Justice
for Rape Victims in India
A single word that is capable of shifting land from anyone's feet. The
word RAPE. The whole world is seeing a rapid increment in case numbers. Do
questions then arise that what actions are taken by the government? Are we
citizens able to fulfill our duty?
Rape is the 4th most severe crime against women. While the other ones
not that distinct from rape. The National Crime Records Bureau (NCRB) has said
that in the year 2019 32033 cases were registered, making it 88 cases per day.
What's horrifying is that among these cases 92.4% of cases were registered
against a known person. The total number of cases pending for rape and under
the Protection of Children from Sexual Offences (POCSO) Act-2012, till March
2018 accounts to 1,66,882. The country recorded the highest
number of pending cases in 2019 August due to the POCSO act alone, which
accounted for 1,60,989.
Women have to fight hard for their honor and life because of the low
rate of justice, increase in pending cases, and oppression from the community.
Standing of justice and the legal system are controversial?
A 7-year punishment is the least punishment given to the accused, as
stated by Section 376A of Indian Law. A condemned criminal can be sentenced to
20-year harsh jailing or life imprisonment or the death sentence if the victim
dies or faces any grave medical state. Amendment was in the law after the
Nirbhaya incident. The age of consent was increased from 16 to 18-years. The
Supreme Court of India stated that the two-finger test for females is an invasion
of privacy. SC ordered the Delhi government to suggest more conventional
medical methods for the confirmation of sexual assault.
Provision of Fast Track Court has been enabled after revision of Law
Implementation of laws and acts has put fast-track courts constantly
under the eye of praisers and also of critics. I ti s believed that fast-track
courts can fail in giving adequate punishment in poverty-stricken nations. As
per statistics released by United Nation conducted in 65 countries, per million
cases, there are only 14 judges.
Marital Rape
Educating women and making them financially independent has benefited
them in realizing their choices, their rights over their bodies, their needs.
This makes men unable to impose their choices and decisions over women. Indian
Judicial Core does not include Marital rape. It is considered in the law only
when a couple is under judicial separation.
When any man has sexual intercourse with his wife, who is not a minor
cannot be considered marital rape, this is an exception of Section 375.
Currently, laws concerning Marital rape are not much evolved in India.
The reasoning of society is incomprehensible as many times victims are
not even allowed to report the cases to the police. Constant media
interruption, delayed justice, pressure from society affects the mental health
of the victims to a greater extend. Society denies the respect of the victim
after such incidents.
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