top of page

HATHRAS RAPE CASE

A 19-year-old Dalit girl from Bulgadhi village in Hathras was gang-raped by four men belonging to the so-called 'upper caste.' The state said that an FIR was registered on September 14 when the girl was brought to the Police Station and alleged Gang Rape. The Aligarh hospital conducted the forensic examination on September 22 and opined no medical evidence of rape.


After refusing many times, the father finally agreed to shift the girl to Safdarjung hospital on September 28. She died the next day, opined by the hospital that she died of neck injuries.

hathras case(rape_law)
.pdf
Download PDF • 326KB

The state said though the state police have diligently

Investigated the crime as and when the charges were made and modified by the victim while being treated in the hospital, it has requested the Centre for a CBI probe finding vested interests and political parties trying to take undue advantage and tarnish the image of the state and the great Chief Minister by peddling false and motivated narratives through social and other media.

Rape never happens in individuality, and it is never the first step. No one is born a rapist, and there is always a process that leads to the making of a rapist. The justice system in this country must recognize that capital punishment would not manage the process behind a rapist's birth single-handedly. As a society, we have a more significant role in recognizing and curbing the factors that perform an unnoticed yet significant role in India's rape culture growth.

Rape Laws: The Rape Laws were first introduced in the Indian Penal Code in the year 1860. According to the Indian law, section 375 of the Indian penal code delineates the criminal offense of rape and provides that a man is said to commit rape on a woman when he has sexual intercourse with her under any of the following circumstances:

1) Against her Will

2) Without Her Consent

3) With her consent but such consent being procured by putting her or any person close to her in fear of causing hurt or death.

4) With her consent but such consent being given by her, she believesthat he is the man she has been lawfully married but the man being apprised of not being her husband.

5) With her consent but at the time of giving such consent, the woman was impuissant to apprehend the nature and consequences of her consent

6) With or without her consent, when the woman is of 16 years.

Consent vs. Will:Rape is committed against her Will AND consent. An act done against her Will is broader than Act done against consent.An Act did with the consent, but against her,Will is to be considered as Rape(Forced consent).

Exceptions under rape:It has been provided under this section of that the Act of sexual intercourse will not be considered as rape in the following cases:

1. When the man does it with his wife, the wife is not under 15 years of age.

2. A medical procedure or intervention shall also not constitute rape.

In our current social climate, where rape myths have a more prominent voice than survivors, it is estimated that every 98 seconds, a sexual assault happens. One in three women and one in six men experience some form of sexual violence in their lifetime. Those who identify as transgender or bisexual face the highest rates of sexual violence, and every 8 minutes, a claim of child sexual violence is substantiated. By investing in prevention education, you can help change these statistics. I do not doubt that together with me by writing these blogs and you through sharing them; we can end rape culture.

Injustice anywhere is a threat to justice everywhere.

29 views0 comments

Recent Posts

See All
bottom of page