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The Dynamics of Rape in Modern Indian Society

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

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The Dynamics of Rape in Modern Indian Society

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  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 forAILC 2013Heidi 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 Heidi’s 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 17:31 IST Not Again: A Gang Rape in Mumbai Leaves India Reeling By Mansi Choksi / Mumbai Aug. 23, 2013 ForbesWoman 1/02/2013 @ 11:37AM 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 UniversityFund: 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. Socio-Economic-Demographic Predictor Variables Male and Female Literacy Total Rural Urban Sex Ratio Rural and Urban Population Work Participation Rate Men Women

  20. 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

  21. 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.

  22. 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

  23. 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

  24. 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.

  25. 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

  26. Please feel free to email me at:KLvkmadan@gmail.com Thank You

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