Incest As Sexual Crime in Indian Legal and Social Framework: A Violence Within Family

Abstract

Incest, as a form of sexual crime which remains one of the most under-reported and non-acknowledged crime within India’s legal and social framework, as it takes place within four walls of a house. Indian society has been under delusion and denial for a very long period as to the existence of such crime; reason being strong belief in societal culture. It was Covid-19 that acted as evidence for existence and mirror to such incestuous cases. While criminal law addresses several forms of sexual violence, incest is dealt silently under such recognized provisions. Present research critically examines incest within India’s legal and social framework by addressing associated taboo. Furthermore, this study advocates for special Act to be enforced for criminalizing incest as an offence with separate recognition. Adding to it, recommends gender neutral, victim-centered legal approach and apt intervention at every stage of life; which can only be achieved by addressing real incestuous standing in Indian society. This paper has empirically collected data from 38 school teachers to understand whether educational institutions can help in early detection of incest.