The Biased Law

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The Section 375 and 376 of the Indian Penal Code,1860 criminalises rape and gives clear markers for what constitutes rape but it is heartbreaking to know that in our country a monstrous crime like "Rape" isn't treated the way it should be even in the law, let alone the society. The judgement of various rape trials are influenced by the presumed, preconceived notion of a "distressed victim". To speak of few, Rakesh B. Vs. State of Karnataka - accused granted bail on the grounds that Indian women do not sleep after being "ravished". Pratap Mishra Vs. State of Orissa - absence of injuries on the body of the survivor negated rape allegation. Raja Vs. State of Karnataka - Survivor's conduct wasn't of a rape victim as she wandered around at night instead of hurrying home. Vimal Kamble Vs. Chaluverapinake - Prosecutrix (The female victim of a crime) did not raise an alarm which is indicating consent. Mahmood Farooqui Vs. State - A feeble "no" cannot constitute lack of consent. Their presumptions of the behaviour of the survivor prior to, during and after rape, their definition of a so called "correct reaction " to rape which includes physical condition and the decibel levels of voice of the victim is in itself a huge bias which puts an enormous pressure on the already hurting survivor and that eventually turns out to be the reason why women are reluctant to report these crimes, why they rather choose to remain silent and see their perpetrators at large than making them pay for what they did because they are all aware that there are fixed standards for them in every sphere of life and every section of society which they are expected to adhere to, painfully, even in their last resort of justice, the Law!