SC advocated inclusion of Sexual Equality in School Curriculum

Context

The Supreme Court of India addressed a petition regarding the rising incidents of crimes against women, including rape, and emphasized the importance of moral education and sexual equality as part of school curricula to address these issues.

Key Points from the Court's Observations

Moral and Ethical Education in Schools: Schools should teach moral education and ethics, particularly focusing on how men should respect women and treat them equally. This kind of education should be a mandatory part of the school syllabus from an early age.
- Currently, while some schools offer moral education, it is often skipped or canceled, and it should become a regular part of the curriculum.
Sexual Equality from the Home: Discrimination between boys and girls often begins at home. Parents sometimes focus on restricting daughters' freedoms while not imposing similar expectations on sons.
Women, who make up 50% of the population, continue to live under significant strain and insecurity. There is a growing misogynistic attitude towards them, and education is needed to change this mindset.

Key Factors Contributing to Sexual Violence in India

Gender Inequality & Cultural Traditions: Male superiority and cultural practices (like dowry and purdah) perpetuate gender discrimination and increase the risk of sexual violence.
Marriage Dynamics: Women in traditional marriages, especially child brides, face sexual violence as husbands often feel entitled to sex, with marital rape not being criminalized.
Education & Employment: Lack of education and employment opportunities limits women’s autonomy, increasing their vulnerability to violence.
Male-to-Female Ratio: A skewed sex ratio due to female foeticide leads to increased competition among men, potentially contributing to sexual violence.
Poverty: Poor women, especially from marginalized castes, are more vulnerable to sexual assault due to financial and social disadvantages.
Criminal Justice System: Inadequate police investigations, slow trials, and low conviction rates allow offenders to go unpunished, perpetuating sexual violence.

Consequences of Sexual Violence in India

Stigmatization: Victims and their families face shame and humiliation. Unmarried victims are often rejected by communities, and some are even forced to marry the rapist.
Mental Health Issues: Victims, particularly of intimate partner violence, often develop depression, anxiety, and PTSD. They are also at a higher risk of suicide, even without mental illness.
Social Isolation: Married victims may be abandoned, leading to further isolation and suffering.
Pregnancy & STDs: Rape can lead to unwanted pregnancies and sexually transmitted diseases. Unsafe abortions may occur if the victim cannot legally access abortion services.
HIV Risk: Victims are at higher risk for HIV and other STDs, particularly due to cultural factors that hinder negotiation for protection during sex.
Loss of Productivity: Sexual violence leads to lost work days, with victims often taking time off or quitting their jobs due to safety concerns.
Educational Impact: Sexual assault affects educational outcomes, with victims often achieving lower academic and career success, and earning less as adults. Some schools even expel victims.

Provisions Against Rape in India

Legal Provisions (Section 375, IPC): Rape occurs when a man has sexual intercourse with a woman:
- Against her will or without consent.
- With consent obtained through fear or deceit.
- When she is unable to understand consent due to mental incapacity or intoxication.
- If the woman is under 18 years old.
Punishments (Section 376, IPC):
- Death or life imprisonment for rape leading to death or vegetative state.
- Group rape results in separate punishments for each participant (Section 376D).
- Repeat offenders may face the death penalty (Section 376E).

Laws Related to Rape in India

Criminal Law (Amendment) Act, 2013: The Act increases the minimum sentence for rape from 7 years to 10 years, with a higher minimum for cases resulting in death or vegetative states.
Protection of Children from Sexual Offences Act (POCSO), 2012: It raises the age of consent to 18, criminalizing sexual activities with anyone under 18, even if consent is given.
- 2019 amendments increased penalties for child protection.

Rights of Rape Victims

Zero FIR: Victims can file an FIR at any police station.
Free Medical Treatment: Hospitals cannot charge for rape treatment (Section 357C, CrPC).
No Two-Finger Test: Doctors cannot perform or use the two-finger test during medical examination.
Compensation: Victims are entitled to compensation under Section 357A of CrPC.

Important Judgements

Tukaram and Ganpat vs. State of Maharashtra (1972) - Mathura Rape Case: It highlighted flaws in the legal system, calling for reforms in rape laws after public outrage over acquittal.
State of Punjab vs. Gurmit Singh (1984): The Supreme Court emphasized that a victim's character should not influence rape cases.
Delhi Domestic Working Women v. Union of India (1995): It established guidelines for legal representation, victim anonymity, compensation, and medical help.
B. Gautam v. Shubra Chakraborthy (1996): The court ruled that interim compensation should be given to victims.
Chairman, Railway Board vs. Chandrima Das (2000): It granted compensation to rape victims based on constitutional and international human rights principles.