Rape is an unlawful sexual activity; it is carried out by force or by threatening the person against their consent or with a person who is not capable of giving consent because of unsound mind or mental illness, intoxication, or unconsciousness. Prison rape and violence are considered to be the most heinous act, and these acts are not only by the prison staff but also by the other inmates, carrying out sexual violence in prison by touching the private parts of the inmates, bullying them or intentionally forcing them to involve in the sexual acts are very common in the prison.
KEYWORDS: Inmate sexual assault, prison rape, sexual violence
Prison rape and violence have become very common. These heinous acts are causing harm to the prisoners who are doing this sexual violence and rape because of these staff members who promise to provide them with some facilities and other essentials which they want and also promise to provide comfort to them, so they involve wilfully in the sexual acts, and the one who does not agrees to this promise, they are subjected to even more heinous torture and violent acts.
This sexual violence and rape inside the prison lead to physical and mental illness in the victims who are suffering from these activities in the prison. They are subjected to more torture and violent act, and it can result in severe medical disorders, depression, and mental and physical illness and make the victim incapable of forming social relations.
Battering and trading for sex are becoming a culture in prisons. It is generally seen that consenting to have sex with the inmates in return to get favour, gifts and protection from the other inmates. This is the mainly the most prominent cause which gives rise to consensual sexual acts. Approaching the new inmates with the offer to give them protection against the threats the main intention here is to obligate the person to sexually favour the inmate and then he or she shall take the protection from the powerful inmates.
LAWS RELATING TO RAPE INSIDE THE PRISON
Indian Penal Code defines Rape in Section 375 and Punishment in Section 376. Clause 2 of Section 376 provides for custodial officers and defines circumstances under which they can be charged with an offence of rape against women. Section 376(2)(a) says a police officer is said to have committed rape against the woman if the woman was present within the premises of that station or if the woman was in the custody of the police officer or a subordinate police officer who was under that police officer.
Section 376(2)(b) holds the private officer accountable for committing rape against a woman who was in his custody or was in the custody of his subordinate; Section 376(2)(d) holds the staff members of the jail including the managerial staff of the remand homes or other places of custody provide that such places should have been constructed under the law accountable to rape against any prisoners behind the bars or any inmate of remand homes and other institutions. Such custodial officers can be subjected to rigorous punishment which shall be for a minimum of 10 years, with a fine and may extend to imprisonment for life.
Some people are under trial for years until they are finally convicted but such people are also kept inside the jails. Why does the government make no separate provisions for convicts and for the accused? Until the trial reaches to conviction the mental and physical torture that they go through makes them unfit to survive in the outer world. And also make some rules to reduce the sexual violence and rapes inside the prison and make sure to appoint appropriate officers and staff in prisons and provide needful essentials to the inmates.
Rape is a heinous offence that not only disturbs and haunts the victims but also society and prison rape is even more heinous and a serious issue that needs to be dealt with through strict policies and law, but victims of rape inside the prison are also raped repeatedly, on a daily basis. The law fails to recognize such brutal acts inside the prisons. The law seems to protect only the women but what about the women who are in jail and is forced to have sex with other inmates.