Reactionary Nature of Evolution of Rape Laws in India

ABSTRACT

Rape can be understood as a crime against the bodily integrity and sexual autonomy of women. Throughout most of the history women had no rights and were treated as mere property or chattel, therefore, rape was viewed as crime committed by one man against the property of another. Eventually, the rape laws were formed over the decades and jurisprudence evolved as the number of cases increased. Because of some brutal cases that led to several major amendments in laws. However, these laws have hardly been able to act as deterrent against the crime. The growing need for change in rape laws gathered momentum with the growth and awareness of feminism in the Society. The shift in the cultural beliefs and norms lead to significant changes in the definition of rape as a crime. Despite the progressive reforms in the rape laws, the ground reality of rape cases stayed the same. It is only with every brutal rape case that shatters the cocoon of nonchalance of the Society does the Legislature and Judiciary rise and take note. This has led to a system where laws have evolved to be reactionary in mature, rather than preventive. This Article aims to explore the impact such reactionary laws have had on the crime of Rape as a whole. It does so by charting the path of rape law amendments in India, each of which has been preceded by a horrible, brutal rape so repulsive, that the Society protested.

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