Outlining the Legal Landscape of Rape Laws in India

Abstract

The rape law of the country has been in much deliberation over the past few years given the tragic incident of Nirbhaya (fearless) in the national capital of Delhi. Several amendments have been introduced by the Criminal Law Amendment Act 2013 to ensure speedy and effective justice to women subject to the barbarity of rape. However, to what extent is the law garnered to protect the interests of women remain a pertinent question, especially since the law is predominantly colonial in origin, imbued with patriarchal overtones, and reminiscent of the then position of women in England. Over the past few decades, the landscape of rape law has witnessed profound changes, gradually moving away from the concept of ‘owned’ property to ‘independent’ beings, and the latest amendments have strengthened the point. The present paper traverses the entire realm of rape law since its conception till date, and outlines the future issues of concern which call for attention and reformation.

Keywords: Rape, Criminal law, victims, Nirbhaya