Rape in India

16 Jun

According to crime reports, in India, rape is about 15 times less common than in the US. A variety of concerns apply. For one, definition of rape varies considerably. But differences aren’t always in the expected direction. For instance, Indian Penal Code considers sex under the following circumstance as rape: “With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.” In 2013, however, the definition of rape under the Indian Penal Code was updated to what is generally about par with the international definitions except for two major exceptions: the above clause, and more materially, the continued exclusion of marital rape. For two, there are genuine fears about rape being yet more severely underreported in India.

Evidence from Surveys
Given that rape is underreported, anonymous surveys of people are better indicators of prevalence of rape. In the US, comparing CDC National Intimate Partner and Sexual Violence Survey data to FBI crime reports suggests that only about 6.6% of rapes are reported. (Though see also, comparison to National Crime Victimization Survey (NCVS) which suggests that one of every 3 rapes are reported.) In India, according to Lancet (citing numbers from American Journal of Epidemiology (Web Table 4)), “1% of victims of sexual violence report the crime to the police.” Another article based on data from the 2005 National Family Health Survey (NFHS) finds that the corresponding figure for India is .7%. (One odd thing about the article that caught my eye — The proportion of marital rape reported ought to be zero given the Indian Penal Code doesn’t recognize marital rape. But perhaps reports can still be made.) This pegs the rate of rape in India at either about 60% of the rate in US (if CDC numbers are more commensurable to NFHS numbers) or at about three times as much (if NCVS numbers are more commensurable to NFHS numbers).

The article based on NFHS data also estimates that nearly 98% of rapes are committed by husbands. This compares to 26% in US according to NCVS. So one startling finding is that risk of rape for unmarried women is startlingly low in India. Or chances of being raped as a married women, astonishingly high. Data also show that rapes by husbands in India are especially unlikely to be reported. The low risk of rape for unmarried women may be a consequence of something equally abhorrent — fearful of sexual harassment or as a consequence of patriarchy at home, Indian women may be much less likely to be outdoors than men (it would be good to quantify this).