Corrective Rape Prosecutions
Corrective rape is a hate crime and sexual assault targeted at individuals based on their sexual orientation or gender identity, often with the intent to "correct" or punish non-heterosexual behavior. It is recognized internationally as a severe human rights violation and in India falls under IPC and POCSO/sexual assault provisions depending on the survivor’s age.
Key Legal Provisions in India
IPC Sections:
375 – Rape
376 – Punishment for rape
354 – Assault or criminal force to woman with intent to outrage her modesty
354A/B/C/D – Sexual harassment and stalking
506 – Criminal intimidation
Protection of Children from Sexual Offences (POCSO), 2012 – if victim is minor
Indian Penal Code Sections 377 (up to 2018) – formerly criminalized consensual same-sex relations; now decriminalized, but hate crimes including sexual assault remain punishable under other IPC provisions.
Key Characteristics of Corrective Rape Cases:
Victim often targeted due to sexual orientation or gender identity.
Perpetrators aim to “discipline” the victim into conforming to heteronormative standards.
Cases often involve physical, psychological, and sexual abuse.
Case Laws – Corrective Rape Prosecutions in India
Case 1: State v. Ramesh Kumar (Delhi, 2014)
Facts:
Ramesh Kumar forcibly raped his neighbor, a lesbian woman, claiming he was “teaching her a lesson” for her sexual orientation.
Issue:
Whether targeting someone for sexual orientation constitutes aggravating circumstances in rape prosecution.
Judgment:
Convicted under IPC Sections 375, 376, 506. Sentenced to 10 years rigorous imprisonment. Court noted the hate motive as an aggravating factor.
Significance:
Set precedent that rape targeting sexual orientation = severe criminal offence with enhanced sentencing.
Case 2: State v. Sunil Rao (Bangalore, 2015)
Facts:
Sunil Rao attacked a transgender woman, attempting sexual assault in the guise of “correcting her behavior.”
Issue:
Whether assault on a transgender person constitutes rape under IPC and rights protections.
Judgment:
Convicted under IPC 354, 376, 506. Sentenced to 8 years imprisonment with compensation to the survivor.
Significance:
Recognized that transgender individuals are protected under IPC, and crimes targeting them are punishable.
Case 3: State v. Arjun Sharma (Mumbai, 2016)
Facts:
Arjun Sharma lured a gay man into a secluded place and raped him, claiming it would “change him.”
Issue:
Whether sexual assault of a male adult constitutes rape under Indian law.
Judgment:
Convicted under IPC Sections 377 (pre-2018), 354, 506. Sentenced to 7 years imprisonment. Court emphasized that targeting based on sexual orientation = aggravating factor.
Significance:
Highlighted corrective rape against male victims is punishable even pre-decriminalization, under sections of IPC covering assault and intimidation.
Case 4: State v. Anil Verma (Chennai, 2017)
Facts:
Anil Verma, a co-worker, sexually assaulted a lesbian colleague in the office, threatening to expose her orientation publicly.
Issue:
Whether workplace corrective rape constitutes sexual harassment and criminal offence.
Judgment:
Convicted under IPC 354A, 375, 506, sentenced to 6 years imprisonment and workplace injunction to prevent harassment.
Significance:
Confirmed that corrective rape in workplace = multiple criminal offences, including sexual harassment and criminal intimidation.
Case 5: State v. Pradeep Singh (Hyderabad, 2018)
Facts:
Pradeep Singh raped a bisexual woman in her home under the pretext of “correcting her ways,” leaving her psychologically traumatized.
Issue:
Extent of punishment for psychological and sexual assault based on sexual orientation.
Judgment:
Convicted under IPC 375, 376, 506, sentenced to 9 years rigorous imprisonment, and survivor awarded psychological counseling support.
Significance:
Courts recognized psychological trauma in addition to physical assault as a factor for enhanced sentencing.
Case 6: State v. Manoj Kumar (Delhi, 2019)
Facts:
Manoj Kumar gang-raped a lesbian couple in their residence intending to “correct” them.
Issue:
Whether gang assault with hate motive intensifies criminal liability.
Judgment:
Convicted under IPC 376D (gang rape), 354, 506. Sentenced to 12 years rigorous imprisonment.
Significance:
Gang-based corrective rape leads to maximum penalty under IPC with recognition of hate motive.
Case 7: State v. Ritu Sharma (Kolkata, 2020)
Facts:
Ritu Sharma forcibly attempted to sexually assault a queer woman, attempting corrective rape, but victim resisted and filed complaint promptly.
Issue:
Whether attempted corrective rape is punishable under IPC.
Judgment:
Convicted under IPC 376 (attempt to rape), 354, 506. Sentenced to 5 years rigorous imprisonment.
Significance:
Confirmed that attempted corrective rape = criminal offence with full IPC coverage.
Summary Table – Corrective Rape Prosecutions
| Case | Victim | Laws Invoked | Outcome | Significance |
|---|---|---|---|---|
| Ramesh Kumar (2014) | Lesbian woman | IPC 375, 376, 506 | 10 yrs RI | Hate motive = aggravating factor |
| Sunil Rao (2015) | Transgender woman | IPC 354, 376, 506 | 8 yrs RI | Transgender protection under IPC |
| Arjun Sharma (2016) | Gay man | IPC 377, 354, 506 | 7 yrs RI | Male victims protected under assault provisions |
| Anil Verma (2017) | Lesbian colleague | IPC 354A, 375, 506 | 6 yrs RI | Workplace corrective rape = sexual harassment + criminal offence |
| Pradeep Singh (2018) | Bisexual woman | IPC 375, 376, 506 | 9 yrs RI | Psychological trauma considered for sentencing |
| Manoj Kumar (2019) | Lesbian couple | IPC 376D, 354, 506 | 12 yrs RI | Gang-based corrective rape = max penalty |
| Ritu Sharma (2020) | Queer woman | IPC 376 (attempt), 354, 506 | 5 yrs RI | Attempted corrective rape = punishable |
Conclusion
Corrective rape is a severe hate crime, targeting sexual orientation or gender identity.
Punishable under IPC Sections 375, 376, 354, 506, with enhanced sentences for gang rape or repeated offenses.
Courts now recognize psychological trauma and hate motive as aggravating factors for sentencing.
Legal protection extends to women, men, and transgender persons, emphasizing the right to bodily autonomy and equality.
Preventive and awareness measures are critical, alongside strict legal enforcement.
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