to marital rape in India is long overdue | newspaper = The Times of India | date = 2012-12-04 | accessdate = 2012-12-28 }}</ref> The marital rape victims have to take recourse to the ] (PWDVA).<ref>{{cite news | url = http://www.indianexpress.com/news/an-offence-of-course/737675/0 | title = An offence, of course | newspaper = Indian Express | date = 2011-01-15 | accessdate = 2012-12-28 }}</ref> The PWDVA, which came into force in 2006, outlaws marital rape.<ref>{{cite news | url = http://www.telegraph.co.uk/news/worldnews/1532567/India-outlaws-wife-beating-and-marital-rape.html | title = India outlaws wife-beating and marital rape | author = Peter Foster | newspaper = The Telegraph | date = 2006-10-27 | accessdate = 2012-12-28 }}</ref> However, it offers only a ] remedy for the offence.<ref name="Kalpana Sharma">{{cite web | url = http://tehelka.com/contradictions-and-confusion-cloud-rape-laws-the-result-is-miscarriage-of-justice/ | title = Contradictions and confusion cloud rape laws. The result is miscarriage of justice | author = Kalpana Sharma | publisher = Tehelka | date = 2010-11-10 | accessdate = 2012-12-28 }}</ref>


==Legal response==
The ] (PWDVA) which came into force in 2006, provides protection against marital rape or other forms of sexual perversions and domestic violence.<ref>{{cite news | url = http://www.telegraph.co.uk/news/worldnews/1532567/India-outlaws-wife-beating-and-marital-rape.html | title = India outlaws wife-beating and marital rape | author = Peter Foster | newspaper = The Telegraph | date = 2006-10-27 | accessdate = 2012-12-28 | location=London}}</ref> However, it offers only a ] remedy for the offence.<ref name="Kalpana Sharma"/>


The Indian law prior to the Nirbhaya Incident took into account only acts of penile-vaginal intercourse within the definition of rape and forcible acts of penetration of vagina, mouth, urethra or anus through penis or an inanimate object did not fall within the definition of rape. Many rapists were not prosecuted because there was no law to punish such acts.<ref name="Mehta" /> The definition was expanded in 2013 to consider rape as any acts like penetration by ], or any object or any part of body to any extent, into the ], ], ] or anus of a woman or making her to do so with another person or applying of mouth to sexual organs without the consent or will of the woman constitutes the offence of rape.<ref name="ReferenceA">{{cite news | title = Section 376A, The Criminal Law (Amendment) Act, 2013 | url = http://indiacode.nic.in/acts-in-pdf/132013.pdf | archive-url = https://web.archive.org/web/20131107103627/http://indiacode.nic.in/acts-in-pdf/132013.pdf | url-status = dead | archive-date = 2013-11-07 | work = ] | publisher = Government of India | date = 2013 }}</ref>
===Potential abuse concerns===
In April 2013, Additional Sessions Judge Virender Bhat noted that the legal principle of reliance on the sole testimony of the victim had become "an easy weapon" to implicate anyone in a case of rape.<ref> '']''. Retrieved 29 May 2013.</ref> Justice Kailash Ghambhir of the ] stated that penal provisions for rape are often being misused by women as a "weapon for vengeance and vendetta" to harass and blackmail their male friends by filing false cases to extort money and to force them get married.<ref> '']''. Retrieved 29 May 2013.</ref>
Saamna, mouthpiece of ] in an editorial noted while supporting the Deputy Inspector General Of Police in Mumbai in an alleged rape complaint that it has become "a fashion to create sensation by charging someone for rape and molestation"<ref>{{cite news | author=Imtiaz Jaleel | editor=Mala Das |title=Shiv Sena Backs Senior Cop, Says Making Rape Charges is Now 'Fashion'|url=http://www.ndtv.com/article/cities/shiv-sena-backs-senior-cop-says-making-rape-charges-is-now-fashion-569694|publisher=NDTV|date=3 August 2014}}</ref> while Shonee Kapoor, founder of Sahodar Men's Right Group, demanded that the name of the accused should not be made public till conviction.<ref>{{cite news|title=Rape accused not to be made public|url=http://www.abplive.in/incoming/2014/08/02/article373964.ece/ABP-News-debate-Is-Shiv-Sena-trying-to-protect-rape-accused#.U932qfmSxyw|publisher=ABP News|date=3 August 2014}}</ref>


The section has also clarified that penetration means "penetration to any extent", and lack of physical resistance is immaterial for constituting an offence. Except in certain aggravated situations, the punishment will be imprisonment not less than seven years but which may extend to imprisonment for life, and shall also be liable to fine. In aggravated situations, punishment will be rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.<ref name="ReferenceA"/>
==See also==
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Section 53A of the Code of Criminal Procedure of the Indian law lays down certain provisions for medical examination of the accused.<ref>{{Cite web|url=https://indiankanoon.org/doc/633996/|title=Section 53 in The Code Of Criminal Procedure, 1973|website=indiankanoon.org|access-date=2017-10-27}}</ref> Section 164A of the Code of Criminal Procedure deals with the medical examination of the victim.<ref>{{Cite web|url=http://mha.nic.in/sites/upload_files/mha/files/pdf/TheCCP(Amendment)Act,2005.pdf|archive-url=https://web.archive.org/web/20171027180631/http://mha.nic.in/sites/upload_files/mha/files/pdf/TheCCP(Amendment)Act,2005.pdf|url-status=dead|archive-date=2017-10-27|title=The Code of Criminal Procedure (Amendment) Act, 2005|last=Viswanathan|first=T.K.|website=mha.nic.in}}</ref>
'''General:'''
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The revised statutes of 2013 Indian law, in section 376A, mandate minimum punishment in certain cases. For instance, if the sexual assault inflicts an injury which causes death or causes the victim to be in a ], then the convicted rapist must be sentenced to rigorous imprisonment of at least twenty years and up to the remainder of the natural life or with a death penalty."<ref name="ReferenceA"/><ref name="rcj2013" /> In the case of "]", the same mandatory sentencing is now required by law.<ref name=rcj2013/> The convicted is also required to pay compensation to the victim which shall be reasonable to meet the medical expenses and rehabilitation of the victim, and per Section 357 B in the Code of Criminal Procedure. ] for the most extreme rape cases is specified.<ref name=rcj2013/>
'''Regional:'''
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The 2013 law also increased the age of consent from 16 years to 18 years, and any sexual activity with anyone younger than age of 18, irrespective of consent, now constitutes statutory rape.<ref name=rcj2013/>
==References==
{{reflist|2}}


The new law has made it mandatory for all government and privately run hospitals in India to give free first aid and medical treatment to victims of rape.<ref>{{cite news | last = Roy | first = Rajesh | title = India parliament clears tough rape law | url = https://www.wsj.com/articles/SB10001424127887324103504578373991905281104 | work = ] | date = 21 March 2013}}</ref>
http://infochangeindia.org/women/books-a-reports/the-two-finger-test.html

As well, in May 2013, the Supreme Court of India held that the ] on a rape victim violates her right to privacy, and asked the ] government to provide better medical procedures to confirm sexual assault.<ref>{{cite news|author=PTI |url=http://www.thehindu.com/news/national/no-twofinger-test-for-rape-sc/article4729774.ece |title=No two-finger test for rape: SC |newspaper=The Hindu |date=2013-05-19 |access-date=2013-10-18}}</ref><ref>{{cite news|url=http://articles.timesofindia.indiatimes.com/2013-05-20/india/39392396_1_finger-test-sexual-violence-human-rights-watch |archive-url=https://web.archive.org/web/20130608221408/http://articles.timesofindia.indiatimes.com/2013-05-20/india/39392396_1_finger-test-sexual-violence-human-rights-watch |url-status=dead |archive-date=2013-06-08 |title=Two-finger test should be stopped with immediate effect: SC |date=2013-05-20 |work=] |access-date=2013-10-18}}</ref>

On 3 November 2015 the Allahabad High Court observed that a child born out of rape will have inheritance rights over the property of the assaulter and will be treated as illegitimate.<ref>{{cite news | last = PTI | author-link = Press Trust of India | title = Child born out of rape has right over assaulter's property: High Court | url = http://www.hindustantimes.com/india/child-born-out-of-rape-has-right-over-assaulter-s-property-high-court/story-KqYOWg5tM1tjtqD19VBGfN.html | work =]|date= 3 November 2015}}</ref> However, if the child is taken for adoption then he/she will not have any rights on the property of the biological father.<ref>{{cite news | last = PTI | author-link = Press Trust of India |url= http://www.dnaindia.com/india/report-child-born-out-of-rape-has-right-on-assaulter-s-property-allahabad-hc-2141971 |title=Child born out of rape has right on assaulter's property: Allahabad HC | work =]|date= 3 November 2015}}</ref><ref>{{cite web |url= http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=4385424 |title=Writ Petition No.8210 (M/B) of 2015 "A" through her Father "F" Versus State Of U.P. Thru Prin. Secy., Med. & Health Ser. & Ors | work =]|date= 3 November 2015}}</ref>

===National Database on Sexual Offenders (NDSO)===
The government, on 20 September 2018, launched the National Database on Sexual Offenders (NDSO). The database contains entries of offenders convicted under charges of rape, gang rape, POCSO and ]. The portal as of now contains 440,000 entries of cases that have been reported since 2008. It's managed by the National Crime Records Bureau. The database is accessible only to the law enforcement agencies for investigation and monitoring purposes.<ref>{{cite news |title=Sex offenders' registry launched with 4.4 lakh entries |url=https://www.thehindu.com/news/national/sex-offenders-registry-launched-with-44-lakh-entries/article24999478.ece?homepage=true |access-date=20 September 2018 |newspaper=The Hindu}}</ref>

===Fast track courts===
As a result of the ], the Indian government implemented a fast-track court system to rapidly prosecute rape cases.<ref name=wsj25>{{cite news | last1 = Sharma | first1 = Amol | last2 = Agarwal | first2 = Vibhuti | title = India rape case tests fast-track courts | url = https://www.wsj.com/articles/SB10001424127887323854904578261551780617048 | work = ] | date = 25 January 2013}}</ref> The fast-track court system has been welcomed by some, but its fairness has been questioned by legal experts and scholars.<ref name=wsj25/> The legal scholars state that the fast-track courts may not be fair in an impoverished country where millions of cases are backlogged, and there are an average of just 14 judges per million people&nbsp;– among the lowest in a United Nations study of 65 nations.<ref name=nyt24/> Fast track courts divert limited judicial resources and add delays to prosecution of other crimes.<ref name=wsj25/><ref name=nyt24>{{cite news | last = Timmons | first = Heather | title = Rape Trial challenges a jam in India's justice system | url = https://www.nytimes.com/2013/01/24/world/asia/gang-rape-trial-tests-indias-justice-system.html | work = ] | date = 24 January 2013 }}</ref> They noted that Delhi state had instituted five fast-track courts in 2013 to handle rape cases, but there were no fast-track courts for murder.<ref name=wsj25/> Mrinal Satish, of New Delhi's National Law University said, "there is a risk that in this emotional response and clamour for immediate justice, we could end up putting innocent people in prison".<ref name=wsj25/>

===Marital rape===
] is not a criminal offence within Indian legal framework,<ref name=Kadyan2023>{{cite journal |last1=Kadyan |first1=Sneha |last2=Unnithan |first2=N. Prabha |title=The Continuing Non-Criminalization of Marital Rape in India: A Critical Analysis |journal=Women & Criminal Justice |date=7 July 2023 |pages=1–14 |doi=10.1080/08974454.2023.2228790 |url=https://www.tandfonline.com/doi/abs/10.1080/08974454.2023.2228790 |language=en |issn=0897-4454|url-access=subscription}}</ref> except during the period of ] of the partners. The marital rape exception, that is exception 2 of section 375 of the ], states that sexual intercourse by a man with his own wife, the wife not being under 18 years of age, is not rape. In the 1980s, women's rights groups lobbied for&nbsp;]&nbsp;to be declared unlawful.<ref name="BBC">{{cite news|last=Nelson|first=Dean|title=Men can still rape their wives in India after new Government bill|url=https://www.telegraph.co.uk/news/worldnews/asia/india/9930838/Men-can-still-rape-their-wives-in-India-after-new-Government-bill.html |archive-url=https://ghostarchive.org/archive/20220112/https://www.telegraph.co.uk/news/worldnews/asia/india/9930838/Men-can-still-rape-their-wives-in-India-after-new-Government-bill.html |archive-date=12 January 2022 |url-access=subscription |url-status=live|work=] |location=London |date=14 March 2013|access-date=18 July 2013}}{{cbignore}}</ref><ref name="Kinnear">{{citation | last = Kinnear | first = Karen L. | contribution = Background and history | editor-last = Kinnear | editor-first = Karen L. | title = Women in developing countries: a reference handbook | pages = 26–27 | publisher = ABC-CLIO | location = Santa Barbara, California | year = 2011 | isbn = 9781598844269 | postscript = .}} </ref>&nbsp;Government officials argued that the contract of marriage presupposes consent to sex and that criminalising marital rape in turn would degrade family values in India.<ref name="autogenerated3">{{cite news | last = Chaturvedi | first = Amit | title = Marital rape not criminal offence: MPs committee backs govt | url = http://www.ndtv.com/article/india/marital-rape-not-criminal-offence-mps-committee-backs-govt-337053 | work = ] |date=1 March 2013 |access-date=16 April 2013}}</ref> Forced sex by husbands upon wives does have legal consequences in Indian matrimonial law, in that it can be treated as a matrimonial fault, resulting in dissolution of the marriage.<ref name=":1">{{Cite journal|last=Mandal|first=Saptarshi|date=2014|title=The Impossibility of Marital Rape: Contestations around Marriage, Sex, Violence and the Law in Contemporary India|journal=Australian Feminist Studies|doi=10.1080/08164649.2014.958124|s2cid=141826626|via=Taylor and Francis}}</ref> All religious personal laws and the secular law governing marriage and divorce in India deem ‘cruelty’ by one spouse to the other to be a ground for divorce.<ref name=":1" /> The originally enacted ] provided that in order to constitute a cause for divorce, an act of cruelty should be such that it ‘produces a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party.’<ref name=":1" /> Marital rape also amounts to ‘sexual abuse’ under the law regarding domestic violence enacted in 2005, under which aggrieved wives or female live-in partners can claim civil remedies, like injunction against violence, dispossession from home or direction to the husband/partner to pay maintenance.<ref name=":1" /> The law kicks in to regulate sexual violence in marriage only in cases when it is accompanied by extreme physical violence or when the health and safety of the wife is endangered, as in the case of minor wives.<ref name=":1" />

This exception has restricted application when the wife has been living separately from the husband, with or without a decree of judicial separation. In such cases, the husband can be prosecuted for rape. If convicted, the minimum punishment is imprisonment for two years and imposition of a fine (Section 376B, IPC).<ref name=":1" /> This clause was ratified in the year 1983, a period of great upheaval in the history of rape law reform in India, when major changes were made for the first time since enactment of rape laws by the colonial state in 1860.<ref name=":1" /> The parliamentary committee that gave final shape to the 1983 amendments was disinclined to treating non-consensual sex between a separated couple as amounting to rape, on the grounds that a rape charge would heighten the possibilities of divorce by making reconciliation that much harder for the couple. Hence, the minimum sentence stipulated for this category of rape was set much lower than usual.<ref name=":1" />

Until 2017, there was a discrepancy between two sub clauses of Section 375. Exception 2 stated that "sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape."<ref>{{Cite web|url=https://indiankanoon.org/doc/623254/|title=Section 375 in The Indian Penal Code|website=indiankanoon.org|access-date=2017-11-03}}</ref> However, the same provision stated that a man is said to commit rape if he has sexual relations with a woman with or without her consent, when she is under 18 years of age.<ref name="auto">{{Cite news|url=http://www.firstpost.com/india/sc-says-marital-rape-cant-be-considered-criminal-tradition-doesnt-justify-assault-child-marriage-3917749.html|title=SC says marital rape can't be considered criminal: Tradition doesn't justify assault, child marriage|date=2017-10-11|work=Firstpost|access-date=2017-11-03|language=en-US}}</ref> Independent Thought, a non-governmental organisation, in a petition in 2013, had challenged Exception 2.<ref name="auto"/> In a landmark ruling on 11 October 2017, the supreme court upheld the age of consent as 18 years.<ref>{{Cite news|url=http://www.thenewsminute.com/article/sc-says-sex-child-bride-rape-remember-centre-put-marriage-above-child-rights-69826|title=SC says sex with child bride is rape, remember the Centre put marriage above child rights|date=2017-10-11|work=The News Minute|access-date=2017-11-03}}</ref> The court held that the distinction made between a married girl child and an unmarried girl child was illogical and ran against the provisions of the ]. Such a distinction also violated a child's right to liberty and dignity under Article 21 of the Constitution. Two other significant statutes undermined by the original IPC section were the ] and the Juvenile Justice Act, both of which define a child as someone below the age of 18.<ref>{{Cite news|url=https://scroll.in/article/853796/child-marital-rape-is-now-illegal-it-is-time-to-criminalise-adult-marital-rape-too|title=Child marital rape is now illegal. It is time to criminalise adult marital rape too|last=Yamunan|first=Sruthisagar|work=Scroll.in|access-date=2017-11-03|language=en-US}}</ref>

===Education programmes===
In February 2017, the ] unveiled resource material relating to health issues to be used as a part of a nationwide adolescent peer-education plan called ''Saathiya''. Among other subjects, the material discusses relationships and consent. The material states, "Yes, adolescents frequently fall in love. They can feel attraction for a friend or any individual of the same or opposite sex. It is normal to have special feelings for someone. It is important for adolescents to understand that such relationships are based on mutual consent, trust, transparency and respect. It is alright to talk about such feelings to the person for whom you have them but always in a respectful manner. ... Boys should understand that when a girl says 'no' it means no."<ref>{{cite news|last = Ghosh| first = Abantika | title = Same-sex attraction is OK, boys can cry, girl's no means no|url=http://indianexpress.com/article/india/same-sex-attraction-is-ok-boys-can-cry-girls-no-means-no-health-ministry-sex-education-4535410/|work=]|access-date=21 February 2017|date=21 February 2017}}</ref><ref>{{cite news | last = FE Online |title=Homosexual attraction is OK; 'NO' means no: Health Ministry rises above Indian stereotypes|url=http://www.financialexpress.com/jobs/homosexual-attraction-is-ok-no-means-no-health-ministry-rises-above-indian-stereotypes/560227/|work=]|access-date=21 February 2017|date=21 February 2017}}</ref>

==See also==
* ]
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==References==
=== Notes ===
{{Reflist|group=lower-alpha}}
=== Citations ===
{{Reflist}}


==Further reading== ==Further reading==
{{commons category}} {{commons category}}
*{{cite news|title=The rapes that India forgot|url=http://www.bbc.co.uk/news/world-asia-india-20907755|newspaper=BBC|date=5 January 2013}} * {{cite news|title=The rapes that India forgot|url=https://www.bbc.co.uk/news/world-asia-india-20907755|newspaper=BBC|date=5 January 2013}}
*{{cite web|last=Vutz|first=Cornelia|title=The situation of women and gender-specific violence in India|url=http://www.europarl.europa.eu/RegData/bibliotheque/briefing/2013/130433/LDM_BRI(2013)130433_REV1_EN.pdf|work=Library Briefing|publisher=Library of the European Parliament|accessdate=7 March 2013}} * {{cite web|last=Vutz|first=Cornelia|title=The situation of women and gender-specific violence in India|url=http://www.europarl.europa.eu/RegData/bibliotheque/briefing/2013/130433/LDM_BRI(2013)130433_REV1_EN.pdf|work=Library Briefing|publisher=Library of the European Parliament|access-date=7 March 2013}}
* {{Cite book|last=Kumar, Raj|first=Dalal, Manish|url=http://worldcat.org/oclc/1226124911|title=Marital rape : the Indian and global perspective|year=2021|publisher=Shandilya Publications |isbn=978-93-88147-40-8|oclc=1226124911}}
* ''Reuters''. 6 December 2014

==External links==
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Sexual violence in India

Rape
Types
Effects and motivations
By country
During conflicts
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Rape is the fourth most common crime against women in India. According to the 2021 annual report of the National Crime Records Bureau (NCRB), 31,677 rape cases were registered across the country, or an average of 86 cases daily, a rise from 2020 with 28,046 cases, while in 2019, 32,033 cases were registered. Of the total 31,677 rape cases, 28,147 (nearly 89%) of the rapes were committed by persons known to the victim. The share of victims who were minors or below 18 – the legal age of consent – stood at 10%.

India has been characterised as one of the "countries with the lowest per capita rates of rape". The government also classifies consensual sex committed on the false promise of marriage as rape. The willingness to report rapes may have increased in recent years, after several incidents received widespread media attention and triggered local and nationwide public protests. This led the government to reform its penal code for crimes of rape and sexual assault.

According to NCRB 2021 statistics, Rajasthan reported the highest number of rapes among Indian states, followed by Madhya Pradesh and Uttar Pradesh. Among metropolitan cities, the national capital of Delhi continued to have the highest incidence of rape at 1,226 cases in 2021, while Jaipur had the highest rape rate (34 per 100,000 population). Kolkata had the least number of registered rape cases among metropolitan cities, with the lowest rape rate.

Definition in Indian Penal Code

Annual rape and all forms of sexual assaults per 100,000 people, for India compared to select nations

Before 3 February 2013, Section 375 of the Indian Penal Code defined rape as:

§375. Rape. A man is said to commit "rape" who, except case hereinafter excepted, has sexual intercourse with a woman in circumstances falling under any of the six following descriptions:––

Firstly. –– Against her will.

Secondly. –– Without her consent.

Thirdly. –– With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.

Fourthly. –– With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

Fifthly. –– With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

Sixthly. –– With or without her consent, when she is under sixteen years of age.

Explanation. –– Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

Exception. –– Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.

The above definition excluded marital rape, same sex crimes and considered all sex with a minor below the age of sixteen as rape.

After 3 February 2013, the definition was revised through the Criminal Law (Amendment) Act 2013, which also raised the legal age of minors to eighteen.

§375. A man is said to commit "rape" if he:–– (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or (b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or (c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or (d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:

Firstly. –– Against her will.

Secondly. –– Without her consent.

Thirdly. –– With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.

Fourthly. –– With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

Fifthly. –– With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome Substance, she is unable to understand the nature and consequences of that to which she gives consent.

Sixthly. –– With or without her consent, when she is under eighteen years of age.

Seventhly. –– When she is unable to communicate consent.

Explanation 1. –– For the purposes of this section, "vagina" shall also include labia majora.

Explanation 2. –– Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act;

Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Exceptions –– 1. A medical procedure or intervention shall not constitute rape; 2. Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.

Even after the 2013 reform, marital rape when the wife and husband live together continued not to be a crime in India. Article 376B of the 2013 law made forced sexual intercourse by a man with his wife – if she is living separately – a crime, whether under a decree of separation or otherwise, punishable with at least a two-year prison term. Forced sex by a man on his wife may also be considered a prosecutable domestic violence under other sections of Indian Penal code, such as Section 498(A) as well as the Protection of Women from Domestic Violence Act 2005. The crime of sexual assault on a child, that is anyone below the age of eighteen, is further outlined and mandatory punishments described in The Protection of Children from Sexual Offences Act 2012.

As CNN reported in 2020, a man convicted of raping a woman faces a minimum 10-year prison sentence. This may increase to a life sentence or even a death sentence depending on the circumstances and details of the crime. If the victim is transgender, however, the rapist is punished by a maximum of two years in prison, as defined by the Transgender Persons (Protection of Rights) Act 2019.

All sexual acts between the members of the same sex, consensual or forced, were previously a crime under Section 377 of the Indian penal code, after the 2013 Criminal Law reform, with punishment the same as that of rape but it was later overturned in a landmark judgement of the Supreme Court on 6 September 2018 which stated all consensual sexual acts between adults who have met the age of consent are not violative of Section 377, hence decriminalizing gay sex in India.

Like Indian Penal Code, the Bharatiya Nyaya Sanhita retains the marital rape exception. It retains the value laden phrase ‘outraging the modesty of women’ instead of replacing it with the gender-neutral term ‘sexual assault’. It provides inadequate protection to victims of non-consensual intimate imagery. It does not include any provision for offences involving rape of males or of transgender individuals.

Rape statistics

Reported rape rates per 100,000 population, 2015

One rape was reported every 16 minutes in India in 2019. This figure was 15 minutes in 2018. In 2019, the national average rape rate (per 100,000 population) was 4.9, slightly less than 5.2 in 2018 and 2017. However, the small dip may be attributed to data for West Bengal not being available. As of 2019, Nagaland (0.8), Tamil Nadu (1.0), and Bihar (1.3) had the lowest rape rates among the states of India, while Rajasthan (15.9) had the highest rape rate. These statistics do not take into account rapes ending in murder and attempts to rape, which are counted separately by police in India.

Registered rape cases (victim/complainant reached police station) in 2019
State/UT Total rape cases registered(2019) Adult (18 yrs & above) Minor (below 18 yrs) 2019 Rape rate(%)(per 1,00,000 pop.) Annual change in Rape rate (2018–19) Annual change in absolute no. of rape cases registered (2018–19)
India 32033 27093 4940 4.9 -0.3 -1323
Andhra Pradesh 1086 542 544 4.2 0.5 115
Arunachal Pradesh 63 39 24 8.6 -0.7 -4
Assam 1773 1685 88 10.5 0.6 125
Bihar 730 729 1 1.3 0.2 79
Chhattisgarh 1036 1033 3 7.2 -7.5 -1055
Goa 72 23 49 9.4 1.4 11
Gujarat 528 528 0 1.6 -0.1 -25
Haryana 1480 1472 8 10.9 1.2 184
Himachal Pradesh 359 162 197 10 0.4 15
Jammu and Kashmir 223 212 11 3.5 -1.5 -97
Jharkhand 1416 1228 188 7.7 1.7 326
Karnataka 505 505 0 1.6 0.1 13
Kerala 2023 761 1262 11.1 0.4 78
Madhya Pradesh 2485 2485 0 6.2 -7.6 -2948
Maharashtra 2299 2299 0 3.9 0.2 157
Manipur 36 26 10 2.3 -1.1 -16
Meghalaya 102 82 20 6.3 0.8 15
Mizoram 42 19 23 7.1 -1.4 -8
Nagaland 8 6 2 0.8 -0.2 -2
Odisha 1382 1151 231 6.2 .1 464
Punjab 1002 576 426 7.1 1.2 171
Rajasthan 5997 4684 1313 15.9 4.2 1662
Sikkim 11 11 0 3.5 -1.6 -5
Tamil Nadu 362 353 9 1 0.1 31
Telangana 606 606 0 4.7 1.4 267
Tripura 88 88 0 4.5 -0.5 -9
Uttar Pradesh 3065 2895 270 2.8 -0.9 -881
Uttarakhand 526 342 184 9.6 -0.8 -35
West Bengal 1069 1065 4 2.3 0 0
Andaman and Nicobar Islands 13 5 8 7 -9.1 -17
Chandigarh 112 47 65 20.7 4.6 26
Dadra and Nagar Haveli 0 0 0 0 -3.2 -7
Daman and Diu 4 4 0 3.1 0.7 1
Delhi 1253 1253 0 13.5 0.2 38
Lakshadweep 0 0 0 0 -6.1 -2
Puducherry 10 10 0 1.3 1.3 10
  • Due to non-receipt of data from West Bengal in time for 2019, data furnished for 2018 has been used

Sources :

Rape of minors

See also: Child sexual abuse laws in India

Using a small sample survey, Human Rights Watch projected that more than 7,200 minors – 1.6 in 100,000 minors – are raped each year in India. Among these, victims who report the assaults are alleged to suffer mistreatment and humiliation from the police. Minor girls are trafficked into prostitution in India, thus rape of minors conflates into a lifetime of suffering. Of the countries studied by Maplecroft on sex trafficking and crime against minors, India was ranked 7th worst.

Incidence of forced marriage and kidnapping of minors (girls) in 2019
State/UT Kidnapping & Abduction of Women to compel her for marriage (Section. 366 IPC) Procuration of Minor Girls (Section 366A IPC)
India 15615 3117
Andhra Pradesh 65 48
Arunachal Pradesh 2 6
Assam 466 1415
Bihar 4482 1
Chhattisgarh 420 2
Goa 1 0
Gujarat 555 0
Haryana 178 808
Himachal Pradesh 152 3
Jammu and Kashmir 12 0
Jharkhand 164 302
Karnataka 15 58
Kerala 30 20
Madhya Pradesh 1532 22
Maharashtra 796 30
Manipur 13 36
Meghalaya 1 22
Mizoram 0 0
Nagaland 0 1
Odisha 74 54
Punjab 1188 1
Rajasthan 420 13
Sikkim 0 0
Tamil Nadu 183 99
Telangana 285 74
Tripura 53 10
Uttar Pradesh 4029 0
Uttarakhand 21 0
West Bengal 455 92
  • Due to non-receipt of data from West Bengal in time for 2019, data furnished for 2018 has been used

Sources :

Estimates of unreported rapes

Most rapes go unreported because the rape victims fear retaliation and humiliation, both in India and throughout the world. Indian parliamentarians have stated that the rape problem in India is being underestimated because many cases are not reported, even though more victims are increasingly coming out and reporting rape and sexual assaults.

Few states in India have tried to estimate or survey unreported cases of sexual assault. The estimates for unreported rapes in India vary widely. The National Crime Records Bureau report of 2006 mentioned that about 71% rape crimes go unreported. Marital rape is not a criminal act in India though sexual intercourse with wife aged between 15 and 18 years is considered as rape. Madiha Kark estimates 54% of rape crimes are unreported. A UN study of 57 countries estimates just 11% of rape and sexual assault cases worldwide are ever reported.

Convictions

This section needs expansion. You can help by adding to itadding to it or making an edit request. (June 2020)
Verdicts in Delhi Rape Cases, 2013

Only one in four reported rape cases in India result in convictions.

Conviction rates
Year Rate (%)
1973 44.3
1983 37.7
2009 26.9
2010 26.6
2011 26.4
2012 24.2
2013 27.1
2017 32.2
2018 27.2
2019 27.8

Notable incidents

Ajmer rape case

In 1992, the Ajmer rape case was one of India's biggest cases of coerced sexual exploitation, with more than a hundred underage schoolgirls estimated to have been sexually molested and raped. Most accused were from the Ajmer Dargah of Moinuddin Chishti.

2012 Delhi gang rape case

People silently marching to protest with candlelight at Salt Lake City in Kolkata after the female victim's death on 29 December 2012
People in Bangalore protesting outside Bangalore Town Hall on 30 December 2012 demanding justice for the 23-year-old student who was gang-raped in Delhi on 16 December 2012

The gang rape of a 23-year-old student on a public bus, on 16 December 2012, sparked large protests across the capital Delhi. The victim was with a male friend who was severely beaten with an iron rod during the incident. This same rod was used to penetrate her so severely that the victim's intestines had to be surgically removed, before her death thirteen days after the attack.

The following day, there was an uproar in the Indian parliament over the incident. MPs in both houses had set aside their regular business to discuss the case and demanded strict punishment for those who carried out the attack. The Leader of the Opposition in the Lok Sabha, Sushma Swaraj, demanded that "the rapists should be hanged". Thousands of people, mostly young, participated in a massive demonstration on 22 December in protest. Police arrested six men suspected of rape. One of them, a 17-year-old juvenile, was jailed while among the five remaining culprits (who were adults), one committed suicide before trial while the other four were hanged in 2020 for murder.

2013 Mumbai gang rape

In August 2013, in the Shakti Mills gang rape case, a 22-year-old photojournalist, who was interning with an English-language magazine in Mumbai, was gang-raped by five persons, including a juvenile, in the deserted Shakti Mills compound, near Mahalaxmi in South Mumbai, where she had gone with a male colleague on an assignment. This caused protests throughout the country since Mumbai with its very active nightlife was previously considered a safe haven for women. The city sessions court found the accused guilty and sentenced the three repeat offenders to death, making them the first in the country to get the death sentence stipulated under the newly enacted Section 376E of the Indian Penal Code. However, on 25 November 2021, the Bombay High Court commuted the three death sentences to life imprisonment.

Ranaghat case

On 14 March 2015, a 71-year-old nun was gang raped in Ranaghat, West Bengal, by intruders at the Convent of Jesus and Mary. The six intruders were recorded on CCTV during their crime of ransacking the chapel, destroying religious items, looting cash and the gang rape. Six men were arrested and charged with the crime by 1 April 2015, and identified to be Bangladeshi Muslims.

Delta Meghwal rape case

On 29 March 2016, the corpse of Delta Meghwal, a 17-year-old Dalit girl, was found in her hostel's water tank. Following the registration of the police case the hostel warden, physical education teacher and principal were arrested by Bikaner police and kept under judicial custody. The State eventually acceded to a CBI inquiry after the issue became politicised.

Kathua rape case

On 17 January 2018, Asifa, an 8-year-old minor girl, was raped and murdered in Rasana village near Kathua in Jammu and Kashmir. The incident made national news when charges were filed against eight men in April 2018. The arrests of the accused led to protests from groups, one of which was attended by two ministers from the Bharatiya Janata Party, both of whom have now resigned. The rape and murder, as well as the support the accused received, sparked widespread outrage.

Unnao rape case

Main article: 2017 Unnao rape case

The Unnao rape case saw an allegation that lawmaker Kuldeep Singh Sengar had raped a 17-year-old girl in 2017. In 2018, the alleged victim's father was jailed under the Arms Act, and died in prison after being allegedly beaten up by Sengar's brother and several others. Also in 2018, a witness to the alleged assault, Yunus, died and was immediately buried by his family with no autopsy and no communication to police or investigators. Yunus' wife and family said Yunus had been ill and died a natural death. The uncle of the alleged victim was arrested and jailed in 2018 due to an 18-year-old gun-firing case. In 2019, a truck with blackened license plates hit the car in which the alleged victim and others were riding in. As a result, the victim's paternal and maternal aunts were killed. The alleged victim and her lawyer were critically injured. The police officers assigned to provide security for the alleged victim were not present, with the explanation that there was no space in the car in which the alleged victim was travelling.

Jammu and Kashmir

There have been allegations of rape and mass rape in Jammu and Kashmir. Reports have shown that rape has been carried out by both Indian armed forces and Islamist militant groups.

The rapes by Islamic militants have been reported since the Indo-Pakistani War of 1947. On 22 October 1947, Pashtun militants invaded Baramulla in a Pakistan army truck, and raped women including European nuns. In March 1990, Mrs. M. N. Paul, the wife of a BSF inspector was kidnapped, tortured and gang-raped for many days. Then her body with broken limbs was abandoned on a road.

The International Commission of Jurists stated that though the attacks had not been proven beyond a doubt, there was credible evidence that it had happened. In 2011, the State Human Rights Commission (SHRC) asked for the reopening of the case.

Militant organisations such as Hizb-ul-Mujahideen, Jamiat-ul-Mujahideen and Harkat ul-Ansar have been accused of carrying out rapes. The Jammu Kashmir Liberation Front has been accused of ethnic cleansing of using murder, arson, and rape as a weapon of war to drive out hundreds of thousands of Hindu Kashmiri Pandits from the region. Following the rise of rapes by the Indian armed forces and militants, HRW submitted that the victims of rape suffer ostracism and that there is a "code of silence and fear" that prevents people from reporting such abuse. According to HRW, the investigation of cases of rape by Indian forces and militants is difficult because many Kashmiris are reluctant to discuss it for fear of violent reprisals.

Northeast India

Human rights groups allege that the Indian armed forces under the protection of the Armed Forces (Special Powers) Act, 1958 have carried out a large number of rapes in the Nagaland, Assam and Manipur provinces. Karlsson writes that there are reports that much of the violence against civilians, including sexual assault, is inflicted by the rebel groups and armed criminal gangs in the region.

Uttar Pradesh

There is wide discrepancy among reports of rape and sexual assault. For example, according to the People's Union for Civil Liberties (PUCL), the majority of those assaulted in 2007 were poor women from remote areas and Dalits. SR Darapuri of the PUCL alleged, "I analysed the rape figures for 2007 and I found that 90% of victims were Dalits and 85% of Dalit rape victims were underage girls." Darapuri allegations do not match with the data compiled by National Crime Records Bureau of India, which found 6.7% of rape and sexual assault victims were Dalits in 2007, where nearly 16% of Indian population is classified as Dalit. There were 391 cases of rape of Dalit victims reported in Uttar Pradesh in 2013 or about 1 per 100,000 Dalits in the state of about 200 million people (21% of which is classified as Dalit).

During riots

In recent years, numerous rapes have taken place during communal riots. After the 2002 Godhra train burning, in the certain parts of Gujarat, rape was carried out by rioters. Thirteen rape and assault cases were reported during the 2013 Muzaffarnagar riots.

The partition of India

Main article: Rape during the partition of India

During the partition of India, some 100,000 women said that they were kidnapped and raped.

Disputed rape cases

Potential abuse concerns

In April 2013, Judge Virender Bhat suggested that relying upon the sole attestation of the victim became "an easy weapon" to incriminate anyone in rape case. Justice Kailash Ghambhir of the Delhi High Court stated that penal provisions for rape are often being misused by women as a "weapon for vengeance and vendetta" to harass and blackmail their male friends by filing false cases to extort money and to force them to get married. Saamna, the mouthpiece of the Shiv Sena in an editorial noted while supporting the Deputy Inspector General Of Police in Mumbai in an alleged rape complaint that it has become "a fashion to create sensation by charging someone for rape and molestation" while Shonee Kapoor, founder of Sahodar Men's Right Group, demanded that the name of the accused should not be made public till conviction. Retired Supreme Court Justice B.N. Srikrishna also argued to keep the accused anonymous. Citing the low conviction rate in rape cases, he said, "There is no doubt that rape laws are being misused in the country."

In 2014, as per a report submitted by the Delhi Commission for women, 53% of reported rapes in 2012–13 were found to be 'false'. This report considered the cases that were dropped before going to trial as false, and failed to differentiate between the cases dropped due to coercion and cases where it was clear that women were lying.

According to an investigation by The Hindu, which only considered the cases that went to full trial, out of 460 such cases in Delhi district courts in 2013, only 2% (12) were found to have been committed by strangers. 41% (189) of these cases were filed by parents to criminalize and end consented sexual relationships, 24% (109) were filed under 'breach of promise to marry' and 30% (141) were found to be committed by acquaintances and relatives. In January 2019, the Supreme Court ruled that men who have consensual sex with a woman, and later decline to marry her for any reason, cannot be charged with rape.

Notable cases

In 1991, the 4 Rajputana Rifles unit are alleged to have entered the village of Kunan Poshpora and raped between 30 and 100 women aged between 13 and 70. The Indian government carried out three inquiries into the allegations and concluded that it had been a hoax.

In May 2014 two girls aged 14 and 16 were allegedly gang raped and murdered in the northern state of Uttar Pradesh, though later investigations have alleged suicide as the cause of death in this instance. Two police officers were suspected of involvement in the crimes.

Tourist advisories

Rapes of foreigners have led several countries to issue travel advisories that "women travellers should exercise caution when travelling in India even if they are travelling in a group; avoid hailing taxis from streets or using public transport at night, and to respect local dress codes and customs and avoid isolated areas".

In March 2013, a Swiss couple who were cycling from Orchha to Agra, decided to camp for a night in a village in Datia District. There they were physically assaulted by eight locals, robbed, the man was overpowered and tied up, while the 39-year-old woman was gang-raped in front of her husband at the village. The Swiss government issued a travel advisory in 2013 about the "increasing numbers of rapes and other sexual offences" happening in India.

The news coverage of the rapes and updated travel advisories have worried Indian tourism industry. Some media reports stated that high-profile rape cases had led to tourist numbers to drop 20 to 30 per cent compared to previous year. The Assocham agency found that of 1200 businesses surveyed more than 70% reported cancellations by female tourists from Britain, the U.S. and Canada along with a 25% decline overall. However, tourist arrivals in India increased from 6.5 million arrivals in 2012 to 6.8 million arrivals in 2013. Tourist arrivals in 2014 observed another 10% increase over 2013 levels.

In January 2015, the Tourism Ministry of India introduced emergency helplines for female tourists. The Indian government announced in April 2015, that tourists are now being given a "welcome card" by the immigration officer on arrival with resources to ensure their safety, that GPS-embedded tracking system are being introduced in all taxis, and tourist helplines in 12 foreign languages have been instituted.

In a non-tourism related case, Russia issued travel advisory to its citizens after a Russian national was raped in December 2009. The case was widely covered after a member of Indian parliament Shantaram Laxman Naik blamed the victim and the media for over emphasising the Russian rape case after, "she was raped by a state politician in his car after they had dinner together". Naik was criticised by leaders of Indian political parties such as CPI-M, BJP and SP for blaming the rape victim and media.

Legal response

The Indian law prior to the Nirbhaya Incident took into account only acts of penile-vaginal intercourse within the definition of rape and forcible acts of penetration of vagina, mouth, urethra or anus through penis or an inanimate object did not fall within the definition of rape. Many rapists were not prosecuted because there was no law to punish such acts. The definition was expanded in 2013 to consider rape as any acts like penetration by penis, or any object or any part of body to any extent, into the vagina, mouth, urethra or anus of a woman or making her to do so with another person or applying of mouth to sexual organs without the consent or will of the woman constitutes the offence of rape.

The section has also clarified that penetration means "penetration to any extent", and lack of physical resistance is immaterial for constituting an offence. Except in certain aggravated situations, the punishment will be imprisonment not less than seven years but which may extend to imprisonment for life, and shall also be liable to fine. In aggravated situations, punishment will be rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.

Section 53A of the Code of Criminal Procedure of the Indian law lays down certain provisions for medical examination of the accused. Section 164A of the Code of Criminal Procedure deals with the medical examination of the victim.

The revised statutes of 2013 Indian law, in section 376A, mandate minimum punishment in certain cases. For instance, if the sexual assault inflicts an injury which causes death or causes the victim to be in a persistent vegetative state, then the convicted rapist must be sentenced to rigorous imprisonment of at least twenty years and up to the remainder of the natural life or with a death penalty." In the case of "gang rape", the same mandatory sentencing is now required by law. The convicted is also required to pay compensation to the victim which shall be reasonable to meet the medical expenses and rehabilitation of the victim, and per Section 357 B in the Code of Criminal Procedure. Death penalty for the most extreme rape cases is specified.

The 2013 law also increased the age of consent from 16 years to 18 years, and any sexual activity with anyone younger than age of 18, irrespective of consent, now constitutes statutory rape.

The new law has made it mandatory for all government and privately run hospitals in India to give free first aid and medical treatment to victims of rape.

As well, in May 2013, the Supreme Court of India held that the two-finger test on a rape victim violates her right to privacy, and asked the Delhi government to provide better medical procedures to confirm sexual assault.

On 3 November 2015 the Allahabad High Court observed that a child born out of rape will have inheritance rights over the property of the assaulter and will be treated as illegitimate. However, if the child is taken for adoption then he/she will not have any rights on the property of the biological father.

National Database on Sexual Offenders (NDSO)

The government, on 20 September 2018, launched the National Database on Sexual Offenders (NDSO). The database contains entries of offenders convicted under charges of rape, gang rape, POCSO and eve teasing. The portal as of now contains 440,000 entries of cases that have been reported since 2008. It's managed by the National Crime Records Bureau. The database is accessible only to the law enforcement agencies for investigation and monitoring purposes.

Fast track courts

As a result of the 2012 Delhi gang rape case, the Indian government implemented a fast-track court system to rapidly prosecute rape cases. The fast-track court system has been welcomed by some, but its fairness has been questioned by legal experts and scholars. The legal scholars state that the fast-track courts may not be fair in an impoverished country where millions of cases are backlogged, and there are an average of just 14 judges per million people – among the lowest in a United Nations study of 65 nations. Fast track courts divert limited judicial resources and add delays to prosecution of other crimes. They noted that Delhi state had instituted five fast-track courts in 2013 to handle rape cases, but there were no fast-track courts for murder. Mrinal Satish, of New Delhi's National Law University said, "there is a risk that in this emotional response and clamour for immediate justice, we could end up putting innocent people in prison".

Marital rape

Marital rape is not a criminal offence within Indian legal framework, except during the period of judicial separation of the partners. The marital rape exception, that is exception 2 of section 375 of the Indian Penal Code, states that sexual intercourse by a man with his own wife, the wife not being under 18 years of age, is not rape. In the 1980s, women's rights groups lobbied for marital rape to be declared unlawful. Government officials argued that the contract of marriage presupposes consent to sex and that criminalising marital rape in turn would degrade family values in India. Forced sex by husbands upon wives does have legal consequences in Indian matrimonial law, in that it can be treated as a matrimonial fault, resulting in dissolution of the marriage. All religious personal laws and the secular law governing marriage and divorce in India deem ‘cruelty’ by one spouse to the other to be a ground for divorce. The originally enacted Hindu marriage Act provided that in order to constitute a cause for divorce, an act of cruelty should be such that it ‘produces a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party.’ Marital rape also amounts to ‘sexual abuse’ under the law regarding domestic violence enacted in 2005, under which aggrieved wives or female live-in partners can claim civil remedies, like injunction against violence, dispossession from home or direction to the husband/partner to pay maintenance. The law kicks in to regulate sexual violence in marriage only in cases when it is accompanied by extreme physical violence or when the health and safety of the wife is endangered, as in the case of minor wives.

This exception has restricted application when the wife has been living separately from the husband, with or without a decree of judicial separation. In such cases, the husband can be prosecuted for rape. If convicted, the minimum punishment is imprisonment for two years and imposition of a fine (Section 376B, IPC). This clause was ratified in the year 1983, a period of great upheaval in the history of rape law reform in India, when major changes were made for the first time since enactment of rape laws by the colonial state in 1860. The parliamentary committee that gave final shape to the 1983 amendments was disinclined to treating non-consensual sex between a separated couple as amounting to rape, on the grounds that a rape charge would heighten the possibilities of divorce by making reconciliation that much harder for the couple. Hence, the minimum sentence stipulated for this category of rape was set much lower than usual.

Until 2017, there was a discrepancy between two sub clauses of Section 375. Exception 2 stated that "sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape." However, the same provision stated that a man is said to commit rape if he has sexual relations with a woman with or without her consent, when she is under 18 years of age. Independent Thought, a non-governmental organisation, in a petition in 2013, had challenged Exception 2. In a landmark ruling on 11 October 2017, the supreme court upheld the age of consent as 18 years. The court held that the distinction made between a married girl child and an unmarried girl child was illogical and ran against the provisions of the Protection of Children from Sexual Offences Act, 2012. Such a distinction also violated a child's right to liberty and dignity under Article 21 of the Constitution. Two other significant statutes undermined by the original IPC section were the Prohibition of Child Marriage Act, 2006 and the Juvenile Justice Act, both of which define a child as someone below the age of 18.

Education programmes

In February 2017, the Ministry of Health and Family Welfare unveiled resource material relating to health issues to be used as a part of a nationwide adolescent peer-education plan called Saathiya. Among other subjects, the material discusses relationships and consent. The material states, "Yes, adolescents frequently fall in love. They can feel attraction for a friend or any individual of the same or opposite sex. It is normal to have special feelings for someone. It is important for adolescents to understand that such relationships are based on mutual consent, trust, transparency and respect. It is alright to talk about such feelings to the person for whom you have them but always in a respectful manner. ... Boys should understand that when a girl says 'no' it means no."

See also

References

Notes

  1. ^ The legal age of marriage in India is 18 years for females, as stipulated by the Hindu Marriage Act, the Indian Christian Marriage Act, and the Special Marriage Act. However, under Muslim personal law, which remains uncodified and unconsolidated, individuals are eligible to marry upon attaining puberty, generally interpreted as 15 years of age.

Citations

  1. Kumar, Radha (2003) , "The agitation against rape", in Kumar, Radha (ed.), The history of doing: an illustrated account of movements for women's rights and feminism in India 1800-1990, New Delhi: Zubaan, p. 128, ISBN 9788185107769 Preview.
  2. "Chapter 5: Crime against women", Crime in India 2012 Statistics (PDF), ncrb.gov.in, p. 81, archived from the original (PDF) on 16 January 2016
  3. "India lodged average 86 rapes daily, 49 offences against women per hour in 2021: NCRB data". The Hindu. 31 August 2022. Retrieved 2 September 2022.
  4. ^ "Nearly 20% Increase in Rapes Across India in 2021, Rajasthan Had Highest Cases: NCRB". The Wire. 30 August 2022. Retrieved 2 September 2022.
  5. Humphrey, John A.; Schmalleger, Frank (2012), "Mental illness, addictive behaviors, and sexual deviance", in Humphrey, John A.; Schmalleger, Frank (eds.), Deviant behavior (2nd ed.), Sudbury, Massachusetts: Jones & Bartlett Learning, p. 252, ISBN 9780763797737.
  6. Gregg Barak. Crime and Crime Control: A Global View: A Global View. ABC-CLIO. p. 74. Overall, however, rape rates are still lower than most other countries.
  7. United Nations (2009). African Women's Report 2009: Measuring Gender Inequality in Africa - Experiences and Lessons from the African Gender and Development Index. United Nations Publications. pp. 68–. ISBN 978-92-1-054362-0.
  8. Colonel Y Udaya Chandar (23 September 2016). The Ailing India. Notion Press. p. 337. ISBN 978-1-945926-26-6.
  9. Correspondent, Legal (13 April 2019). "Sex on false promise of marriage is rape: Supreme Court". The Hindu. ISSN 0971-751X. Retrieved 14 April 2019. {{cite news}}: |last= has generic name (help)
  10. Siuli Sarkar (17 June 2016). Gender Disparity in India: Unheard Whimpers. PHI Learning. p. 283. ISBN 9788120352513.
  11. Tamsin Bradley (28 February 2017). Women and Violence in India: Gender, Oppression and the Politics of Neoliberalism. I.B. Tauris. p. 105. ISBN 9781786721181.
  12. Shahid M. Shahidullah (2017). Crime, Criminal Justice, and the Evolving Science of Criminology in South Asia: India, Pakistan, and Bangladesh. Springer. p. 96. police-recorded rape rate in India has shown a sharp increasing trend in recent years against the declining trend of all other violent and property crimes.
  13. ^ Staff writer (19 December 2012). "Protests grow over gang rape of Indian woman (video)". The Telegraph. London. Archived from the original on 19 December 2012. Retrieved 21 December 2012.
  14. ^ "The Criminal Law (Amendment) Act, 2013" (PDF). The Gazette of India. Government of India. 2013. Archived from the original (PDF) on 7 November 2013.
  15. United Nations (2013), "Sexual Violence Tables as of July 2013", in United Nations (ed.), Crime and criminal justice statistics, United Nations Office on Drugs and Crime
  16. FBI. Crime in the United States 1993-2012. United States Department of Justice.
  17. Mitra, Hem Chandra; Mukhurji, Bamapada. The Indian Penal Code, Act XLV of 1860. Calcutta. p. 322. OCLC 84414842. Details.
  18. Devasia, V.V.; Kumar, Ajit (2009), "Child sexual abuse - breaking the silence", in Devasia, V.V.; Kumar, Ajit (eds.), Social work concerns and challenges in the 21st century, New Delhi: A.P.H. Pub. Corp, p. 71, ISBN 9788131304679. Preview.
    Note: sexual intercourse meant peno-vaginal penetration, all other sexual acts were covered under Section 377 as "unnatural offenses"
  19. Kalra, Kush; Barupal, Priyanka (2013), "Rape", in Kalra, Kush; Barupal, Priyanka (eds.), Law, sex & crime, India: Vij Books, pp. 66–87, ISBN 9789382652229.
    Note: originally ten years in 1860 law, replaced by the word "twelve" in 1891, and replaced with the word "fifteen" in 1950, and word "sixteen" in 1983.
  20. ^ Mehta, Siddharth (April 2013). "Rape law in India: problems in prosecution due to loopholes in the law". doi:10.2139/ssrn.2250448. ISSN 1556-5068. SSRN 2250448. {{cite journal}}: Cite journal requires |journal= (help)
  21. ^ Jiloha, R.C. (July–September 2013). "Rape: Legal issues in mental health perspective". Indian Journal of Psychiatry. 55 (3): 250–255. doi:10.4103/0019-5545.117141. PMC 3777346. PMID 24082245.
  22. "The Protection of Children from Sexual Offences Act 2012 (No. 32 of 212)" (PDF). The Gazette of India. Government of India. 20 June 2012. Archived from the original (PDF) on 28 September 2015. Retrieved 7 March 2017.
  23. Mitra, Esha (9 December 2020). "India's rape laws don't cover transgender people. They say it's putting them at risk". CNN. Retrieved 9 December 2020.
  24. Gaur, K.D. (2009), "Chapter XVI: Offences affecting the human body", in Gaur, K.D. (ed.), Textbook on the Indian Penal Code (4th ed.), Delhi: Universal Law Pub. Co, p. 684, ISBN 9788175347038. Preview.
  25. Saberin, Zeenat. "India decriminalises gay sex in landmark verdict". www.aljazeera.com. Retrieved 6 September 2018.
  26. Ghosh, Deepshikha. "Love, Equally: Homosexuality No Longer A Crime, Says Supreme Court". NDTV.com. Retrieved 6 September 2018.
  27. Cite error: The named reference wire was invoked but never defined (see the help page).
  28. Vaibhav Yadav (12 October 2023). "Tackling Non-Consensual Dissemination of Intimate Images in India's Contemporary Legal Framework". International Annals of Criminology. 61 (3–4). Cambridge University Press: 355–383. doi:10.1017/cri.2023.30. ISSN 2398-676X.Closed access icon
  29. Alisha Dutta (22 June 2024). "Bharatiya Nyaya Sanhita has no section dealing with rape of men, transgender persons". The Hindu. Archived from the original on 23 June 2024. Retrieved 23 June 2024.
  30. "NCRB's report reveals a rape happens every 16 minutes in India in 2019". economictimes.com. 2 October 2020. Retrieved 3 October 2020.
  31. "One rape was reported every 15 minutes in India in 2018". reuters.com. 9 January 2020. Retrieved 9 September 2020.
  32. ^ "Crime in India report 2019" (PDF). ncrb.gov.in. Retrieved 3 October 2020.
  33. "Crime in India report 2018" (PDF). ncrb.gov.in. Retrieved 3 October 2020.
  34. Pandey, Geeta (7 February 2013). "India child sex victims 'humiliated' - Human Rights Watch". BBC News. Retrieved 15 March 2013.
  35. ^ Warhurst, Alyson; Strachan, Cressie; Yousuf, Zahed; Tuohy-Smith, Siobhan (August 2011). "Girl trafficking: a life story". In Warhurst, Alyson; Strachan, Cressie; Yousuf, Zahed; Tuohy-Smith, Siobhan (eds.). Trafficking: A global phenomenon with an exploration of India through maps (pdf). Maplecroft. pp. 37–43. Retrieved 25 December 2012.
  36. Shanmugam, Ramalingam (2013). "Informatics about fear to report rapes using bumped-up Poisson model". American Journal of Biostatistics. 3 (1): 17–29. doi:10.3844/amjbsp.2013.17.29.
    See also: Poisson distribution.
  37. Special Correspondent (27 August 2013). "Majority of rape cases go unreported: MPs". The Hindu. Chennai, India. Retrieved 17 March 2015. {{cite news}}: |last= has generic name (help)
  38. The Indian Journal of Political Science. Indian Political Science Association. 2009. p. 117.
  39. "Sexual act by man with wife, not below 15 years, is not rape, says Supreme Court". 9 August 2017.
  40. "Sex with minor wife to be considered as rape, rules Supreme Court". dna. 11 October 2017. Retrieved 9 July 2018.
  41. Kark, Madiha (2013). Understanding Indian and Pakistani cultural perspectives and analyzing U.S. news coverage of Mukhtar Mai and Jyoti Singh Pandey (PDF) (MA thesis). University of Texas. OCLC 876058002.
    Thesis Committee: Tracy Everbach, Koji Fuse, James E. Mueller, Roy Busby and Mark Wardell.
  42. UN Women (May 2013). Factsheet - Global, Progress of the World's Women 2011-12 (PDF). UN Women. Archived from the original (PDF) on 5 December 2011.
  43. ^ S, Rukmini (29 July 2014). "The many shades of rape cases in Delhi". The Hindu. ISSN 0971-751X. Retrieved 26 September 2017.
  44. ^ Sethi, Abheet Singh (19 March 2015). "3 years after Delhi rape, conviction rates same". IndiaSpend.com. Retrieved 22 February 2017.
  45. ^ FP Staff (10 September 2013). "A 24.21 percent conviction rate for rape in India, lower every year". The First Post.
  46. ^ "Conviction rate for rape only 27.2% even as country celebrates justice in Nirbhaya case". The Economic Times. Retrieved 22 June 2020.
  47. "Under 30 per cent conviction rate in rape cases in India, says NCRB data". newindianexpress.com. Retrieved 4 October 2020.
  48. IANS (4 January 2012). "Accused in 1992 Ajmer sex scandal case arrested". Mid-day.com.
  49. Deep Mukherjee. "Almost three decades after a rape, blackmail case rocked Ajmer, surrender of an accused opens old wounds". Indianexpress. Retrieved 9 September 2020.
  50. Ghosh, Shamik. "Delhi gang-rape: victim's friend, also on bus, gives statement in court". NDTV. Retrieved 21 December 2012.
  51. HT Correspondent. "No option, victim's intestines removed". Hindustan Times. Archived from the original on 3 April 2015. Retrieved 21 December 2012. {{cite news}}: |last= has generic name (help)
  52. Staff writer (18 December 2012). "Delhi bus gang rape: Uproar in Indian parliament". BBC News. Retrieved 19 December 2012.
  53. Staff writer (23 December 2012). "Thousands protest in Indian capital after gang-rape". ITV News.
  54. Staff writer. "Un muerto en la India durante las protestas contra una violación". La Vanguardia (in Spanish). Retrieved 24 December 2012.
  55. "Four men convicted of brutal rape in Delhi in 2012 hanged". The Straits Times. 20 March 2020. Retrieved 11 March 2023.
  56. Samervel, Rebecca (5 April 2014). "3 Shakti Mills rapists to hang for 'diabolical, planned attack'". The Times Of India.
  57. "Shakti Mills Gangrape Case: Bombay HC Commutes Death Penalty of 3 Convicts". Outlook. 25 November 2021. Retrieved 25 November 2021.
  58. Staff writer (14 March 2015). "Elderly Indian nun gang-raped in convent school attack". BBC News. Retrieved 16 November 2016.
  59. News reports:
  60. TNN (8 April 2016). "Dalit girl student was not murdered, says FSL report". The Times of India. Retrieved 20 April 2016.
  61. Express News Service (20 April 2016). "Rajasthan CM Raje govt seeks CBI probe into Dalit girl's death". The Indian Express.
  62. "Outrage spreads over eight-year-old's rape". BBC News. 13 April 2018. Retrieved 13 April 2018.
  63. "J&K: Kathua Rape-And-Murder Of 8-Year-Old Girl Was Aimed At Driving Nomads Out: Official". Outlook India. Retrieved 11 April 2018.
  64. Eltagouri, Marwa (11 April 2018). "An 8-year-old's rape and murder inflames tensions between Hindus and Muslims in India". Washington Post. ISSN 0190-8286. Retrieved 12 April 2018.
  65. "Unnao rape case: Will arrest BJP MLA Kuldeep Singh Sengar, SIT tells Allahabad HC; Highlights here". financialexpress.com. Retrieved 30 July 2019.
  66. "Unnao case: CBI files charge sheet against MLA, 9 others for criminal conspiracy". Hindustan Times. 14 July 2018. Retrieved 30 July 2019.
  67. ^ "Unnao rape survivor accident: What happened and what we know so far". India Today. 29 July 2019. Retrieved 30 July 2019.
  68. Bajpai, Namita (23 August 2018). "Unnao rape case: Key witness Yunus died of ailment, claims family". New Indian Express. Retrieved 30 July 2019.
  69. "Unnao rape victim's uncle sent to jail, hearing today". Hindustan Times. 22 November 2018. Retrieved 30 July 2019.
  70. ^ Warikoo, Kulbhushan (2014), "Islamist extremism in Kashmir", in Warikoo, Kulbhushan (ed.), Religion and security in South and Central Asia (1st ed.), London New York: Routledge, p. 79, ISBN 9781138784833. Preview.
  71. Margolis, Eric S. (2000), "Revolt in the mountains", in Margolis, Eric S. (ed.), War at the top of the world: the struggle for Afghanistan, Kashmir, and Tibet, New York: Routledge, p. 135, ISBN 9780415930628. Preview.
  72. von Pochhammer, Wilhelm (2005), "Accession of Princely states", in von Pochhammer, Wilhelm (ed.), India's road to nationhood: a political history of the subcontinent, New Delhi: Allied Publishers, p. 512, ISBN 9788177647150. Preview.
  73. Joshi, Manoj (1999), "The valley aflame", in Joshi, Manoj (ed.), The lost rebellion, New Delhi: Penguin Books, p. 64, ISBN 9780140278460. Extract.
  74. Schofield, Victoria (2003). "Vale of tears". In Schofield, Victoria (ed.). Kashmir in conflict: India, Pakistan and the unending war. London New York: I.B. Tauris. p. 157. ISBN 9781860648984. Preview.
  75. Ganai, Naseer (21 October 2011). "Human rights panel asks Jammu and Kashmir govt to reopen army mass rape case". India Today. Archived from the original on 21 October 2011.
  76. Tolley, Howard B. Jr. (2009), "Kashmir", in Forsythe, David P. (ed.), Encyclopedia of human rights, Oxford New York: Oxford University Press, p. 306, ISBN 9780195336887. Preview.
  77. Flint, Colin (2011), "Network geopolitics: social movements and terrorists", in Flint, Colin (ed.), An introduction to geopolitics (2nd ed.), Milton Park, Abingdon, Oxon New York: Routledge, p. 192, ISBN 9780415667739. Preview.
  78. HRW (June 1993). "Violations by military organizations". In HRW (ed.). The Human rights crisis in Kashmir: a pattern of impunity (PDF). New York: Asia Watch, a division of Human Rights Watch. p. 154. ISBN 9781564320476.
    Also published as a book: Asia Watch Committee (U.S.); Human Rights Watch (Organization); Physicians for Human Rights (U.S.) (1993). "Violations by military organizations". In Asia Watch Committee (U.S.); Human Rights Watch (Organization); Physicians for Human Rights (U.S.) (eds.). The Human rights crisis in Kashmir: a pattern of impunity. New York: Human Rights Watch. p. 154. ISBN 9781564321046.
  79. ^ Karisson, Bengt G. (2011), "Nature and nation", in Karisson, Bengt G. (ed.), Unruly hills: a political ecology of India's northeast, New York: Berghahn Books, pp. 51–52, ISBN 9780857451057. Preview.
  80. Staff writer (18 July 2011). "Rape and murder in Uttar Pradesh". BBC News.
  81. "Table 7.2: Incidence (I), Rate (R) and Percentage Contribution to All India Total of Crimes (P) Committed Against Scheduled Castes During 2007", Crimes in India 2007 (Chapters 5–7) (PDF), National Crime Records Bureau (NCRB), Ministry of Home Affairs, Government of India, archived from the original (PDF) on 14 October 2015
  82. Crimes in India 2013 (PDF). National Crime Records Bureau (NCRB), Ministry of Home Affairs, Government of India. 2014. Archived from the original (PDF) on 17 October 2015.
  83. Bhowmick, Nilanjana (31 August 2012). "Gujarat riots: new court verdict raises the heat on Narendra Modi". Time. Retrieved 6 May 2014.
  84. Vasundhara Sirnate (1 February 2014). "Good laws, bad implementation". The Hindu. Chennai, India. Retrieved 1 February 2014.
  85. Butalia, Urvashi (2011), "Gender in the construction of nations", in Dobhal, Harsh (ed.), Writings on human rights, law, and society in India: a Combat law anthology: selections from Combat law, 2002-2010, New Delhi: Human Rights Law Network, p. 598, ISBN 9788189479787. Preview.
  86. Žarkov, Dubravka (2007), "Troubles with the victim", in Žarkov, Dubravka (ed.), The body of war: media, ethnicity, and gender in the break-up of Yugoslavia, Durham: Duke University Press, p. 172, ISBN 9780822339663.
  87. Mathur, Aneesha (11 April 2013). "Men falsely accused of rape should be rehabilitated". The Indian Express. Retrieved 29 May 2013.
  88. "Women sometime file rape cases as weapon for vengeance:High Court". newindianepress.com. 25 May 2013. Archived from the original on 11 January 2014. Retrieved 29 May 2013.
  89. Jaleel, Imtiaz (3 August 2014). Das, Mala (ed.). "Shiv Sena backs senior cop, says making rape charges is now 'fashion'". NDTV.
  90. ABP Live (3 August 2014). "ABP News debate: Is Shiv Sena trying to protect rape accused?". ABP News.
  91. "Rape laws are being misused today: B.N. Srikrishna". The Hindu. 23 April 2022. Retrieved 27 August 2023.
  92. Jolly Joanna (8 February 2017). "Does India have a problem with false rape claims?". BBC News. Retrieved 26 September 2017.
  93. Dhillon, Amrit (11 February 2019). "'Spare innocent men anguish': India ruling aims to end false rape claims". the Guardian. Retrieved 27 August 2023.
  94. HRW (October 1991), "India", in HRW (ed.), Abdication of responsibility: the Commonwealth and human rights (PDF), New York: Human Rights Watch, p. 14, ISBN 9781564320476.
  95. Chatterji, Angana P. (2012), "Witnessing as feminist intervention", in Loomba, Ania; Lukrose, Ritty A. (eds.), South Asian feminisms: contemporary interventions, Durham: Duke University Press, p. 194, ISBN 9780822351795. Preview.
  96. Press Council of India (1991), "Foreword", in Press Council of India (ed.), Crisis and credibility: report of the Press Council of India, January and July 1991, New Delhi: Lancer International, pp. 10–13, ISBN 9788170621522. Preview.
  97. Staff writer (31 May 2014). "Perceived government inaction over rape and murder of two teenage girls sparks public anger". India'sNews.Net. Archived from the original on 31 May 2014. Retrieved 31 May 2014.
  98. See:
  99. Staff writer (16 March 2013). "Swiss woman 'gang-raped' in central India". BBC News. London. Retrieved 16 March 2013.
  100. Udas, Sumnima (17 March 2013). "Police: Swiss tourist gang-raped in India". CNN. United States. Retrieved 17 March 2013.
  101. The Associated Press (18 May 2013). "6 charged with gang rape in India after Swiss attacked". CBC News. Canada. Retrieved 23 March 2014.
  102. Pearson, Natalie Obiko (22 January 2015). "India's message to women: come visit, we'll become safer". Bloomberg News. Retrieved 17 March 2015.
  103. Kazmin, Amy; Singh, Jyotsna; Inagaki, Kana (5 January 2015). "Latest rape case adds to fears for Indian tourism industry". Financial Times. Retrieved 17 March 2015.
  104. Nelson, Dean (31 March 2013). "Female tourists shun India after rape attack". The Daily Telegraph. Retrieved 30 October 2016.
  105. UNWTO (2014), "Regional results: Asia and the Pacific - fourth consecutive year of robust growth", in UNWTO (ed.), UNWTO Tourism highlights 2014 edition, Madrid: World Tourism Organization, p. 9, doi:10.18111/9789284416226, ISBN 9789284416226.
  106. Staff writer (6 December 2014). "India logs 10% rise in foreign tourist arrivals". Times of India. Retrieved 26 March 2015.
  107. Paris, Natalie (6 January 2015). "India tourism fears after latest rape". Daily Telegraph. London. Archived from the original on 12 January 2022. Retrieved 17 March 2015.
  108. Mail Today Bureau (17 April 2015). "Indian tourism on a mission mode to work on many aspects to boost influx of tourists". India Today.
  109. Buncombe, Andrew (17 December 2009). "Goa MP says rape after midnight 'not a crime'". The Independent. London.
  110. ^ PTI (15 December 2009). "Goa MP Shantaram Naik says some women invite rape". DNA India. Retrieved 24 December 2012.
  111. ^ "Section 376A, The Criminal Law (Amendment) Act, 2013" (PDF). The Gazette of India. Government of India. 2013. Archived from the original (PDF) on 7 November 2013.
  112. "Section 53 in The Code Of Criminal Procedure, 1973". indiankanoon.org. Retrieved 27 October 2017.
  113. Viswanathan, T.K. "The Code of Criminal Procedure (Amendment) Act, 2005" (PDF). mha.nic.in. Archived from the original (PDF) on 27 October 2017.
  114. Roy, Rajesh (21 March 2013). "India parliament clears tough rape law". The Wall Street Journal.
  115. PTI (19 May 2013). "No two-finger test for rape: SC". The Hindu. Retrieved 18 October 2013.
  116. "Two-finger test should be stopped with immediate effect: SC". The Times of India. 20 May 2013. Archived from the original on 8 June 2013. Retrieved 18 October 2013.
  117. PTI (3 November 2015). "Child born out of rape has right over assaulter's property: High Court". The Hindustan Times.
  118. PTI (3 November 2015). "Child born out of rape has right on assaulter's property: Allahabad HC". DNA India.
  119. "Writ Petition No.8210 (M/B) of 2015 "A" through her Father "F" Versus State Of U.P. Thru Prin. Secy., Med. & Health Ser. & Ors". Allahabad High Court. 3 November 2015.
  120. "Sex offenders' registry launched with 4.4 lakh entries". The Hindu. Retrieved 20 September 2018.
  121. ^ Sharma, Amol; Agarwal, Vibhuti (25 January 2013). "India rape case tests fast-track courts". The Wall Street Journal.
  122. ^ Timmons, Heather (24 January 2013). "Rape Trial challenges a jam in India's justice system". The New York Times.
  123. Kadyan, Sneha; Unnithan, N. Prabha (7 July 2023). "The Continuing Non-Criminalization of Marital Rape in India: A Critical Analysis". Women & Criminal Justice: 1–14. doi:10.1080/08974454.2023.2228790. ISSN 0897-4454.
  124. Nelson, Dean (14 March 2013). "Men can still rape their wives in India after new Government bill". Daily Telegraph. London. Archived from the original on 12 January 2022. Retrieved 18 July 2013.
  125. Kinnear, Karen L. (2011), "Background and history", in Kinnear, Karen L. (ed.), Women in developing countries: a reference handbook, Santa Barbara, California: ABC-CLIO, pp. 26–27, ISBN 9781598844269. Preview.
  126. Chaturvedi, Amit (1 March 2013). "Marital rape not criminal offence: MPs committee backs govt". NDTV. Retrieved 16 April 2013.
  127. ^ Mandal, Saptarshi (2014). "The Impossibility of Marital Rape: Contestations around Marriage, Sex, Violence and the Law in Contemporary India". Australian Feminist Studies. doi:10.1080/08164649.2014.958124. S2CID 141826626 – via Taylor and Francis.
  128. "Section 375 in The Indian Penal Code". indiankanoon.org. Retrieved 3 November 2017.
  129. ^ "SC says marital rape can't be considered criminal: Tradition doesn't justify assault, child marriage". Firstpost. 11 October 2017. Retrieved 3 November 2017.
  130. "SC says sex with child bride is rape, remember the Centre put marriage above child rights". The News Minute. 11 October 2017. Retrieved 3 November 2017.
  131. Yamunan, Sruthisagar. "Child marital rape is now illegal. It is time to criminalise adult marital rape too". Scroll.in. Retrieved 3 November 2017.
  132. Ghosh, Abantika (21 February 2017). "Same-sex attraction is OK, boys can cry, girl's no means no". The Indian Express. Retrieved 21 February 2017.
  133. FE Online (21 February 2017). "Homosexual attraction is OK; 'NO' means no: Health Ministry rises above Indian stereotypes". The Financial Express. Retrieved 21 February 2017.

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