“While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female.” – Justice Arijit Pasayat.

Women, especially in India, are taught to behave in a ‘proper’ way to avoid being raped. India is a Bronze Medalist in the marathon of rape. And, according to the chart of National Crime Report Bureau, West Bengal is the state with most contribution to this win, with 29133 cases of assault against women since 2011. Following the Supreme Court’s directive to provide monetary compensation to rape victims, West Bengal govt., on 11th September, 2012, promised monetary compensation to the victims of all sexual atrocities, as long as they can prove that their allegation is true. Other states, too, are already in the practice of providing compensation, or are starting a new fund to do so.

Now, this raises eyebrows, and some obvious questions. Is money enough, support-wise? Is this a price tag on the modesty of women? Is this a way to keep the victims silent, to avoid fingers being raised at the govt.? Will this be misused? What about a male victim? The compensation is supposed to help the victim during legal battles and treatment. It is to support a person too injured or traumatized to return to her profession. But, no amount of cash can console a rape-victim. The govt. should appoint a lawyer and provide her with the best treatment. They must make sure that every rapist is not only given exemplary punishment, but also condemned publicly. Most importantly, awareness should be spread among the people that it is never the victim’s fault. They need tolerance, and the feeling of being accepted. A victim and his/her family need support from the society.

When a woman is assaulted or raped, there are two damaging experiences she goes through. The first one is, of course, the annihilation of the very concept of consent and privacy. The second is the trial. A person who stands up to protest is tormented with inappropriate questions. Then, there are certain people who have no right to complain, according to the society. Sex workers, women who work late, women who wear daring clothes, or uninhibitedly maintain friendship with too many males, homosexual or bisexual people should not complain if they are raped. Neither should men. Fortunately, the deletion of Section 155(4) of the Indian Evidence Act, as is being recommended in the 172nd Law Commission Report, should prevent a victim from being cross-examined about her `general immoral character' and sexual history. It suggested graded sentences, with higher punishment for rape committed by the relatives and persons in `trust or authority’, and that the shifting the burden of proof of consent to the accused.

A crucial loop-hole in the 375 Indian Penal Code dealing with rape laws was, it took into account penile-vaginal penetration. Other physical and mental injuries were left to be dealt with under Sections 354 and 509 of the IPC as `outraging the modesty of a woman'. But, how much is rape or sexual assault? Forced cunnilingus or fellatio on the victim, forcing the victim to perform these, anal intercourse, digital-penetration of vagina or anus, or even touching or fondling any part of an unwilling person’s body, forcing someone to watch pornography or to touch oneself are assaults of equal gravity. There needs to be a revision of these, as there are innumerable cases where the offender could not be charged as there was no vaginal-penal penetration.

Digital-penetration, cunnilingus etc. can be performed by women. Allegations against a woman are subject to dismissal as a woman is physically incapable of raping another woman. There are also cases of men being raped- by men and women alike. In January, 2009, a man named Khalil was raped by 3 women in Karachi. 21 year old homosexual Matthew Shephard was a victim of hate-rape. These people need a promise of justice. The 172nd Report proposes that rape law should be gender-neutral.

Innumerable people are in abusive relationships- heterosexual, bisexual or homosexual. Unfortunately, Indian law says, if a married woman is more than 15 years old, forced sexual intercourse is not rape. Marriages being an agreement, does a person’s body become the commodity owned by the spouse?

Will opportunist women see this monetary indemnity as a way to earn money? What if a person engaged in consensual coitus raises a false rape-cry? True victims of rape will then have a harder time proving themselves. Is monetary compensation the point where this vicious cycle will begin? When assaulted men are laughed at, raped women are alleged with promiscuity, will this indemnity the only responsibility that the govt. will take? Or is this just the starting point of a new initiative that will lead to more forms of support? Only time will tell.