Rape And Sexual Assault : The Legal Paradigm

2931 Words12 Pages
PREETI MANOCHA
MPP23-2014
CONSTITUTIONALISM: RIGHTS & INSTITUTIONS
RAPE & SEXUAL ASSAULT: THE LEGAL PARADIGM
Introduction
“Rapes have spiralled as a lost generation of jobless, ill-educated men has reached adulthood and sought refuge in violence."
Kishwar Desai (2014)
According to the National Crime Records Bureau’s statistics, the number of rape cases has risen from around 15,000 to 25,000 in a 12-year period (2001-2012). This surge can be attributed to the changing dynamics of the Indian society wherein women are acquiring a greater role outside their homes and challenging the deeply-rooted patriarchal setup of the Indian society. According to Desai (2014), unemployment and poverty prevalent among the young men has led them to reassert their identities through violence. Moreover, growing sexual awareness and media scrutiny among women has also ensured that more cases of abuse against them are reported. The public awareness generated through the reportage of recent rape case including the Delhi gang rape case, Badaun rape case and the rape of a minor in Bangalore has pushed the issue of women’s rights and security in the public discourse as well. This necessitates that the legal mechanisms also evolve with the changing dynamics of the Indian society which ensure that the constitutional rights of women are protected.

Through this paper, I seek to analyse the legal framework which regulates the cases of rape and sexual assault against women, particularly in light of
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