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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