Introduction

Rape is usually defined as having sexual intercourse with a person who does not want to or cannot consent. Consent is when someone agrees of their own choice without being forced to. Rape is a form of sexual assault. In most countries, rape is one of the most serious crimes. A person who rapes someone is a rapist. Rapists may use violence, drugs, or threats to get their way. People of any gender can be raped and they may stay quiet about a rape because they might feel ashamed about it.

What is custodial rape?

A person who is given custody is known as custodian. The custodian has absolute control over the person on whom he has the custody. It is the temporary possession or care of somebody else’s property. But in the legal sense it is the state of being imprisoned or detained, usually pending in trial.

Offence of committing rape in such situation where the custodian has full control (includes mobility, liberty, freedom, food, water) is considered as serious crime and violation of his duty to take care of the person.

What are the measures to control custodial rape?

·       There are several cases pending in the court so it not still possible to take quick trials of cases on matters relating to sexual offences.

·       It is quite difficult to punish the wrongdoers who commit such offences. We need to have strict legislation that can make sure the position or authority of a person does not matter when it comes to sexual violence and crimes. 

·       The Union Minister had offered a suggestion that cases of rape, sexual harassment, and sexual assault can be resolved at a quicker pace, provided there are specific courts to serve the purpose.

·       To help the judiciary in cases of sexual violence and custodial rapes, human rights courts could be incorporated in every district and every case falling under the aforementioned category could be discussed and settled at a quicker pace. 

·       The Supreme Court in a recent case, Paramvir Singh Saini v. Baljit Singh (2020), had ordered that CCTV cameras be installed in all the police stations in India. Further, it also stated that such cameras must also be installed in interrogation rooms. 

Current scenario of custodial rape in India

Rape has been used as an instrument of oppression for centuries. Sexual harassment is nothing but a showcase that male is superior than female. Every hour, two women are raped in the country. A study in 2017 by the parliamentary panel showed that Uttar Pradesh is at the top for the highest custodial rapes in India. It was seen in the data of 2015 from Women in Detention and Access to Justice where a total of 95 cases were reported from Uttar Pradesh, following two cases from Uttaranchal and one each from West Bengal and Andhra Pradesh. In the year 2016, out of 26 custodial rape cases filed in India, a total number of 11 cases were from Uttar Pradesh which had said to decrease from the previous years. In 2014, the CBI had filed charges of custodial rape against seven Tamil Nadu cops who tortured and raped a 49- year old woman. The court held that an amount of Rs 2 lakh shall be paid to the victim as compensation and the suspension of the policemen.

Effects of custodial rape to victim

After the sexual assault or rape, survivors can face extremely difficult and painful emotions and experiences. Every survivor responds to traumatic events in their own way. The effects of the trauma can be short-term or last long after the sexual assault or rape.

·       Post-traumatic stress disorder (PTSD), including flashbacks, nightmares, severe anxiety, and uncontrollable thoughts. 

·   Depression, including prolonged sadness, feelings of hopelessness, unexplained crying, weight loss or gain, loss of energy or interest in activities previously enjoyed.

·   Suicidal thoughts or attempt to suicide

·   If you were recently raped you may have concerns about becoming pregnant from the attack.

Punishment of custodial rape

The punishment prescribed for custodial rape is at least 10 years of rigorous imprisonment which may extend up to life imprisonment along with a fine.

Conclusion

Rape is a worse mark on women it is worse even more than murder. But when it is done by such from whom we believe could help us or would help us in providing justice then it became even worse. Law provides these girls to be protected under the government and so made the laws even harder with harder punishments so that the people don't lose their trust in justice and laws. The people who are in control of power make misuse of power because of which society suffers from it . It is crime just not committed against the individual but committed against the society as a whole .Only capital punishment to the accused can save the women and society in the country .

Case laws

Mathura Case (1972)
In this case an Adivasi girl from Maharashtra was called to Mathura and after that, her family was asked to leave her in the police premises. The girl was in her teenage and was 16 years old. After that, she was raped by 2 police officials in the station house only

Maya Tyagi Case (1980)
In this case, a six-month pregnant lady was arrested by officials on some fake charges, and then she was beaten up in the custody. The officials stripped her naked in Baghpat and was gang-raped in the custody by the public servants only.

Gudiya Rape Case (2017)
In this case a 16 years old 10th class girl from Shimla, Himachal Pradesh left her school in the afternoon but never reached home. Two days later, her body was found in a ditch in the forest, with her clothes, an empty liquor bottle, and some other items scattered around her. It was clear that she was raped.