It was the usual thursday morning. I woke up, brushed my teeth and sat down to read the newspaper with my cup of morning coffee. It was a surprisingly cold morning and I was sitting by the window and soaking it in until I read an article which disturbed me. A man was granted bail for raping a 16-year old minor girl just because he promised to marry after she turns of legal age. Is marriage the answer for all the trauma the innocent had to face? Is marriage the answer for a crime that can lead to life sentence? How can the girl spend the rest of her life married to the man who raped her, stole her dignity, traumatised her mind leaving her scarred for life?
Rape was first defined as an offence in India in the Indian Penal Code(IPC) in 1860. The section 375 of the IPC makes the act of sex by a man on a woman if against her will or without her consent punishable. The definition of rape also included sex when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt. Additionally, sex with or without the consent of a girl under the age of 18 is also considered rape. The penalty for the offence is divided into two categories based on Section 376 of the IPC. Whoever except for those mentioned in the second category,commits rape will be awarded a jail term of not less than not be less than 10 years, but which may extend to imprisonement for life, and shall also be liable to fine. The second category includes a police officer who commits custodial rape, a public servant, armed officers, managment staff jail/remand home or place where children and women are lodged, hospital staff, relative of victim, man in a position of dominanace. People falling under the second category should be jailed for a minimum 10 year which can lead to life imprisonment and liable to fine.
In 2012 after the Delhi gang rape case, a committee was constituted with former Chief Justice of India- J.S Verma as it's head. The intent behind the institution of the committee was to look into the possible amendments that could be to the Criminal Law, look into the possible amendments that could be to the Criminal Law, in order to provide for a quicker trial and enhanced punishment against the criminals inflicting sexual assault of an extremely brutal nature upon the women. The committee proposed certain altercation to the existing criminal law.
- Marriage should not be conisdered as a license to perform sexual offences.
- Sex education must be imparted to children at schools so that they get to know if anything wrong happens to them.
- A Rape Crisis Cell should be set up for providing immediate notification of the case when an FIR in relation to sexual offenses is made. The cell should also provide legal assistance to the victims.
- Filing of charge sheet and cognizance by the Court must be sufficient for the disqualification of a candidate under The Representation of the People Act, 1951. A candidate must be disqualified if he has committed any sexual offense.
- In 2018, India was declared the most unsafe country for women. Every day, every minute, every second a woman is raped. If the laws are more rigid, the perprators will think twice before commiting the
crime.
So true... rigidity of law in this perspect and its true application is the need of this hour
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