Thursday, January 3, 2013



Does hanging the culprits for an inhuman act with the girl is justified? This is a very justified interrogation to spurt in the head of an Indian when the perpetrator walks away giving indelible scars to the victim. Will the repercussions of the execution of this idea safeguard justice and victims in the right manner?
Before making hue and cry especially after the Delhi gang rape case, one needs to understand the nitty-gritties of our Law. Keeping the Capital punishment aside, even the small offences against women have not been realised. Section 155 (4) of Indian Evidence Act says,” When a man is prosecuted for rape or attempt to ravish, it may be shown that that the victim was of generally immoral character.” On the contrary the immoral character of the accused is not measured. Indian Evidence Act itself questions the Article 14 of the constitution ‘Right to Equality’. So, the rape is not defined for a prostitute. There are loopholes that need to be amended.
Laws can create anxiety in the head of the perpetrator but only educated mind with healthy thoughts can safeguard the respect and identity of a woman. Looking at the multitude of cases reported and the unknown number that’s unreported, amendments in the present laws is the need of the hour. As already mentioned about the bias towards the victim in Indian Evidence Act, the Laws have to be stricter and implementation better.
 If the turf witness’s innocent women, eyes also fall on the not so innocent ones and if there are men with odious mind set, one finds innocent men too. So a Law with a balanced framework where the victim is not tortured and scars not scratched for years is urgently in need. One proposal that is palatable is to increase the term of imprisonment and define minimum and maximum range of sentence in rape cases very clearly. Earlier the minimum sentence for the accused was not defined, then with the amendment this was made as seven years. The time teaches and replies to the errors. By the end of the day it’s about application whereas hanging of the culprits is like making them escape a bigger punishment.

Under the static voice of the victim
The sound is shrill and the scratches of the scuffle fill
A sound where she says
“I wish to teach him a lesson
Hanging him
Makes the price of the ‘Act’ dim and lesson”

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