What is Rape?
Rape, it is derived from the Latin term which means to seize. It is defined as forced sexual contact or sexual assault that involves sexual penetration without the victim’s consent and involves the use of force or threatening behaviour to coerce someone into having sex when they are not willing.
Section 375 of Indian penal court define the objective;
It states that, A man is said to commit “rape” if he-
- Penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
- Inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or
- Manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or
- Applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person,
Under the circumstances failing under any of the following seven descriptions:
First— Against her will.
Secondly— Without her consent.
Thirdly— With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt,
Fourthly— With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
Fifthly— With her consent when, at the time of giving such consent, because of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
Sixthly— With or without her consent, when she is under eighteen years of age.
Seventhly— When she is unable to communicate consent.
Explanation 1. — For this section, “vagina” shall also include labia majora.
Explanation 2. — Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates a willingness to participate in the specific sexual act:
Provided that a woman who does not physically resist the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.
Exception 1. — A medical procedure or intervention shall not constitute rape.
Exception 2. — Sexual intercourse or sexual acts by a man with his wife, the wife not being under fifteen years of age, is not rape.
In India rape is considered to be the fourth most common crime against women. People of all demographics are affected by the widespread problems of rape and sexual violence. Globally, one in three women have at some point in their lives experienced intimate partner violence physical or sexual- or non-partner sexual assault, according to the World Health Organization (WHO). Male victims are not common, but because of social stigma, they are frequently underreported. Violence of this kind has severe long-term health effects in addition to physical harm and psychological distress.
The Potential of a Small Step to Prevent Rape in India: Sex Education
In India, Sex Education has begun, especially for young people, to counteract the culture rape. The physical and psychological effects of rape can be catastrophic for victims, making it a grave crime. Fighting the culture of rape and promoting safer sexual behaviours require comprehensive sex education that covers consent, communication, and healthy relationships.
Why Sex Education is Important in modern-day India?
14-yr-old held for raping twin sister
Bengaluru: In a shocking incident, a 14-year boy has been charged with raping his twin sister in north Bengaluru. Their parents had bought them a smartphone, which they used to watch porn videos. They allegedly engaged in a physical relationship in the guise of playing a game of ‘father and mother’. After the girl complained of a menstrual problem, her mother
took her to a doctor and was shocked to discover she was pregnant. Asked how it happened, the girl revealed her brother was responsible for it.
Adolescents who commit acts of sexual violence frequently do so due to ignorance, disinformation, or internalization of negative social standards. It is crucial to address these underlying issues through education. Comprehensive sex education can address the lack of awareness among teenagers and adults and counter disinformation from the internet in a society where discussing sex is frowned upon. Sex education can lead to better decision-making, better sexual health, and a safer future for India’s kids by shattering social taboos, educating at the proper age, and involving parents and teachers.
Teens in India can benefit greatly from sex education in many ways, and it is essential for their social, emotional, and physical health. Among the principal benefits is, Knowledge-based empowerment: Teenagers may make educated decisions about their bodies and relationships by having access to appropriate knowledge about gender identity, sexual orientation, puberty, and reproductive health through sex education. An educational method known as comprehensive sex education addresses a wide range of subjects of human sexuality, such as anatomy, reproduction, consent, healthy relationships, gender identity, and sexual orientation. In contrast to programs that focus just on abstinence, comprehensive sex education gives kids factual, age-appropriate information that helps them get ready for the challenges of adult relationships and sexual health.
Analysis of national crime records bureau (NCRB) data between 2017 and 2021 shows that 7,111 juveniles were involved in rape, of whom 1,756 were aged between 12 and 16 years, while 80 were aged under the age of 12.
Encourage teenagers to consider their own limits as well as those of others when they are having a conversation about boundaries. Teach them that it’s acceptable to refuse at any moment and that they shouldn’t ever feel compelled to partake in any kind of sexual activity. This also includes talking about effective ways to communicate these boundaries. Since sex categorization is social, people will use the term “sex category” to refer to sex because it illustrates this social aspect of the designation. It is up to humans to determine the proper classification of a body and its meaning. The need for explicit, enthusiastic, and continuing consent was taught to the students. To comprehend that quiet or the lack of resistance does not imply permission, they investigated many circumstances.
Sex education is vital in many ways. According to research, sex education can help youngsters avoid a variety of mental and health issues like STDs, helps young people avoid unintended pregnancies, and empower them to make educated decisions. understanding the concept of the human body and the functions associated with certain regions of the body. The male-dominated society had different gender roles during adolescence, and society did not educate the basic manners of humanity instead of focused on masculine pride. Teenagers need to understand the meaning of consent and their rights so that they can used in better ways instead of following society’s taboo.
A team at Columbia University, led by paediatrician and professor John Santelli, MD, reports that sex education in middle and high school may have protective effects that extend well past graduation. In the study, published in PLOS ONE, the researchers found that students who had comprehensive sexuality education classes, including specific refusal skills training (practice on “how to say no” to sex) before age 18, had a lower risk of experiencing sexual assault during college.
By covering topics like gender equality, body autonomy, and healthy intimacy at a young age, sex education helps develop a culture of respect and empowerment while reducing the chance of violence. Education regarding consent, limits, and gender dynamics is critical to breaking the cycle of violence against women and creating a society where sexual assault is less common and more successfully averted. Breaking the cycle of violence against women requires addressing these concerns at an early age. People are less likely to use violence or support it when they are taught to respect the autonomy of others and the value of equality. This lowers the frequency of sexual assault and fosters a culture that categorically rejects such behaviour. Furthermore, by normalizing discussions about these topics, we can dispel harmful stereotypes and misconceptions that commonly encourage violence. For instance, understanding consent enables people to speak clearly and accept the decisions of others, two skills necessary for fulfilling relationships. All things considered, a proactive approach that can significantly lower the prevalence of violence against women is integrating comprehensive sex education into our curricula. It creates a society where sexual assault is less frequent and easier to prevent. We provide the groundwork for a more secure and equitable future by educating and respecting young people.” A society that invests in comprehensive sex education values equality, safety, and respect for all of its members. By teaching our kids about autonomy, consent, and healthy relationships, we build a future in which respect is the standard and violence is not tolerated. By giving people the knowledge and abilities to identify and honour boundaries, we foster an environment where everyone is accepted and feels safe. In addition to preventing negative outcomes, comprehensive sex education seeks to promote a culture in which all people are valued and healthy, consensual relationships can thrive. Future generations will benefit from our proactive efforts to ensure that the principles of equality and respect are ingrained in every facet of our society.
Contributed By: Arzoo Kala (Intern)