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The Dynamics of Rape in Modern Indian Society

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... a high profile case pricked the conscience of the nation A 23 years female ... of rape against father not ... Social Change Mahatma Gandhi: ... – PowerPoint PPT presentation

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Title: The Dynamics of Rape in Modern Indian Society


1
The Dynamics of Rape in Modern Indian Society
  • V.K. Madan, PhD
  • Senior Professor
  • Department of Electronics Communication
    Engineering
  • Kalasalingam University, Krishnankoil, India
  • and
  • R.K. Sinha, PhD
  • Ex-Professor Head
  • Department of Extra Mural Studies
  • International Institute of Population Sciences,
    Mumbai, India

2
Inspiration for AILC 2013 Heidi and
Antheil  
  • Heidi Lamarr and George Antheil invented Spread
    Spectrum Communication technique. It also serves
    basis of Bluetooth, Wi-Fi, and CDMA technology
  • Heidi worked as actor and Antheil as musician in
    Hollywood, at night worked to invent secret
    electronics communication
  • Heidis sobriquet was "the most beautiful woman
    in the world, and Antheil was an avant grade
    musician
  • Also was inspired by earlier research in
    population sciences, and credit courses in
    Sociology, Economics, and Modern Art
  • Started with Religion and Crime, shifted to
    the Present Topic

3
Crime
  • malum in se wrong in itself (legal), evil
    (moral). For example rape, theft, murder etc.
  • malum prohibitum legally prohibited. For example
    improper use of inside information, tax avoidance
    etc.

4
Recent Media Coverage
4-year-old Mumbai girl raped by school bus
cleaner Pradeep Gupta, TNN Sep 15, 2013, 01.30
AM IST
Swiss government 'profoundly shocked' by
gang-rape of its national in India Press Trust of
India Updated March 17, 2013 1731 IST
Not Again A Gang Rape in Mumbai Leaves India
Reeling By Mansi Choksi / Mumbai Aug. 23, 2013
ForbesWoman 1/02/2013 _at_ 1137AM Rape Every 20
Minutes For The World's Largest Democracy?
5
Recent High Profile Case
  • In Dec. 2012, a high profile case pricked the
    conscience of the nation
  • A 23 years female student was gang raped in a
    moving bus with unimaginable acts of cruelty
  • Unprecedented protests in the country
  • The Govt. acted swiftly to contain the crime

6
India
  • Rape is horrific fact of life, and has increased
    sharply in recent times
  • UN Sec. Gen protect women
  • UN Human Rights High Comm rape a national
    problem
  • Govt acted swiftly and took more strict measures
  • Rape is a challenge to the contemporary thinking.
    It is perhaps the most difficult crime to deal
    with including legally.

7
Women in India
  • Divine personification of feminine power was and
    is known as Shakti
  • Gender Equality in the Constitution
  • Women occupy position of leadership in most
    fields
  • In most walks of life, women are seen in plenty
    including jobs, college goers etc.

8
https//www.maavaishnodevi.org/
9
Shri Mata Vaishno Devi University Fund Shrine
Board also UGC
  • Pilgrims going to Mandir

10
Indian Laws for Crime
  • The Indian Penal Code (IPC) is the fundamental
    document describing an exhaustive list of all
    cases of crime and punishment.
  • IPC prepared in 1860 with 511 sections
  • Jammu and Kashmir Ranbir Penal Code (RPC)
  • IPC was adopted on independence by Pakistan,
    Bangladesh, Burma, Sri Lanka, Malaysia,
    Singapore, and Brunei and remains basis of
    criminal codes in these countries
  • IPC amended time to time

11
Indian Penal Code (IPC)
  • Maxim of IPC actus non facit reum, nisi mens sit
    re meaning guilty act has guilty mind
  • Crime actus reus and mens rea (subjective)
  • In IPC mens rea intentionally, knowingly,
    voluntarily, fraudulently, dishonestly

12
Indian Penal Code 375 and 376
  • IPC section 375 and section 376 refer to rape
  • Section 375 refers to rape
  • Section 376 refers to punishment
  • IPC 375 in a circumstance like against her
    will, without her consent under false promise,
    consent by coersion, with her consent, when she
    has unsound of mind or intoxication, she is
    unable to understand the nature and consequences
    of that to which she gives consent, or with or
    without her consent, when she is under sixteen
    years of age
  • IPC 376 a minimum punishment of seven years
    for the perpetrator. The punishment covers an
    exhaustive list like punishment for a public
    servant, police, and gang rapists.

13
Recent Amedments in IPC 375 376
  • Justice Verma Committee recommend amendments
  • Criminal Law (Amendment) Act 2013
  • Age of consent from 16 to 18 years
  • In 375 IPC the word rape replaced with sexual
    assault. Lack of physical resistance does not
    matter unlike in Germany
  • In 376 IPC minimum punishment of 20 years , and
    in extreme cases death penalty
  • Marital rape above 15 years of age of woman not
    crime
  • New offences added like acid attack, sexual
    harassment, voyeurism, stalking with related
    punishments

14
Legal Definition of Rape A space time function
  • Legal definition of rape can be mathematically
    modeled as a space time function as it keeps
    evolving and depends on region of the world
  • Marital rape was a crime in US but no more
  • Legal definition of rape redefined in USA and
    India in 2013, however is different
  • 376 IPC for the Dec 2012 high profile case in
    India for juvenile is debatable
  • In Germany the victim has to prove that
    sufficient resistance was put else legally no
    crime. In India it is a legally a crime by IPC
    375
  • In French law in the past marrying without
    parental consent was legally considered a crime
    of rape against father not the woman

15
Judgement Objective or Subjective?
  • Rape two extreme views as liberal and radical
  • Liberal sexual assault, Radical mens rea
  • Perception may vary anywhere from liberal to
    radial
  • Germany In 2012 for a 15 year old victim, the
    judge pronounced Es hätte weglaufen oder Hilfe
    rufen können, aber es hat alles über sich ergehe
    n lassen. Das reicht nicht, um jemanden zu
    bestrafen implying not enough resistance was
    put, and hence legally no crime
  • India The above is legally a crime

16
Laws
  • Laws are spider webs through which the big flies
    pass and the little ones get caught.
  • ? Honoré de Balzac
  • Laws are necessary but not sufficient to contain
    crime including rape
  • Law was forced for Al Capone in USA

17
Anarchism, Moral, and Laws
  • "Into every tidy scheme for arranging the pattern
    of human life, it is necessary to inject a
    certain dose of anarchism.
  • - Bertrand Russell
  • If you follow all rules you can not make good
    music, if you made good music you followed all
    rules
  • Desirable Society should intrinsically have high
    moral and need less laws

18
Indian Rape Statistics and Analysis
  • Quantitative statistical Analysis Descriptive
    Statistics and Correlation Technique
  • 35 Regions of India 28 States and seven Union
    Territories
  • Eleven Socio-Economic-Demographic Predictor
    Variables
  • National Crime Records Bureau and Census Data

19
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20
Socio-Economic-Demographic Predictor Variables
  • Male and Female Literacy
  • Total
  • Rural
  • Urban
  • Sex Ratio
  • Rural and Urban Population
  • Work Participation Rate
  • Men
  • Women

21
Descriptive Statistics Descriptive Statistics Descriptive Statistics Descriptive Statistics
Mean Std. Deviation N
Rape Rate 2.7886 2.04346 35
Male Lit. (T) 85.2717 6.32653 35
Male Lit. (R) 82.3357 7.05876 35
Male Lit. (U) 91.3011 3.54109 35
Fem. Lit. (T) 71.4677 10.48830 35
Fem. Lit. (R) 66.0589 11.31427 35
Fem. Lit. (U) 82.1720 6.23847 35
Sex Ratio 929.30 79.682 35
Rural 61.2140 22.20706 35
Urban 38.7860 22.20706 35
WPR(M) 54.4029 5.11897 35
WPR (F) 26.3114 9.68427 35
22
Statistics Across 35 Regions of India
  • Literacy Male (T), Male (R), Male (U), Female
    (U) std dev is low, while for Female (T) and
    Female (R) is high
  • Work Participation Ratio, std dev is low for
    males and high for females
  • Std dev of rural and urban population is as
    expected exactly the same

23
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24
Rape Rates Across Regions
  • Mizoram has the highest rate of 10.1 per lakh of
    population while Lakshdeep has no reported
    incident of rape.
  • Mizoram high incidents and high reporting.
    Christian ethics of forgiveness is misused with
    little fear of reprisal and grim drug abuse in
    the State
  • Lakshdeep Women enjoy respectful status. About
    40 households headed by women.

25
Variables Rape Rate Rape Rate Rape Rate
Variables Correlation Coefficient Sig. (2-tailed) N
Rape Rate 1.00 0.000 35
Male Lit. (T) 0.022 0.899 35
Male Lit. (R) 0.014 0.938 35
Male Lit. (U) -0.363 0.032 35
Fem. Lit. (T) 0.177 0.308 35
Fem. Lit. (R) 0.178 0.307 35
Fem. Lit. (U) -0.412 0.014 35
Sex Ratio 0.175 0.316 35
Rural 0.197 0.256 35
Urban -0.197 0.256 35
WPR(M) -.080 0.650 35
WPR (F) .287 0.094 35
26
Bivariate Correlation rape rates and predictor
variables
  • Male Lit (U) and Female Literacy (U) has
    significant effect on reduction of rape incidents
  • Correlation does not take independent effect of
    predictors
  • However literacy is the key indicator. It may be
    proxy for development
  • Further research more predictors, and
    application of regression analysis

27
Fresh Look at the Rape Challenge
  • Multidisciplinary perspective besides law and
    enforcement both for analysis and solution
  • Sociological, Cultural, Psychological, Religious
    and more aspects
  • Merging of tools of disciplines
  • Deep insight into the problem fundamentals

28
Social Change
  • Mahatma Gandhi our innermost prayer should be
    a Hindu should be a better Hindu, a Muslim a
    better Muslim, a Christian a better Christian
    puts the religions in the right perspective in
    building character.
  • Elie Wiesel There may be times when we are
    powerless to prevent injustice, but there must
    never be a time when we fail to protest helps in
    gaining inner strength with desirable action even
    in extreme conditions.

29
Conclusion
  • Laws are necessary but not sufficient to contain
    crime including rape
  • High character and moral strength would make the
    human society courageous and free from ills
    including rape
  • Less laws would be necessary

30
Please feel free to email me at KLvkmadan_at_gmail.
com
Thank You
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