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Description
The most dreaded, yet the most frequent; the most tabooed, yet the most discussed; the most traumatic, yet the most discarded: possibly, that is how one would describe the term 'rape'. The gravity and brutality of the offence has drawn concerns from all quarters; yet the offence has continued unabated, with abysmally low conviction rates, even lighter and sometimes erratic sentencing patterns and unsympathetic treatment of its victims.
Rape Laws in India is a bold attempt on the part of the author to encourage a debate amongst the policy makers, judges and academicians, It analyses core issues in rape laws in force in India. The subject has been dealt with comprehensively, while unearthing the historical influences in the laws, revealing the patriarchal overtones, and criticizing the conventional and conformist traditions of judicial decision making. The entire development of the law has been traced, with emphasis on shifting concerns and focus. The numerous legislative amendments redefining the offence, enhancing punishment and procedural technicalities have been discussed, as also the judicial activism of the nineties, which contributed significantly through rights assertion and protective decision making. Apt references to international developments and municipal laws of nations have been provided in order to give a comparative treatment to the subject. Emerging issues in rape laws in India and practicable suggestions find a place in the book. Overall, it attempts an informative and critical study of the subject from diverse perspectives.
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Contents
Chapter 1 - Introduction
1.1 - Overview
1.2 - Concept of rape in ancient times
1.3 - Present position
1.3.1 - Provisions of the Indian Penal Code 1860
1.4 - Magnitude of the problem
1.5 - Judicial perspective
1.6 - Position of victims in the justice process
1.6.1 - Compensation to Victims
1.7 - Conclusion
Chapter 2 - Rape - an Evolutionary Sketch and Conceptual Analysis
2.1 - General introduction
2.2 - Historical perspectives
2.2.1 - Status of a Woman in Ancient Indian Society
2.2.2 - Societal Attitude towards Rape
2.2.3 - Philosophy Underlying the Offence
2.3 - Conclusion
Chapter 3 - Legislative Approach towards Law of Rape
3.1 - General introduction
3.2 - Violence against women - international strides
3.2.1 - United States of America
3.2.2 - Germany
3.2.3 - Australia
3.2.4 - China
3.2.5 - India
3.3 - Emerging trends in the laws of rape
3.3.1 - Proposed Sections 375 and 376
Chapter 4 - Judicial Discourse on Rape Laws
4.1 - General introduction
4.2 - Phase I: Before Mathura
4.3 - Phase II: Mathura rape case and after
4.4 - Phase III: the position following the Criminal Law (amendment)
Act 1983 (1984-2006)
4.4.1 - Judicial Approach during the Period 1984-1989
4.4.2 - Judicial Activism in the Nineties (1990-1999)
4.4.3 - The Millennium (2000-2003)
Chapter 5 - Victimological Orientation of Rape Laws
5.1 - General introduction
5.2 - Victimology - an overview
5.3 - International developments
5.4 - Indian criminal justice system Vis-A-vis victims of crime
5.4.1 - Legal Position Pertaining to Compensation of Victims
5.4.2 - Approach towards Rape Victims
5.5 - The future course
Chapter 6 - Conclusion
6.1 - Conclusion
6.2 - Suggestions
6.2.1 - Widening the Ambit of Rape
6.2.2 - Recognition of Marital Rape
6.2.3 - Gender-Neutral Approach
6.2.4 - Sentencing Policy
6.2.5 - Speedy and Fair Investigation and Trial
6.2.6 - Scientific Investigation
6.2.7 - Special Courts Headed by Women Judges
6.2.8 - Role of Judges
6.2.9 - Compensation to Victims
6.2.10 - A Path Breaking Initiative
6.3 - Concluding remarks
Annexures
Annexure I - Relevant Statutory Provisions
Annexure II - International Instruments
Annexure III - Scheme for Relief and Rehabilitation of Victims of Rape
Index
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Author Details
Dr. Dipa Dube is currently an Assistant Professor at the Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology, Kharagpur. She completed her Master's Degree from the University of Pune, securing first position. She thereafter completed her doctoral degree from the University of Calcutta. Dr Dube specializes in the area of criminal law and is actively associated with issues concerning women, children, and criminal justice systems. She has previously worked with the National Law University (Jodhpur) and National University of Juridical Sciences (Kolkata) in the capacity of researcher as well as faculty. Dr Dube has several national and international publications to her credit.
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