The author of this blog is Tanya Rose, student of 3rd  year, SGT UNIVERSITY, GURUGRAM


In this article, I will be discussing and analyzing the rapes and sexual harassment faced by the prisoners. Even inside the prisons, prisoners get raped by their fellow prisoners as well as police officials. These days same-sex rape is increasing day by day inside the prison which is causing a violation of human rights along with violation of the law even within the boundaries of laws. I will be dealing with what it is, how it can be avoided and what are legal remedies and laws are available currently for the custodial rapes in India with some case laws.

Prisons are primarily used for punishment, incapacitation, deterrence, and rehabilitation of the prosecuted. Rehabilitation refers to the activities geared toward transforming offenders into law-abiding civilians. These actions may include producing educational courses in jail, educating job skills, and psychological support with a psychologist or public servant. The crimes committed in prison, on the opposite hand, are a major problem within the program. As an element of society, acts of violence do exist in prison, and to be more specific, sexual violence exists in prison and is often unheard by society and therefore the authorities.

Prison time is difficult because it's anticipated that prisons will provide advisories to individuals about committing against the law which the prospect of going to prison will deter criminals from committing crimes. The horrendous crimes committed against the inmates exacerbate their suffering and place them in a very position where they're desperate and exploited. Custodial rape and sexual violence in prison are a number of the foremost controversial issues that are rarely discussed. Though our society is extremely sensitive to rape and other sexual assaults committed against women, and rightly so because they need to be caused terror within the community, we fail to acknowledge the identical to men. When such crimes occur to inmates, it's even more ignored. Citizens are less sympathetic to offenders, and lots of individuals believe that it's preferable to subject the criminal to the identical heinous act that he perpetrated, i.e., to punish the criminal retributively so as to assure and satisfy society and also the victim that the criminal has been punished appropriately. Prisoners are commonly exposed to rape and sexual assaults, which are usually justified not only by the custodial staff and also by the opposite inmates, on the grounds that the offender had been forced to suffer within the same way that he had made the victim suffer because, after all, they're considered enemies and thus, they have to be subjected to ill-treatment and no sympathy should be shown. Prison rape and sex offence cases are rarely delivered to light as a result of the police and other justice machinery's apathy. Justice is for all, and everybody should have access to it; that's something our Constitution believes in and expressly states in Articles 14 and 21. However, within the case of inmates, the Fundamental Rights are rarely respected. Inside the prison, statistics indicate that rape or sexual offence is committed more often against men than against women, and, interestingly, the Indian Penal code doesn't recognize rape against men. 

To make matters worse, members of the LGBTQ+ community are even more vulnerable in prison. it isn't nearly satisfying lust or sexual gratification; it's about the control and power one or more inmates can have over the weaker inmates so as to see their dominance and foster an environment of threat so no inmate can oppose the violent and powerful groups. Inside the prison, abruptly touching inmates' sex organs so as to bully them or deliberately forcing them to interact in sexual acts is incredibly common. It makes no difference whether consent is given willingly or obtained through the utilization of force. As per research, new inmates, inmates of unsound minds, and LGBTQ+ people are highly susceptible inside the jail than other inmates. Perpetrators use methods like deception, intimidation, and threats, but more often than not, force and power are used against the target so as to interact with them in sexual intercourse. Prisoners who are commonly subjected to assaults and rape are given the impression to be sex slaves for the opposite prisoners after ages. In Section 375, the Indian Penal code defines rape and establishes 7 conditions under which an individual may well be raped.

Rape is punishable under section 376 of the Indian Penal code. Clause 2 of Section 376 generally intends to incorporate custodial officers in its scope and identifies the conditions within which they'll be charged with rape against women. As a result, it may be seen that Sections 375 and 376 of the Indian Penal code only recognize male rape against females but fail to acknowledge that ladies can force other women to interact in such acts coercively instead of by consent. The goal of protecting women appears to be fading here. When it involves women in prison, it becomes even more vulnerable.

In 2015, As per police data accessed by IANS, one case of rape with a male inmate was filed at the police station. Authorities at Tihar, the biggest prison complex in South Asia, are reluctant to lodge cases of same-sex rapes by jail inmates. 

According to a news report by Business Standard, A murder accused, who was out on bail, claimed that organised gangs were operating in Tihar jail who rape inmates at will.

An inmate, a 28-year-old computer professional convicted of murder in 2011, stopped shaving to "look old" and avoid their prying eyes, per a source. 

It's a cruel irony that Ram Sing, presumably India's most hated man for supposedly plotting the Delhi gangrape, had become a rape victim himself. But his father has released the data that Singh had been raped in prison. we do not know yet how he died. He had not only been assaulted, even his co-accused. 

Rape is a heinous crime that not only disrupts and haunts the sufferer, but also the victim's community, and prison rape seems to be a more horrific and severe issue that requires strict laws and regulations to address. Several studies have found that rape victims in prison are sexually molested and on a daily basis. Such atrocities within prisons are not recognized by the law. The law appears to protect only women, but what about women who are incarcerated and are forced to have sex with other inmates?

When it comes to drafting rape laws, gender discrimination should be avoided. It is critical to provide equality under the law to men and women, as well as equal safety precautions for transgender people, who are the most vulnerable. According to research, the life of male prisoners is more gruesome than life in female prisons. The government should focus on making provisions for detainees. Instead of keeping transgender women in male prisons, the US believes that either separate prisons should be built for them, or they should be accommodated in female prisons. The inmates are unfit to survive in the outside world due to the mental and physical torture they are subjected to. The legal system should make allowances for it and compensate those who have been imprisoned for months or even years despite not being found guilty.