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Sexual violence is a complex phenomenon deep rooted in the socio-cultural milieu. It is the most extreme and effective form of control in a male dominated society, which simultaneously damages and constrains women’s lives. Sexual violence manifests itself in all stages of human life - the community perpetuates it, the State legitimises and condones it, and even the presumably safe and secure niche of home is not free of violence. The harsh reality is that the most pervasive form of sexual violence is the rape, which cuts across State borders and cultures, is used in all countries and in all cultures as weapon of degradation and terror against women. Rape is an intrusion into the most private and intimate parts of a woman’s body as well as an assault on to the core of herself. Rape is an expression of the need to illustrate that power of supremacy, which men enjoy over women and the exercise of that power is condoned and encouraged by existing social attitudes and practices. It is the manifestation of institutional coercion that flows from the structure of economic, social and political relations between men and women in general, a type of structure that discourages women for asserting themselves physically, emotionally, socially and financially. This paper is an attempt to collect data relating to the reasons for the commission of the offence of rape in the Union Territory of Jammu and Kashmir, for that four districts have been selected namely, Jammu and Samba, in Jammu Division; and Srinagar and Budgam from Kashmir Division. For the present study, the researcher had opted for the ‘stratified random sampling technique’ as in this type of sampling the universe was known and it was possible to select a sample by taking sub-samples usually proportional to the size of the significant elements of sub-divisions in the universe and comprised of Police officials, Judges, Prosecutors and Defence counsel. Besides, researcher had also used Purposive Sampling technique in collecting data from victims and people belonging to different socio-economic strata of society. The researcher had studied a sample of nine hundred and sixty respondents comprising of four hundred and eighty members of general public, four hundred officials and eighty victims.

To Analyse the reasons behind the commission of rape in the Union Territory of Jammu and Kashmir.

The only study conducted in the UT of Jammu and Kashmir relating to the reasons behind the commission of rape in Jammu and Kashmir.

The findings of the study are as follows:

1. Kinds of crimes generally committed in our society:

When asked about the kinds of crimes generally committed in our society (Table1), majority of the respondents, i.e., 39.10 per cent, stated that it was the crimes against women; 22.32 per cent of the respondents mentioned crimes against the person; 21.60 per cent mentioned crimes against property; while the remaining 16.96 per cent responded that it was the crimes against nation/State which were generally committed by the culprits in our society.

Table 1

Kinds of crimes generally committed in our Society

2. Nature of crimes women become victim of:

When asked about the nature of crimes women generally become victim of (Table 2), majority of the respondents (31.45 per cent) stated that in most of the cases women become victim of rape; 21.77 per cent of the respondents mentioned murder and rape was the crime generally committed against women; while 13.75 per cent of the respondents opined that it was sexual harassment at workplace; 12.81 per cent of the respondents mentioned that it was torture for dowry, the women in general become victim of; 12.39 per cent of the respondents pointed out that murder was more often committed crime against women in our society; 7.60 per cent mentioned that it was the crime of hurt while the rest 0.20 per cent of the respondents had no idea about the nature of crimes committed against women in our society.

Table - 2

Nature of crimes women become victim of

3.   Frequency of occurrence of rape in our society:

In response to the query regarding the frequency of occurrence of rape in our society (Table-3); 33.95 per cent of the respondents believed that the crime of rape happened frequently in our society; 27.81 per cent of the respondents indicated that the crime of rape happened ‘very frequently’ in our society; 20.83 per cent of the respondents stated that the crime of rape ‘did not occur so frequently’ in the society; 15.93 per cent of the interviewees responded that the crime of rape occurred ‘least frequently’ in the society; whereas the remaining 1.45 per cent of the respondents had no idea about the frequency of crime of rape occurring in our society.                                           

4. Category of females who become victims of rape:

When asked as to category of females who become the victims of rape (Table-4), a majority of the respondents, i.e., 37.18 per cent, stated that it was the women from lower socio-economic strata of society who would generally become victims of rape; 25.20 per cent of the respondents mentioned that women from all socio-economic strata of society become victims of rape; 22.39 per cent affirmed that women from middle class families mostly become the victims of rape; whereas the remaining 14.89 per cent of the respondents stated that women from upper-middle class families become victims of the crime of rape.

Table-4

Females who become victims of rape

5.  Time and place of commission of rape:

The data collected with regard to the time and place of the commission of the crime of rape (Table-5), a majority of the respondents, i.e., 36.77 per cent, stated that the crime of rape was committed at isolated and secluded place at any time of the day; 20.72 per cent of the respondents mentioned that the crime of rape was committed while the victim was alone in the fields; 20.41 per cent respondents stated that the heinous crime was committed while the victim was alone at home; 11.04 per cent respondents stated that rape was committed while the victim was alone in the hired cab and another 11.04 per cent respondents answered that there was no specific time or place fixed for the commission of the crime of rape and it could be committed at any time of the day and at any place.                       

Table-5

Time and place of commission of rape

6. Circumstances responsible for being a victim of rape:

When asked about circumstances responsible for becoming a victim of the crime of rape (Table-6), a majority of the respondents, i.e., 40 per cent, stated that women become victims of rape while being alone, unprotected and not under any watch; 19.82 per cent declared abduction of the woman as the reason for commission of rape; 15.53 per cent contributed late working hours for such suffering of the females; 10.89 per cent declared that by accepting free ride the women become victim of the heinous crime of rape; 6.96 per cent of the respondents stated females going out on ‘date’ as the reason for rape; 5.00 per cent of the respondents mentioned false promise of marriage as the reason for the commission of the crime of rape while the remaining 1.78 per cent of the respondents believed the all the above mentioned circumstances, in one way or the other, were responsible for a female becoming the victim of the crime of rape.             

Table -6

Circumstances responsible for being a victim of rape

7. Age group of female victims of rape:

In response to the query related to the age group of females who generally become victim of the crime of rape (Table-7), 27.60 per cent of the respondents mentioned that females between the age group of 18 to 23 years generally become the victim of rape; 26.66 per cent of the respondents mentioned the age group females of below 18 years who fall prey to the crime of rape; 23.12 per cent respondents stated that the females in the age group of 24 to 29 years become victims of rape; 8.85 per cent of the respondents stated that females between age group of 30 to 35 years become victims of rape; 6.14 per cent mentioned the age group of 36 to 41 years of age; and 3.54 per cent respondents mentioned the age group of 42 years and above who fell prey to the crime of rape. The remaining 4.06 per cent respondents stated that females were subjected to the ignominy and brutality of rape irrespective of their age group.

Table-7

Age group of female victims of rape

8.  Perpetrator of rape:

When asked about the perpetrator of the crime of rape (Table-8), the data depict that 22.29 per cent of the respondents stated that crime of rape was committed by a stranger who was not known to the victim; in 19.06 per cent of the respondents mentioned that rape was committed by a neighbor of the victim; in 18.43 per cent of the respondents mentioned that rape was committed by a relative of the victim; 14.79 per cent of the respondents pointed out that rape was committed by a friend of the victim; 14.16 per cent of respondents answered that the perpetrator of the crime of rape was an acquaintance of the victim; 7.70 per cent of the respondents opined that rape was committed by colleague of the victim while the remaining 3.5 per cent of the respondents mentioned the perpetrator of this heinous crime could be any one of the offenders mentioned herein above.           

Table - 8

Perpetrator of rape

9. Approximate age of person who committed rape:

 When asked about the approximate age of the person who had committed the crime of rape (Table-9), 25.62 per cent of the respondents stated that the person who committed rape were in the age group of 19 to 23 years; 22.5 per cent respondents stated that the perpetrator of the crime of rape was in the age group of 24 to 28 years; 18.43 per cent respondents mentioned that the perpetrator of rape was in the age group of 29 to 33 years; 12.18 per cent respondents mentioned that age group of the perpetrator of the crime as 14 to 18 years; 12 per cent respondents stated the age group of the perpetrator of rape as 44 years and above; 10.83 per cent of the respondents mentioned the age group as 34 to 38 years; while 7.3 per cent of the respondents stated the age group of the perpetrator of this heinous crime to be 39 to 43 years. The remaining 0.6 per cent of the respondents answered that age was determining criteria and the perpetrator of the crime of rape could be from any age group.

Table -9

Approximate age of person committing rape

10.  Number of males involved in the commission of rape:

The data collected with respect to the number of males involved in the commission of rape (Table-10), depict that a majority of respondents, i.e., 30.52 per cent, stated that rape was committed by one person only; 22.29 per cent stated that two persons were involved in the commission of rape; 14.68 per cent respondents mentioned that three persons committed rape; 13.33 per cent respondents stated that four persons were involved in the commission of rape; 11.04 per cent respondents replied that more than four persons committed the rape together; while the remaining 8.12 per cent respondents were of the view that the number of persons committing the rape was not so specific and the rape could be committed by any number of persons.           

Table - 10

Number of males involved in the commission of rape

11. Reasons for uncontrolled incidents of rape in our society:

With respect to the probable reasons for the uncontrolled incidents of the crime of rape occurring in our society, the data collected (Table-11) depict that 19.77 per cent of the respondents confirmed drug addiction as the major reason for ever-increasing incidents of rape in our society; 19.43 per cent respondents declared unemployment and frustration for various reasons as the reasons responsible for the incidents of rape; 16.13 per cent respondents that it was the lack of parental care and attention which was responsible for the occurrence of such crimes; 14.31 per cent of the respondents mentioned poor implementation of law as the reason for uncontrolled incidents of rape; 13.86 per cent respondents held alcoholism as a reason responsible for unrestrained incidents of rape in our society; 7.9 per cent respondents stated ignorance of law and consequent absence of fear of law as the reason for the increase in the number of rapes; 7.72 per cent of the respondents stated the breakdown of joint family system as the reason for an increased incidents of rape while the remaining 0.79 per cent of the respondents mentioned all of the above mentioned reasons for uncontrolled incidents of rapes occurring in our society.

Table - 11

Reasons for uncontrolled incidents of rape in our society

12.  Contribution of drug addiction and alcoholism in the commission of rape:

When asked about the contribution of drug addiction and alcoholism in the commission of rape (Table-12), a majority of the respondents, i.e., 43 per cent, stated that because of delirium and disorientation induced by drug addiction and alcoholism and consequent loss of control over the senses was the reason for the commission of rape; 29.43 per cent mentioned that rape was committed by the perpetrator of the crime just for the heck of it on loosing sense of reality; another 25.56 per cent stated that drug and alcohol induced hallucination and peer pressure was responsible for the commission of rape; while the remaining 1.59 per cent respondents mentioned that both the loss of control over senses, drug induced hallucination and peer pressure were the reasons which prodded the perpetrator to commit rape.

Table – 12

Contribution of drug addiction and alcoholism in the commission of rape

13. Involvement of Juveniles in the commission rape:

When asked about the involvement of juveniles in the commission of the heinous crime of rape (Table- 13), 61.47 per cent of the respondents agreed that of late throughout the country there was an alarming increase in the involvement of juveniles in the commission of the offence of rape; whereas 17.5 per cent respondents did not agree to the factum of involvement of juveniles in the commission of the heinous crime of rape. The remaining 21.02 per cent of the respondents did not have an idea about the recent spurt in the involvement of juveniles in the commission of the offence of rape.                    

Table – 13

Involvement of juveniles in the commission of rape

14.  Reasons for the involvement of juveniles in rape cases:

When asked about the probable reasons for the recent spurt in the involvement of juveniles in the crime of rape (Table-14), majority of the respondents, i.e., 24.02 per cent, believed that it was lack of parental control over children in a broken family which was a strong reason for the involvement of juveniles in the crime of rape; 19.22 per cent respondents stated that children from broken homes where there was no parental control over children, they fell into the company of deviants and consequently got involved in rape cases besides other crimes; 17.19 per cent respondents mentioned the peer group pressure which lead them to commit the crime of rape; 14.78 per cent respondents were of the view that it was because of the lack of jobs that juveniles took to crime and hence their involvement in rape cases; 14.41 per cent of the respondents were of the opinion that lack of education was also an important reason for the involvement of juveniles in rape cases; 7.57 per cent respondents mentioned that the absence of infrastructure as required under the  Juvenile Justice System failed to take care of the juveniles and hence their involvement in crimes including rape cases; while the remaining 2.77 per cent of respondents stated all the factors mentioned herein above as the probable reasons for the involvement of juveniles in rape cases.

Table – 14

Reasons for the involvement of juveniles in rape cases

While condemning rape, the society condemns the rape victim also. This is deemed to be precipitated by the victim, through her words, conduct or mere existence and most of the rapists go scot-free because men are considered to be naturally aggressive creatures for whom control on sexual urges is an impossible task. In view of the grave social consequences which may follow after the occurrence of rape, it is not surprising that majority of the rape victims prefer not to report the crime at all. Rape is the most under reported of all violent crimes. The unsympathetic attitude of police officials and lack of faith in the justice system are the important reasons for not reporting the crime of rape. Rape trials must focus on the violent acts of the accused rather than behaviour of the victim. It was high time that the judicial attitude changed and courts appreciated the testimony of women of her experience of violence. The decision makers were often blind and reluctant to believe the version of the victim. If a woman did not take the first opportunity to report the rape or she made no attempt to resist the rape then there was a strong presumption that her testimony was false and feigned.

While condemning rape, the society condemns the rape victim also. This is deemed to be precipitated by the victim, through her words, conduct or mere existence and most of the rapists go scot-free because men are considered to be naturally aggressive creatures for whom control on sexual urges is an impossible task. In view of the grave social consequences which may follow after the occurrence of rape, it is not surprising that majority of the rape victims prefer not to report the crime at all. Rape is the most under reported of all violent crimes. The unsympathetic attitude of police officials and lack of faith in the justice system are the important reasons for not reporting the crime of rape. Rape trials must focus on the violent acts of the accused rather than behaviour of the victim. It was high time that the judicial attitude changed and courts appreciated the testimony of women of her experience of violence. The decision makers were often blind and reluctant to believe the version of the victim. If a woman did not take the first opportunity to report the rape or she made no attempt to resist the rape then there was a strong presumption that her testimony was false and feigned.

1. Vandana, Sexual Violence against women, p 17, Lexis Nexis Butterworths Wadhwa, Nagpur, 2009. 2. David Gilmore, ‘Manhood in the Making: Cultural Aspects of Masculinity’, p 128, Yale University Press, US, 1995. 3. Peter and Wolper, ‘Women Rights: Human Rights-International Feminist Perspective’, p 1, Routledge, New York, 1995 4. H S Gour, The Penal Law of India, p 2926, Law Publishers, Allahabad, 1972. 5. Susan Brownmiller, Against Our Will – Men, Women and Rape, p. 442, Penguine Publications, London, 1990.