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Marchers and counter protesters at the March for Life
Marchers and counter protesters at the March for Life
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MUJ | Culture > News

What is Rape?

Avni Singh Student Contributor, Manipal University Jaipur
This article is written by a student writer from the Her Campus at MUJ chapter and does not reflect the views of Her Campus.

Sexual intercourse by a man with his own wife, the wife not being under 15 (now as 18) years of age is not rape.

Under Indian Penal Code Section 375 (Exception 2)

It was subject of a split verdict in the Delhi High Court (2022). 

POCSO Act criminalises all sexual activities for those under the age of 18 years, even if the sexual act is done with consent.

Ejaculation without penetration is not rape.

Chattisgarh High Court in February 2026

In January 2021, the Bombay High Courtruled that groping a minor without “skin-to-skin contact” did not amount to sexual assault under POCSO. The Supreme Court of India later overturned this ruling in November 2021. (Mind you! After 10 months, they realised something!)

Marital rape was legal in many countries until the late 20th century. For example, it was not fully criminalised across all U.S. states until 1993.

The Two-finger test, under the Criminal Laws (Amendment) Act, 2013, was banned in2013 and reiterated its illegality in 2022.

And many more…

gavel on black background
Photo by Bill Oxford from Unsplash

Rape is the fourth most common crime in India. 

According to the 2021 annual report of the National Crime Records Bureau (NCRB), 31,677 rape cases were registered across the country. 

After 3 February 2013, the definition was revised through the Criminal Law (Amendment) Act 2013. 

A sexual assault is when it is against the will of a person. We are living in the 21st century, great minds leading the countries and the world. We have come a long way in development; we are entitled as evolved and educated. Still, in 2026, we get to hear “Ejaculation Without Penetration Not Rape” 

Even if every horrible thing possible at that time except penetration has occurred? 
Even if she is now traumatised by the incident for the rest of her life? 
Even if she is going to fight and struggle to keep her low self- esteem, high? 
Even if she has started fearing the mere touch of wind, let alone of a living being?

Even after this, that inferior scrap of humanity will not be punished as much for rape. 

Lady Justice background
Photo by Tingey Injury Law Firm

The debate here is not whether it is rape or not, it is about justice, about when it is only a little less than the atrocious act of rape. Then why is punishment not as much as that of rape. Not that those inhumane activists get punished as much as they have made the damage.

When the courts that lead and hold the highest judicial authority in the country are passing these types of laws and statements, then where do you think everything will go? 

The punishment for rape is only few years to life imprisonment or even the death penalty (very rare) in certain cases. You and me, we are completely well aware of the fact that for how many years they are “imprisoned” and how many of them actually are.

In my opinion, rape doesn’t qualify as a one of the lowest inhumane acts for entire living existence for them. Hence, they do not “punish” accordingly. After listening to thousands of victims about how this affects them for the rest of their life or at and for the peak of their careers, I don’t understand how hard it is to understand the depth of it and how much the act has devastated.

A very huge factor that needs to evolve is the mentality. Teach, why can’t we take it as an essential, as a manner that we teach kids to like to greet? 

There’s a lot to say on this but as for now, there are amendments required. People in authority influence people, intentionally or unintentionally. If the legal language is perceived as minimising the harm, the perpetrator might view it as leniency. Rapists know, even if they do “something” sexual, they’d have to be in jail for how long? 2 days? 7 days? 3 months? They’ll get out on bail. 

Men need to have this sat in them that they do not have right over women. They can’t treat women with the mindset of them being their slave, someone lower to them. 

MINDSET. CHANGES. EVERYTHING.

If you or someone you know has been sexually assaulted, you can call the National Sexual Assault Telephone Hotline at 800-656-HOPE (4673) or visit hotline.rainn.org.

For more, follow up on Avni Singh | Her Campus and Her Campus at MUJ.

Avni Singh

MUJ '27

Avni Singh is an Editor at Her Campus at Manipal University Jaipur, where she shapes stories that are both reflective and emotionally authentic. She's a member of the core editorial team, shepherding stories that stick with you and editing with instinct. She applies a keen eye and a gentle heart to the words that cross her desk. Avni brings an observant, contemplative eye into each work she touches — whether it's wrapped in sarcasm, tenderly, or something in between.

She is studying B.Tech in Data Science and Engineering — a career path she took out of curiosity, and she pursues it with patience (and likely caffeine). Books and blank pages have long been her constants — places where she can feel too much and still make it beautiful. She doesn't always do what's trendy, but she speaks the language of the kind of expression that counts.

Apart from deadlines and Google Docs, Avni is fueled by playlists, personality-infused wardrobes, emotional resonance, and daydreaming like a side hustle. She believes in writing that reflects real feelings, romanticizing the mundane, and reading between the lines of everything. She's here to hold the pen softly — and still make it bite. If you give her your story, she will likely rewrite it as a lyric by the end of the day.