Friday, 1 July 2022

Rape AS Weapon

 Rape  As Weapon

In India, the crime rate is increasing day by day, but India is suffering from rape as a problem.   In 2012 India has seen the worst rape case of all time,  it was one of the heinous crimes of the century.  After this case, laws related to rape got more strict and girls got the courage to lodge complaints.

Rape is unlawful sexual activity, most often involving sexual intercourse, against the will of the victim through force or the threat of force or with an individual who is incapable of giving legal consent because of minor status, mental illness, mental deficiency, etc.

In the 20th century, the definition of rape was very different, in past, the definition was narrower and now a rapist can be an adult or a child. In recent times, the rape known as marital rape is increasing but in India, there are no laws related to similar cases of forced prostitution and sexual slavery are rising.

Rape as a Weapon is a type of rape that is done by soldiers in wartime. It is used as a weapon of war, it was first demonstrated during world war –II. In the second half of the 20th century,  around 20 cases of military and paramilitary conflicts were reported. These cases were reported majorly in Yugoslavia and Rwanda. Soon international community recognized rape as the weapon. In the geneva convention, article 27 talked about the protection of a civilian person in time of war, this protection was extended in protocol adopted in 1977. United nation commission on human rights declared systematic rape and military sexual slavery to be crimes against humanity that are punishable and violate women's rights. In 2008, UN Security also understood the problem and affirmed that rape and other forms of sexual violence can constitute war crimes, crime against humanity, or a constitutive act concerning genocide.

In 2008, an attempt was made by the government of Congo and various organizations increased their efforts to combat the crime. The greatest silence was a  document that talked about this crime. In 2009 un officials and several human rights and aid organizations reported a large no. of male congo.  

 These organizations have somewhere helped the government to see the reality and also find ways to solve it. 

Case: Shiva @Savaram v. State, in this case,  it was held that a victim of rape is entitled to compensation, this court has to ponder, whether, in the facts and circumstances of the given case, the compensation as an intern measure can be awarded to the victim and if so, what safeguards are to be ensured by the court that the same is not misused. National Commission for Women had prepared a revised scheme for the relief and rehabilitation of rape victims of rape. The scheme revised on 15th April 2010 has noticed the necessity of providing interim compensation to the victim of rape.

No comments:

Post a Comment

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional docum...