A Critical Review of Rape Laws and Its Application in India

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Article

Date

2024-03

Journal Title

Indian Journal of Law and Justice

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Bandyopadhyay, Rathin

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University of North Bengal

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Mishra, D. K. (2024). A Critical Review of Rape Laws and Its Application in India. Indian Journal of Law and Justice, 15(1), 194–206. https://ir.nbu.ac.in/handle/123456789/5245

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Mishra, Dhiraj Kumar

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Abstract

Rape is a heinous crime that has serious physical, psychological, and social consequences for victims. In India, the National Crime Records Bureau has reported a significant increase in rape cases, raising concerns about the implementation and application of laws in the country governing the subject. This study presents a critical review of existing rape laws and its application in India with the help of judicial decisions including the role of the media and societal perceptions of rape in shaping legal outcomes. It provides a valuable insight into the current state of affairs and can serve as a basis for further research and policy development. Our findings highlight significant disparities and inconsistencies in the application of rape laws across the country, with variations between states and even within the same state. Despite legislative reforms, social and cultural factors often influence the legal treatment of rape cases and justice is often delayed and denied for victims. The study concludes by recommending measures that can be taken to ensure the effective application of rape laws such as increased gender sensitization among judicial authorities and better support systems for rape victims.

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Volume Number

15

Issue Number

1

ISSN No

0976-3570

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194 - 206

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