The basis of discussion in this article is the recent development in Japanese law aimed at enhancing legal protections for minors in cases of sexual crimes. The discussion further delves into the legal provisions against rape in an Indian context and an exploration of the challenges surrounding rape and its pervasiveness. The article outlines the laws related to rape in India, victims’ rights, and important judgments. The aim is to foster an understanding of the complexities surrounding sexual crimes.
New Legal Measures Introduced by Japan for Minors
In an aim to strengthen the legal safeguards for minors against rape and sexual crimes, Japan recently enacted a bill incorporating vital measures.
Firstly, the definition of rape has been broadened from “forced sexual intercourse” to “non-consensual sexual intercourse.” This particular change seeks to cover a wider range of scenarios where victims may be unable to express their refusal or lack of consent to engage in sexual activities.
Secondly, Japan has raised its age of consent from 13 to 16 years, which is similar to many United States states and European countries including the UK, Finland, and Norway. The age of consent refers to the minimum age at which sexual activity is legally permissible, with any violation considered statutory rape.
Thirdly, a new offense known as “visitation request offense” has been introduced, targeting individuals who exploit intimidation, seduction, or money to coax children under the age of 16 to meet for sexual purposes. Offenders may face up to a year in prison or a fine of 500,000 yen (USD 3,500). The revised law also criminalizes “photo voyeurism” and grooming children online for sexual purposes.
The Provisions Against Rape in the Indian Context
According to Section 375 of the Indian Penal Code (IPC), rape is defined as forced sexual intercourse, including vaginal, anal, or oral penetration. The act might involve a body part or any object, and the diversity of circumstances includes against her will, without her consent, obtaining her consent through fear of death or harm, obtaining her consent unknowingly, and when she is unable to communicate consent.
While crimes of rape lead to certain punishments, instances where the assault results in severe injuries, leading to the victim’s death or sending them into a vegetative state, can result in a death sentence or lifetime imprisonment for the accused. In cases of gang rape, each individual involved can face punishment (section 376D IPC). Section 376E of IPC allows imposition of the death sentence if a person is convicted for rape for the second time.
Why Rape is so Prevalent in India?
Several factors contribute to the pervasive nature of rape in India. These include deep-rooted gender inequality, patriarchal attitudes, regressive societal norms, lack of awareness, inadequate law enforcement, slow judicial processes, social stigma, and victim-blaming tendencies.
Laws Related to Rape in India
Significant laws related to rape in India encompass the Criminal Law (Amendment) Act 2013, which altered the minimum sentence for rape from seven years to ten years, and the Protection of Children from Sexual Offences Act, 2012 (POCSO), enacted to shield children from sexual harassment, assault, and pornography.
The Rights of a Rape Victim
Indian law ensures several rights for victims of rape, including the right to zero FIR, free medical treatment, no two-finger test, and compensation.
Important Judgements Related to Rape in India
India has witnessed some landmark judgments related to rape, which include the infamous Mathura rape case (Tukaram and Ganpat vs State of Maharashtra 1972), State of Punjab vs Gurmit Singh 1984, Delhi Domestic Working Women v. Union of India 1995, B. Gautam v. Shubra Chakraborthy 1996, and Chairman, Railway Board vs. Chandrima Das 2000.
Way Forward
Addressing rape crimes requires a multi-faceted approach that includes stricter laws, harsher sentencing, expedited judicial processes, gender equality, educational initiatives, support and empowerment for victims, victim-friendly police and court procedures, and improved investigation methods.