Rape: India’s unfinished battle for true independence

By Anchal

Student, BBA. LL.B. Chandigarh University

Rape: India’s unfinished battle for true independence – India celebrated 78^th independence day this year but women in India are still at war. A war with justice, a war with society, a war with patriarchy, a war with mentality, a war with herself and a war she never started. We got independence from Britons but crimes against women in India is extending day by day . For instance rape, which is the monstrous and barbarous crime but now it has been a long struggle which women are still struggling with and their lives are rotten.

Based on history women had no rights and were treated as a common property and therefore, rape was considered as a crime only in the matter of violation of property of another man. As time is evolving ,there is a huge shift in the cultural belief which changed the definition of rape as a crime. Section 375 of IPC 1860 defines rape. The POCSO Act 2012 deals with the sexual offences against the children. There are six rights for the victims of rape. Right to zero FIR, free medical treatment in any private hospital, no two finger testing, trauma free and time bound investigation with hundred percent dignity, protection , right to compensation. The main purpose of this article is to make aware the women about their rights and stop this brutal crime to create a safer society cause there are many horrific cases which blowed our mind.

For instance, Kolkata rape case reminds us of what we have truly achieved as a diverse, democratic, and independent nation. A nation that rejoices as Manu Bhaker which brings glory to the country, but a nation where a girl who dreamt of saving innocent lives was brutally raped and killed with every line of humanity has been crossed which is so horrific . This case reminded me of 2012 the most horrific gang rape case which shocked the entire nation and compelled to make tougher laws i.e. criminal amendment act 2013 and that case was referred as Nirbhaya rape case. Under the amendment Act, of 2013 the minimum sentence of rape was altered from seven years to ten years . Furthermore, in cases which resulted in the death of the victim being left in a vegetative state, the minimum sentence has been duly increased to twenty years, However, under the case cited above since one of the accused was still a minor, he had to be tried as a juvenile at that time & thus this one specific accused escaped the complete brunt of the law despite being 17 years old & just a few months shy of becoming an adult.

I read many messages and watched many reels and videos on social media and it made me feel like a mockery . when the nation and the people of nation declaim the fable of bravery, war and freedom . As a female, it feels really unsafe to walk alone.On the auspicious day of Independence day people come together and hoist the national flag and sing national anthem but our battle for independence is still unfinished cause some day ,some times an innocent girl or a women is killed with tears of blood in their eyes and with unsaid words and pain that can’t be imagined by anyone and the leaders are busy in criticising each other. There were many rules and regulations that were made for the safety and security of women but there are few monsters who says that it is womens dress,not their evil mind or it was womens fault to wonder at night not their mentality. Then what made a 40 year man to rape a seven year old girl.Do we actually think that we evolve as a society?

We celebrate independence day every year but let’s not forget to protect our daughters. They are also the future of this nation . Rape is actually a question on our humanity .There should be more tough and harsh laws to stop these kinds of crime and make an idle society, where we can breath safely and embrace the true beauty of independence.