{"id":767,"date":"2021-02-06T13:43:59","date_gmt":"2021-02-06T13:43:59","guid":{"rendered":"https:\/\/takhte.in\/VoiceofViews\/?p=767"},"modified":"2025-10-25T13:04:03","modified_gmt":"2025-10-25T13:04:03","slug":"custodial-rape-in-light-of-the-mathura-gang-rape-case","status":"publish","type":"post","link":"https:\/\/takhte.in\/VoiceofViews\/custodial-rape-in-light-of-the-mathura-gang-rape-case\/","title":{"rendered":"CUSTODIAL RAPE IN LIGHT OF THE MATHURA GANG RAPE CASE"},"content":{"rendered":"\n

By Nishtha Kheria and Varun Vikas Srivastav<\/em><\/strong>
Amity Law School, Noida<\/em><\/strong><\/p>\n\n\n\n

Abstract:<\/strong><\/p>\n\n\n\n

In this article, we would like to look at the changes, which came after the monstrous incident took place, i.e. Mathura rape<\/a>. In the past years, there have been many attempts to bring changes in the laws relating to rape<\/a>, but the question remains the same has there been any change in the law? If we look at the Supreme Court’s judgments, it is evident that the same ideology is still used as it was in the Mathura rape case<\/a>. The concepts related to the consent and the non-consent are still the vital issue because even the law changes have not able to address the passive consent. This article will cover why even the modifications bought in law has not been able to bring the changes in the rates of conviction. This is related to law and regards the cases that are not related to rape and is significantly based on sympathy and intentions. By the end of the article, it would be clear that the law is changing every day, but there is a need to mold it so that women’s development takes place as a subject to the law and not as an object.<\/p>\n\n\n\n

Keywords: Changes, Judgments, Conviction, Consent, Sympathy.<\/em><\/strong><\/p>\n\n\n\n

Introduction<\/strong><\/p>\n\n\n\n

The whole women group had come together as one was when the Mathura rape case<\/em><\/a> took place[i], on 26th of March 1972, the Mathura rape case which was related to the Custodial rape<\/a> had taken place where two policemen raped a girl who belonged to the Harijan Community<\/a> in the police station of Chandrapur district of Maharashtra after which the amendment named as the Criminal Law Amendment of 1983<\/a> had taken place in the rape laws.[ii]<\/p>\n\n\n\n

Facts<\/strong><\/p>\n\n\n\n

In this case, a girl whose name was Mathura who used to work as a labourer in the house for employment. While she was working there, she had developed sexual relations with the son of the place she worked with whose name was Ashok. After which Ashok and Mathura decided to get married. Mathura\u2019s brother had filed an FIR in the police station stating that Ashok had kidnapped her on 26th March 1972. After which, the police took Ashok and Mathura’s statements and asked all other constables to leave[iii]. <\/p>\n\n\n\n

After the incident had taken place, Mathura was correctly examined by the doctors, and it was said that there was no injury on her body. There were no pubic hair, or semen found instead strays of semen were found on her clothes. The estimated age of Mathura was around 14 to 16 years. [iv]<\/p>\n\n\n\n

Issues<\/strong><\/p>\n\n\n\n

The various issues in this case were:<\/strong><\/p>\n\n\n\n