Tag: #Rape

VAGUE ALLEGATIONS OF TRYING TO COMMIT RAPE WILL NOT ATTRACT PENAL CHARGES

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–Report by Arun Bhattacharya

The Delhi High Court on Wednesday 8th of February 2023 in the matter of THE STATE versus SACHIN SINGH & ORS reiterated the stand taken by the Additional Sessions Judge’s observation that “Mere vague allegations that accused tried to commit rape upon her does not ipso facto attract the penal provision of offence u/Section 376 read with Section 511 IPC.”

FACTS

The present matter invoked revisional jurisdiction of the Delhi High Court whereby an order passed by the Additional Sessions Judge was in question. The order dealt with chargesagainst a brother-in-law and father-in-law, who had allegedly committed attempts to rape. The complainant had alleged that the brother-in-law had gotten hold of the complainant in an attempt to commit rape, while in another instance the father-in-law had forcefully entered the complainant’s room to rape her. Although the complainant tried to raise these issues with her husband and mother-in-law, all such attempts were suppressed forcefully with the only reason provided by them being that the brother-in-law happens to be a police official. Therefore, the complainant filed a complaint to the Commissioner of Police and accordingly registered an FIR against her in-laws. They were also made parties to the initial chargesheet filed in the court of learned Metropolitan Magistrate, Rohini which was later transferred to the Court of Sessions. 

SESSIONS COURT’S ORDER

The Court of Sessions initially discharged the brother-in-law and the father-in-law under Sections 356 (Punishment of Rape) and 511 (Punishment for attempting to Commit Offences Punishable with imprisonment for life or another imprisonment) but framed separate charges of 498 (enticing or taking away or detaining with criminal intent a married woman), 406 (Punishment for criminal breach of trust), 354(Assault or criminal force to woman with intent to outrage her modesty) and 34 (Common intention). The court’s primary focus whilst discharging the two respondents was that the mere fact of the brother-in-law getting hold of her hand and the father-in-law barging into her room late at night does not suffice to prove a case of rape. These allegations of the complainant involved attempts but no specific action was committed which may indicate a clear intention of rape. This order has been challenged in today’s petition.  

PROSECUTION’S CONTENTION

The learned APP submitted that the learned Sessions court was not intended to satisfy itself on the graveness of evidence produced but merely on prima facie allegations of the complainant and he confined himself to the fact that the complainant had made specific allegations regarding her father-in-law and brother in the law regarding an attempt to commit rape on different occasions.

RESPONDENT’S CONTENTION

The learned counsel for the respondents’ primarily focused on the fact that no specific allegations were made against the father-in-law and brother-in-law and no such proof was also submitted on record. He also highlighted the fact that no action was committed in compliance with the definition provided under Section 375 of the Indian Penal Code and this would suffice as a reason for discharging the same. To point out the same the counsel had referred to the judgment of Tarkeshwar Sahu v. State of Bihar (now Jharkhand), IV (2006)  CCR 115 (SC).

DELHI HIGH COURT’S JUDGEMENT

The honourable high court pointing out that the revisional power under Section 397 of CrPC is very narrow which only allows it to satisfy itself to check the legality and correctness of an impugned order, reiterated the stance taken by the Court of Sessions and accordingly dismissed the revision petition.

READ FULL JUDGEMENT: https://bit.ly/40EQy8S

CITATION: 2023/DHC/000883

Aparna Bhat vs State of Madhya Pradesh

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Case Number

Criminal Appeal No. 329/2021

Equivalent Citation

2021 SCC OnLine SC 230

Bench

  • Justice S Ravindra Bhat
  • Justice AM Khanwilkar

Decided On

March 18, 2021

Relevant Act/Sections

  • Section 376 of the Indian Penal Code, 1860
  • Section 506 of the Indian Penal Code, 1860

Brief Facts & Procedural History

The petition was filed by Advocate Aparna Bhat and eight other lawyers in response to an unjustified order issued by the Madhya Pradesh High Court on July 30, in which the accused of sexual assault was ordered to visit the victim’s home on the occasion of Raksha Bandhan with Rakhi and be tied by her as a condition of bail. The accused, who is a neighbour of the complainant Sarda Bai, entered her house on April 20, 2020, and attempted to sexually harass her, prompting the filing of (hereafter referred to as IPC). After the case was investigated, a charge sheet was filed. Under section 438 of the Code of Criminal Procedure, the accused filed an application for anticipatory bail (hereafter referred to as Cr.P.C.) The accused was granted bail by the Madhya Pradesh High Court on the affliction that he and his wife visit Sarda Bai’s house on the occasion of Raksha Bandhan on August 3, 2020, with a package of sweets and ask her to tie the Rakhi to him with the pledge that he will protect her to the best of his ability in the future. The accused was also directed to hand up Rs. 11,000 as a gesture of gift given by brothers to their sisters as part of the customary Raksha Bandhan rites, which the petitioners have challenged before the Hon’ble Supreme Court.

The petitioner filed a writ plea in the Supreme Court of India against the Madhya Pradesh High Court’s order. The following prayers were included in the petition:

  1. The Supreme Court directed the High Courts and trial courts not to make such observations in situations of rape and sexual assault which would trivialize the anguish endured by the victim and impair their dignity.
  2. The courts should not aim at compromises such as encouraging marriage between the accused and the prosecutrix and it should not be considered a judicial remedy. Compromises like this go against a woman’s honour and dignity. The petitioner cited the case of State of Madhya Pradesh v. Madanlal1 in support of his claim.
  3. The appellants further urged that no judge make any remarks or observations in the ruling that would reflect their prejudices and harm the woman’s dignity.
  4. In circumstances of sexual assault, no such restriction should be imposed that permits the applicant to see the complainant or her family members. The court was requested to provide gender sensitization directives for the bar and bench, as well as law students.
  5. Also, under Sections 437 and 438 of the Cr. P.C, the court was asked to set instructions on legally feasible bail terms.

Issues before the Court

  • Can a compromise be struck between the accused and the victim in such instances?
  • Is it acceptable for courts to issue such orders, and if so, what effect will such judgments have on society?
  • Do such directions constitute to conduct of the trial in an unfair manner?
  • Can the accused be permitted to meet the survivor or any of the members of her family?
  • What, most importantly, should be the guidelines that courts should follow when granting bail and anticipatory bail?

Decision of the Court

In rape and sexual assault cases, the court clarified that no compromise can be made or even considered under any circumstances because it would be against her honour. Courts and other law enforcement authorities are intended to be neutral agencies and are tasked to guarantee the fair conduct of the trial by preserving impartiality and neutrality. And such techniques in rape and sexual assault trials would shatter rape survivors’ faith in the court’s impartiality. The court also noted that women’s status and society’s attitude toward them are both poor, and they suffer greatly. They are already experiencing numerous problems in their life for being a woman in our culture.

Judgements set precedents that the entire society adopts at different stages: By judicial decree, orders such as tying Rakhi on the accused’s wrist transform the molesters into brothers, reducing and degrading the charge of sexual harassment. Therefore, the use of reasoning/language which lessens the offence and seeks to belittle the victim is notably to be avoided under all circumstances. The law does not allow or condone such behaviour, in which the survivor may be traumatized several times or forced into some form of non-voluntary acceptance, or be pushed by circumstances to accept and condone behaviour that is a major violation.

The petitioners urged that the High Court’s decision should be overturned. The petitioners argued that Sections 437 (3)(c) and 438(2)(iv) of the CrPC permit courts to impose whatever condition they see proper in the public interest, but that the conditions must be consistent with the other provisions. When considering cases of rape and sexual assault, the court in Ramphal v. State of Haryana2 concluded that compromise is irrelevant. The petitioner also requested that no judgement or order be passed by the court that could affect the dignity of women or the fair and unbiased conduct of trials, citing several cases where the apex court has rejected the idea of compromise on the grounds that it is antithetical to the woman’s honour and dignity and that it disparages and downgrades otherwise heinous crimes, implying that such offences are remediable by the judicial system.

The intervenors’ counsel argued that the court had the competence to impose sanctions under Sections 437(2) and 438. Requirements come in a broad variety of forms, and the court cited a number of cases in which judges imposed specific conditions for granting bail.

In its order, the Supreme Court framed various guidelines. These are as follows:

  1. Contact between the accused and the complainant should never be allowed as a condition of bail, and if bail is granted, the complainant should be informed as soon as possible, along with a copy of the bail order being delivered to her within two days.
  2. Bail conditions must precisely adhere to the stipulations of the Cr.P.C., and the order shall not represent patriarchal attitudes toward women.
  3. Any offer to the accused and victim for a compromise, such as getting married or mandating mediation, should be ignored since it is outside the court’s authority.
  4. The court has ordered a module as part of every judge’s basic training to ensure that judges are sensitive while considering cases involving sexual offenses and to minimize ingrained societal bias and sexism.
  5. The National Judicial Academy has also been urged to integrate gender sanitization as soon as feasible in the training of young judges.
  6. Similarly, the Bar Council of India has been mandated to incorporate gender sanitization in the LL.B. curriculum and as a mandatory topic in the All-India Bar Exam syllabus.

The Supreme Court commended the petitioner for his insightful ideas and overturned the Madhya Pradesh High Court’s bail terms. The court has established certain criteria in this regard. It also agreed to the recommendations for a gender sensitization curriculum in law schools, as well as for the bar exam and introduction training for newly appointed judges.

Conclusion

The victims of sexual abuse have always been blamed on Indian society. Women have been questioned repeatedly about their behavior, clothing choices, attitude, and when they plan to leave their homes. During trials, judges have frequently reinforced this practice by questioning the victim and making remarks that stereotype particular behaviors and threaten to disrupt the trial. With the Supreme Court openly criticizing such behavior on the part of the courts, hope for judicial reform has been reignited. Gender sensitization seminars will also aid in raising awareness of the issue among legal professionals.

By delivering this order, the Supreme Court has established a significant precedent for courts to follow in dealing with sexual assault victims in the future. Discussing the faults of a patriarchal culture has set an example for its enormous audience. This will go down in history as a significant step toward women’s independence. It is hoped that if the standards are followed, we will not see such arbitrary conditions in judicial orders in the future.

Almost certainly that judges assume the most essential part as the educator, as the defender, and as the watchman, and anything they say turns into the points of reference that is then trailed by lower courts in their decisions, and consequently it turns out to be vital for the judges to take the most extensive level of care while offering any expression which influences the actual premise of legal executive and confidence of individuals. In cases connected with the assemblage of ladies and particularly in sexual offenses cases, even little mistakes either as a judgment or any assertion made by courts might prompt genuine offense against the survivors. There have been different examples of orientation related cases as of late when courts have believed the victim to make split the difference by permitting the accused to marry her or as in the present case by requesting him to get Rakhi tied on his wrist by the victim or by making some other split the difference as the court might coordinate. Such translations are horrendous in nature and show the quality of judges towards the ladies yet as it is said Judiciary is a self-recuperating process, present judgment by Supreme Court validated the explanation. Outlining the guidelines for orientation sterilization and adding it to the curriculum of LLB will assist the legal advisors with instilling the impartial and nonpartisan quality towards the ladies which will most likely assist the victims in fair direct preliminary with practically no dread on their part.

Intentional or otherwise, such comments by trial courts and high courts should be avoided at all costs. Judicial stereotyping is another term for this. When judges attach specific attributes to someone based on their gender, religion, caste, or race, this is known as judicial stereotyping. Judges often reinforce hazardous prejudices as a result of this, rather than questioning them as they are intended to. Because of the vast audience that court declarations serve; such remarks can have a greater social impact. Stereotyping also has the potential to undermine the judge’s impartiality, obstructing a fair trial. Creating rape myths or an idealized picture of a sexual assault victim also undermines the incident’s credibility and the harm suffered by survivors of sexual assault who do not fit the public image of a chaste lady.

Women are underrepresented in the legal profession, and women lawyers frequently experience discrimination and discriminatory remarks. As a result, in order to assure gender-biased-free judgments, the first step should be to create an equal environment within the institution and raise awareness about the issue. The answer to these ills comes from public discourse and keeping organizations with the potential to make a difference responsible. Such sexist judgments should be condemned and held up as an example of what is not acceptable behavior.

Citations:

  1. (2015) 7 SCC 681
  2. 2019 SC 1716

This case analysis is done by Arryan Mohanty, a 2nd Year Student student of Symbiosis Law School.

OFFENCES AGAINST WOMEN IN INDIA IN THE CONTEXT OF IPC

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ABSTRACT

The article seeks to discuss and elaborate on the crimes committed against women through the lens of the Indian Penal Code.

INTRODUCTION

Indian Penal Code is a comprehensive code that integrates and codifies the criminal law of India. The Code prescribes punishment for offenses committed within India. IPC was basically the brainchild of the English government. The first law commission of India1, which was established by the Charter Act of 1833, steered the drafting of IPC, under the tutelage of Thomas Macaulay in 1834. The drafting of the code was completed in 1850 and was presented to the Imperial Legislative Council in 1856 which was ultimately enacted by the Imperial Council on 6th October 1860. The Criminal Code was initially enforced only upon selected Indian States. However, after the Independence of India, the ambit of the act was gradually widened and it covered the entire Indian territory except for the State of Jammu and Kashmir, wherein, after the Jammu and Kashmir Reorganization Act 2019, the IPC came into force. The IPC is divided into 23 chapters, spanning 511 exhaustive sections. Each Chapter of IPC deals with a separate category of offense in the most elaborative and fastidious fashion.

Women are the building blocks of any society. They are synonymous with empathy, motherhood, empowerment, and development. However, like the men and children and other sections of society, the women too need the constitutional and legislative safeguard to protect their interests. Women, as a quintessential section of Indian society, have been vulnerable to myriad crimes. The patriarchal mindset of Indian society coupled with inequity and physical fragility, have jeopardized the interests of women.

IPC serves as an effective tool to serve the interests of all the sections of the society, especially the women, and thereby in that furtherance, categorically lays down descriptive code to punish the people for their crimes. It addresses some of the most rudimentary and fundamental issues concerning the safety of women in everyday life in length and breadth.

PROVISIONS OF IPC THAT DEAL WITH CRIME AGAINST WOMEN2

In order to proceed further, it is to be noted that Section 10 of IPC describes ‘women’ as female human beings of any age group.

1. OFFENCES AFFECTING LIFE

  • Section 304B of IPC: Dowry Death.
    It prescribes that if the death of a woman is caused within 7 years of marriage due to bodily injury or burns and it could be shown that soon before her death she was subjected to cruelty by her husband or his relative, then such death would be deemed as dowry death and the punishment for the same would be imprisonment for a minimum term of 7 years, which could be extended to imprisonment for life.

2. OFFENCES INVOLVING MISCARRIAGE AND INJURY TO THE UNBORN BABIES

  • Section 313:
    Miscarriage without Consent: Causation of miscarriage of a woman without her consent and good faith is punishable with a term of up to 10 years or with a fine, or both
  • Section 315:
    Any act done explicitly and not done in good faith, leading to the death of a child after birth or preventing it from being born alive is punishable with a term of up to 10 years and a fine.

3. OFFENCES CAUSING HURT

  • 326A: Voluntary Causing Of Hurt With The Use Of Acid
    Voluntary causation of grievous hurt by throwing/administering acid, that leads to permanent or partial deformity/ damage to any body part of the victim is punishable with a minimum term of 10 years which could extend up to life imprisonment and with fine
  • 326B: Attempting To Throw Acid
    Any attempt to throw or administer acid to any person leading to permanent or partial deformity of any body part is punishable with a term ranging from 5 to 7 years and with a fine.

4. OFFENCES INVOLVING USE OF CRIMINAL FORCE AND ASSAULT

  • Section 354: Outraging Modesty Of Women
    Intentional use of criminal force (assault) to outrage or likely to outrage the modesty of women is punishable with a term not less than 1 year, which may extend up to 5 years, and a fine.
  • Section 354A: Sexual Harassment Of Woman
    Sexual harassment of women by physically touching her, making sexually colorable remarks/ expressions, showing pornography against her will, demanding sexual favors is punishable with a term ranging from 1 year to 3 years or fine or both.
  • Section 354B: Use Of Force To Disrobe Women
    Use of criminal force to disrobe a woman or compel her to be naked is punishable with a term ranging from years to 7 years or fine or both.
  • Section 354C: Punishment For Voyeurism
    To capture an image or watch women engaging in the private act where women would reasonably expect privacy is a punishable offense wherein the offender is liable with a term of up to 3 years of fine or both.
  • Section 354D: Punishment For Stalking A Woman
    Stalking a woman by contacting or following her, or attempting to develop personal interaction against the will of the woman, except in cases of discharging legal or public duty, is punishable with a term of up to 3 years and a fine, which may extend up to 5 years.
  1. OFFENCES RELATED TO ABDUCTION/KIDNAPPING
  • Section 366A and Section 366B
    Both these sections deal with the procuration of a minor girl under the age of 18 years from any part of India or abroad respectively for the purpose of forcing her into illicit intercourse with another person is punishable for a term of up to 10 years and with a fine.
  • Section 370
    Trafficking of a person by means of force, fraud, abduction, inducement, threat, or force for the purpose of exploitation of the victim with or without its consent is punishable for a term ranging from 7 years up to life imprisonment along with a fine, depending upon the grievousness of the situation and crime.
  • Section 372 and Section 373
    Selling and buying of minors respectively for the purposes of above Sections, under the age of 18 years for the purpose of prostitution is punishable with imprisonment for a term of up to 10 years and fine.
  1. OFFENCES INVOLVING SEXUAL CRIMES
  • Section 375: Definition Of Rape
    This section defines rape. Rape is committed if a man applies his mouth or penetrates his penis/ any object or into mouth, vagina, urethra, or anus; or manipulates any body part of a woman so as to facilitate penetration against the will of the woman or with her consent by coercing/ putting her under fear/ deceiving her to be her lawful husband or under intoxication or when she is under 18 years of age.
  • Section 376: Punishment For Rape
    Rape is punishable with a minimum term of at least 10 years and with a fine that may extend up to life imprisonment. Rape by police officers, public servants, members of armed forces, jail staffs, hospital staff, staff of remand home, persons exercising fiduciary relationship, is punishable with rigorous imprisonment of five to ten years, extending to imprisonment for natural life along with fine.
  • Section 376A: Punishment For Rape Resulting In Death
    This Section deals with punishment for causing death or persistently vegetative state of the victim due to rape. The offender will be liable with imprisonment of a minimum of 20 years which shall extend up to life imprisonment or even with death.
  • Section 376AB
    Raping a woman under 12 years of age shall result in imprisonment of at least 20 years and with a fine, which may extend up to life imprisonment or with death.
  • Section 376B
    Rape by husband upon his wife during the period of the decree of separation shall be punished with a term of at least 2 years, extendable up to 7 years, and with a fine.
  • Section 376C
    Rape committed by people in authority, public servants, or by those in a fiduciary relationship, or by management of a hospital or by jail staff, shall be liable to be punished with imprisonment of a minimum of 5 years, which may extend up to 10 years, and with fine.
  • Section 376D: Prescribes Punishment For Gangrape
    Rape committed by two or more men acting in furtherance of common intention shall be punishable with imprisonment of not less than 20 years which may extend up to life imprisonment.
  • Section 376DA
    Rape of girls under sixteen years of age is punishable with imprisonment of a minimum of twenty years extending to imprisonment for natural life along with a fine.
  • Section 376E: Prescribes Punishment For Repeat Offenders
    A person committing rape, who has been previously convicted of rape under Section 376, 376A-D, shall be punishable with imprisonment of life.
  1. OFFENCES INVOLVING COMMITMENT OF CRUELTY BY HUSBAND UPON HIS WIFE
  • Section 498A
    Cruelty includes the acts of harassment by the husband or his relative that is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb, or health; or any unlawful demand for any property or valuable security. The husband or his relative who subjects such women to cruelty shall be punished with imprisonment for a term which may extend to three years and with a fine.

CONCLUSION

Even in this 21st century, where the technological advancements and the cogent changes in the perception of the moral standards of Indian society have revolutionized our way of life, women continue to be subjected to multitudes of crimes every day. IPC as a criminal code provides the basic framework for legislative penal actions. It serves as a foundation and paves way for the introduction and enactment of specific women-centric legislative pieces to exhaustively address the issues of women and chalk out the way forward.

References:

  1. Historical Introduction to IPC (PDF)
  2. https://legislative.gov.in/sites/default/files/A1860-45.pdf

This article is written by Riya Ganguly, 2 nd year BBA LLB student at Bharati Vidyapeeth New Law College, Pune.

Delhi High Court Confirms Conviction of Rape Accused

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-Report by GURPREET SINGH

FACTS

On 15.6.16, the prosecutrix, along with her niece around 9 P.M went to Narispur Sabzi Mandi to purchase vegetables. On reaching Buddha Jayanti Park, the accused obstructed her and forcefully took her to a secluded place in the park and raped her around 9.30-10 P.M . The Prosecuterix managed to run away from the clutches of the accused, got reunited with her niece, and narrated the incident to her. After the incident, they went straight to Shani Mandir, Dasratpur where they narrated the incident to the husband of the niece, who called the police, and the accused was apprehended as he was still following them. The Trial Court convicted the accused under section 354 D and 376 of the I.P.C. Aggrieved by the said order the accused approached the High Court in appeal.

CONTENTIONS

The learned counsel of the appellant contended that there was the consent of the prosecutrix in the act and the consent can be adduced by the fact that she did not raise an alarm on noticing the accused following her in the mandi. The counsel further contended that the appellant did not raise an alarm at the point of the time of the alleged rape incident as well. They further contended that the niece of the prosecutrix requested the appellant and prosecutrix to get ice cream for all of them and at that point in the time prosecutrix agreed to have sex with the appellant instead of money. They further contended that no external injuries were found on the prosecutrix and that contradicts their theory of rape.

DECISION OF THE COURT

The Court by pursuing the testimonies and other evidence on record concluded that the explanation of the prosecutrix in concluding that the accused might have been shopping in the mandi as others, on observing that he was following them. Further, on the point of prosecutrix not raising an alarm at the time of incidence, the court reasoned that the place of incidence was scheduled and there even if she had raised an alarm, it would have reached no one and the MSL report indicates injuries on the appellant that depicts resistance by the prosecutrix. The argument of the accused that he befriended the niece of the prosecutrix and when requested by her to get ice cream, he offered money to prosecutrix to have sex and she consented is an afterthought as he in his statement under section 313 C.R.PC stated that he refused to pay money to the prosecutrix after having sex with her on the premise that he did not possess an amount of Rs 300. This contradicts his statement. The Court further placed reliance on the State of Himachal Pradesh v Manga Singh, which held that the conviction can be based solely on the solitary evidence of the prosecutrix and no corroboration be required. The Court confirmed the conviction of the accused and directed the trial court to consider compensation to the victim in light of the Delhi Victim Compensation Scheme.

A Judgment Passed by Kerala High Court Interpreting the Definition of Rape u/s 375 of IPC

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During the proceeding of a matter, Kerala High Court on Monday while interpreting Section 375 of IPC stated as to when the body of the Victim is manipulated to simulate a sensation similar to penetration of an orifice, then such act also leads to the offense of rape.

The above Judgment was made while deciding a matter wherein a minor child stated that his neighbor had sexually assaulted her on various occasions for six months. The offense not only attracts section 375 of IPC but also an offense under the protection of Children from Sexual Offences Act, 2012.

The offense was registered and the Trial Court after the evaluation of the entire matter has found the accused guilty and was sentenced. So the accused moved to the High Court stating that the victim has not proofed her age and also as per the definition of rape stated in IPC states rape happens when any accused penetrate his penis into the Vagina, mouth, Urethra, or anus of women but in the present case the accused is been accused of inserting the penis between the thighs of the victim does not amounts to rape.

After the appeal in the Kerala High Court, the difficulty faced by the High Court was in solving the problem that has been arrived before the bench whether the act to accused will be considered as rape or not. The further solved this problem and interpreted the definition of rape by stating the accused had committed the offense of rape as he had done the penetrative sexual act between the thighs of the victim to obtain sexual gratification which amounts to rape.

-Report by RIDDHI DUBEY

Rehabilitation Of Rape Law Victims

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Introduction

Let’s start by discussing what rehabilitation is and how it works. Rehabilitation in the general sense is getting back to the normal life of a victimized person who has done something wrong and has been imprisoned for that, and this process of rehabilitation starts after imprisonment. This process includes more training to get back to normal life and to keep track of their mental health. The path is often paved with so many hours including therapy and education and more. In the legal sense, it means that a criminal needs rehab for the crime to not be repeated in the future again. And the process of rehab doesn’t just include educating and therapy, it is more of the right process or processes to straighten the mind of the convicted person.

What is Rape?

Rape is an unlawful sexual activity; the act of rape is very heinous. This activity is against the will and consent of the person which duly affects the mental health and the physical health of the victim. It may be said that the sexual intercourse of a man with a woman against her will, and it is forcefully. Though the definition of rape has been changed for many years. Rape is a manifestation of a process wherein women are objectified as the property of men. There are many cases in many countries of Rape. The only thought of therapists is to create fear in the minds of the victims and they desire to punish, cause pain and take revenge with them. 

The general age wherein the rape happens more often will be across 14-18 years of age. Sexual intercourse with a person below the prescribed age will be said as statutory rape. Sexual assault or sexual violence will affect a person very badly. 

Who are rape victims?

Generally, the rape victim is the one who has been affected by sexual assault in the form of rape. The activities carried out will be with physical force, violence, and who is incapable of valid consent can be termed as a rape victim. These circumstances will affect the victims very badly.

The consequences of rape to a woman or man can be classified as physical, mental, or emotional. Rape victims are the ones who are faced with sexual assault or violence either way known as rape and this is totally against their wills. There are certain cases, they are raped very badly and which leads to the death of the victim. And, in certain cases, they are raped and this doesn’t lead to the situation of death. Rape victims go through a lot of difficulties.

Consequences of rape:

There are many consequences that any consequences lead to bad situations and decisions in life further, these may be either physically or mentally:

– Unwanted pregnancy: The most immediate of rape may give a rise to chances of pregnancy. Now, it depends upon the age of the victim, for the conceiving of the child. In most rape cases, wherein the women get pregnant they opt to abort the child; it is because of the illegal criminal act done against them.

– Exposure to diseases: They may be exposed to some of the diseases which are transmitted due to sexual intercourse. This would lead to long-term or short-term disease and sometimes it may take life too.

– Damage to the body organs: Rape being forceful intercourse, will appear to damage some of the organs of the body part. The risk is more around the age of teenage girls. During the rape or after the rape they will be torturing or harassing them by beating them up very harshly. This might even end up losing their lives.

– Trauma: The effect of rape is psychologically a trauma. The victims are exposed to some mental and different trauma which may lead to taking any dangerous steps. The effect will be shown whenever they try to socialize with a group of people or especially with men. The effects last longer till the victim’s lifetime. 

– Suicidal tendencies: The most effective thought for a victim would be suicide. Because of the blame, pity, the trauma they n longer have the hope to live their lives and will be in a thought that they might not recover from it anytime sooner.

Rehabilitation of rape victims:

The idea of rehabilitation of rape victims is a very thought-provoking concept. This usually gives victims a better idea of when to start looking for them. The rehab changes everything. It is usually a process that involves long hours of therapy. Therapy is the process to change their thinking. It is to restore a good condition so he or she can effectively operate again in the real world which involves a lot of time and analysis. During the rehab plan, the right decisions should be made so that the process of rehab goes well. 

Rehab for rape victims would be a better idea. Because it gives them another chance to build themselves and face the real world again. This process includes a lot of education, analysis which lasts up to longer hours. They analyze how a victim can be recovered from the trauma. This process of rehab varies from one victim to another. The ultimate aim is to get out the fear, trauma and straighten out the mind of the victim. This process is truly a lifesaver. Rehab processes last longer than usual because it goes in-depth to understand the victim and get that victim to a normal person again. It includes counseling sessions and many more processes which are to make the victim positive and ensure safety. They have suffered a lot, through which they won’t come up easily and tell clearly, the process of rehab involves interactive therapy. By all the processes it is just to ensure that they won’t have any negative thoughts in their mind and which may lead to bad decisions in life.

Conclusion:

Therefore, the process of rehab for rape victims is one of the essential processes these days. It indicates a lot more things, which help them to face the real world again. Hence, this process involves a lot of therapy which involves a lot of hours. It leads to a good path which is by the process of therapy and education given to them. Therefore, Rehabilitation for rape victims plays an important role for the rape victims.

The article has been written by Saba Banu, a 3rd-year law student from Pendekanti Law College Hyderabad.

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Loopholes in Rape Law in India

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The present article is written by Aayukta Sharma student of BBA LLB from NIMS University Rajasthan, Jaipur.

Introduction

Lord Macauley drafted Indian Penal Code which came into operation in 1862. It is almost a century-old codified law. Timely amendments were also made during the functioning. No commendable amendment has been made to date. There are many loopholes in the existing law that need amendments for the smooth functioning and delivery of justice on time. One such law which is in need of amendment is for “Rape” which terribly lacks provide justice and has massive loopholes. A loophole is an omission or ambiguity in a legal document that allows the intent of the document to be evaded. Loopholes can exist during the outset of the law or due to the changes in society and its trends. The existence of loopholes in generality is due to unforeseeable circumstances or changes in course of conduct. 

Rape as a social issue and crime

Rape is the most heinous crime and barbaric in nature. It has been compared with murder by Justice Arjit Pasayat. He says –

“While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female.” 

It clearly defines rape as worse than murder. After the murder, a person dies and the soul is released but after rape, if the rape victim survives, it becomes very difficult to erase that black spot of harassment and sexual assault from her soul.

The unlawful sexual intercourse with the woman forcefully or under threat of injury to her or any other person. In any of the circumstances where sexual intercourse happens where the consent is not free consent can be termed as rape. Consent is the core concept of it. 

Sexual intercourse at the time of sleep, unconsciousness, or intoxication is also rape irrelevant of the fact the intoxication is voluntary or involuntary. Which states that in those conditions where the person is not in the state to communicate the consent is deemed as no consent. 

There are many terms that have undergone change after the amendment of 2013. Before 2013, “sexual intercourse” meant “penetration of male sexual organ into female genitals only”. Later courts interpreted sexual intercourse as “mere slightest or partial penetration of the male organ within the labia majora or the vulva or pudenda is sufficient to constitute sexual intercourse”. 

It is laid down that there is no requirements of injuries on the private parts of the women to constitute a rape

Rape laws are not gender-neutral

Rape defined in the Indian Penal Code,1860 under section 375 says- “A man is said to commit rape”, “……with a woman” is said to commit rape. The definition and description under the law frame men as the criminal and woman as the victim always. It is true in the male dominating society that the men are the sexual offender, they showcase their power they dominate the woman. Women are one of the oppressed groups. It is a general perception that rape is done for the sexual satisfaction of the person.

“Rape” is something that is always projected on the female population. The word “victim” under the rape law has always been associated with women. There is a need for a gender-neutral law in India. The issue of gender neutrality in rape laws was first raised by Delhi HC. However, the court went beyond its mandate to opine on the issue of gender neutrality as well. It observed that the men who have been sexually assaulted or harassed must have the same protection as female victims. 

JS Verma committee who was behind the Criminal Amendment Act,2013 also suggested that the rape law should be gender-neutral but the suggestions were not entertained at all.

The custodial rape case of Mathura

After the Mathura rape case, there was a drastic change in the way people looked at rape, a turn in the perspective of rape’s definition and consent of sexual intercourse when an Adivasi girl from Mathura was brutally raped in Desai Ganj Police Station of Maharashtra by a policeman.

The Session court reached the conclusion, back in 1972 that the girl was habitual of sexual intercourse hence, rape could not be proved. In 1978, the Hon’ble Supreme Court said, there were no marks of injury found on the girl’s body, the absence of them makes it consensual. 

The courts stressed the fact that the depth of the penetration of male organs is immortal. The essential conditions of rape are penetration and not ejaculation. Ejaculation without penetration will constitute an attempt to rape and not rape.

Marital rape

Tracing down the origin of the word “rape”, it is derived from a Latin word “rapio” which means “to seize”. Looking closely, it means forcible seizure of someone irrespective of the relations with that person. The exception of the statute has become a misery for wives. The exception states that “sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape”. The statute has been contrary to itself, one side it covers all the aspects and ingredients of the brutality of rape. On the other side, it gives the man advantage of becoming the husband who can rape his wife above the age of fifteen anytime. Here, inserting the exception, the law fails to acknowledge the facts that she is a woman before she became a wife. It violates Article 21 of The Indian Constitution, “Right to life”, which contains the “right to live with personal dignity”. Her dignity as a woman is snatched away with the exception of marital rape in the statue.

One of the reasons for marital rape is the traditional role assigned to the married women in our society, she is tagged as “Pati-vrata stri” which means faithful, pure, and obliged women. Thus, she is obliged to follow her husband’s direction fully and fulfill his every wish without questioning and denying it. 

Statute of Paedos

It is also an unjust law on the age factors, as it states the consent of the girl under the age of sixteen is not eligible for the consent of sexual intercourse which was extended to eighteen years after the amendment. This means even if the girl aged eighteen gives consent to sexual intercourse, it will still be considered rape. The law states, “her consent is no consent” and gives a reason that she is incapable of understanding the consequences of the act. 

Conclusion

The law needs to get updated with the changes in society. IPC does not recognize Marital rape as a crime, even in the latest Criminal Amendment Act of 2013 it did not make any provision related to it. Law pre-assumes that in marriage, the wife has consented to all kinds of matrimonial obligations to her husband including sexual intercourse. So, without any specific legal provision in the statute, it is almost impossible to stop this perversion of marital rape. Its high time to make the rape law gender-neutral, which is the need of the society and demand of article 14.

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The Shortcoming of Rape Laws in India and a Need For Change

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The Present article has been written by Gracy Singh, pursuing BA. LL.B.(Hons.)(2nd year) from Mody University of Science and Technology, Lakshmangarh, Rajasthan.

INTRODUCTION

India used to believe in the concepts like “Matri Devo Bhava” (the woman is revered to God), and “Yatra naryastu pujyante ramante tatra, Devata, yatraitaastu na pujyante sarvaastatrafalaah kriyaah” (Divinity blossom where women are honored, where women have dishonored all actions remain unfruitful). This concept seems to disappear in the present time as the number of sexual offenses against women keeps increasing. One such sexual offense which has become the most common crime in India is Rape. It is the most heinous crime as well as a huge disgrace to humankind. Rape means having sexual intercourse without the consent of another person. 

According to National Crime Records Bureau’s (NCRB), 88 rape cases per day, and 32,033 in the year were reported in India in the year 2019. The list is topped by Rajasthan (6,000 rape cases), and Uttar Pradesh (3,065 rape cases).  These are reported cases there are the majority of crimes against women committed by know people such as family members, friends, and neighbors; whereas in some cases victims are coerced by their families to keep silent. Who should be blamed for this?

LAWS REGARDING RAPE IN INDIA 

  1. India Penal Code, 1860 – 

In the Indian Penal Code, Section 375 states that rape is said to have been committed when a man has sexual intercourse with a woman without her consent or against the free will or obtains consent by force, fear of death, or by making her believe that the person is married to her, during the unsoundness of her mind, or intoxication.

  1. The Criminal Law (Second Amendment), 1983 

In the case, Tukaram v. the State of Maharashtra commonly known as Mathura Rape Case, a girl Mathura aged between 14-16 years, was raped by two police constables. Her family filed a case against two constables. The court said that Mathura did not call out for help and there were no visible marks on her body, so the act was consensual. The court further added that she was habitual to sexual intercourse. 

This case triggered endless violence across the nation; it was observed that the verdict given by the court was not sensible, legitimate, and linguistic. Women started protests demanding modification in the law. 

In 1983, The Criminal Law (Second Amendment) was brought that amended the Indian Evidence Act, Section 114 (A) was added stating that if the victim says that there was no consent, the court shall presume that there was no consent given. Custodial Rape was made punishable, and the character assassination was prohibited of the rape victim in court by this amendment.

  1. Amendment to Indian Evidence Act, 2002 

In 1983, character assassination was prohibited but cross-examination of the rape victim was not defined. An NGO, Sakshi filed a PIL pointing out the humiliation, dishonor of the sexual integrity, and personal space faced by the victims during trials in the court. 

Later, the Supreme Court ordered the Law Commission to review rape laws and to recommend the changes. As per Section 155(4) of the Indian Evidence Act, 2002, a defense lawyer could dishonor the testimony by proving the immoral character of the victim. Therefore, this clause was amended in 2002, and the cross-examination of the victim was prohibited. 

  1. Protection of Children from Sexual Offence Act (POCSO), 2012

As per the statistical data, Indian reported a 336% increase in child rape cases from 2001 to 2011. NCRB statistics showed that 48,338 child cases were reported during this period. This led to an urgent need for a law for child victims of sexual offenses.  It is gender-neutral and includes the abetment of child sexual abuses, sexual harassment, child pornography, and non-penetrative assault. Hence, POCSO (Protection of Children from Sexual Offenses Act) was passed in 2012. This Act made the police in charge to ensure the protection of the child during the investigating process, and provide medical treatment in emergencies. Also, the courts were allowed the conduct the in-camera trial without revealing the true identity of the child. The Act also made it mandatory to report child sexual offense cases.

  1. Criminal Law (Amendment) Act, 2013

In 2012, Mukesh and Anrs. v. NCT Delhi and Ors. a 23-year-old girl was brutally gang-raped in a moving bus, which led to her death. This led to protest in the country, demanding not only amendment in the laws but also the perspective towards rape. It became a women’s rights issue in India. This case also led to reconsider the laws as well as realizing that still there are many crimes against women that are not mentioned in our legal framework such as stalking, voyeurism, acid attacks. 

This led to the Criminal Law (Amendment) Act, 2013, that added stalking, voyeurism, and acid attacks into the definition of rape, a threat to rape is also considered as a crime. The punishment for rape was changed from seven years to ten years, in case of vegetative state or death of the victim, the punishment was increased to 20 years. The age was changed from 18 to 16 to the Juvenile Justice Act for being tried for crimes like murder, and murder since one of the accused in this case was minor.

  1. Criminal Law (Amendment) Ordinance

In 2018, an 8 years old girl was gang-raped and murdered by two men and a juvenile in Kathua, a district in Jammu and Kashmir. This case led to outrage among the masses in the nation. An amendment was brought in POCSO, and made rape punishable of a child below 16 years, as well as the minimum punishment, was made 20 years of imprisonment and death penalty in case of death of a child below the age of 12. The fast-track clause was amended from a year to six months.

PROBLEMS IN THE RAPE LAWS  

  1. Justice delayed, justice denied

In the case of the Delhi Medical student rape case, the fast-track court was set up, and it wrapped up the proceedings of the case within eight months. The convicts were given the death penalty but it took more than seven years to hang them. In 2019, more than 1.66 lakh cases are pending in Fast Track Courts; there will be no final closure even though all the legal formalities are completed and judgment is passed by FTCs. Fast-track justice could instill fear among the people.

  1. Gender Biased

It is time for society to understand and accept that men can also be the victim of trape. The most affected groups by the gender-biased laws are transgender and non-binary persons who more often face abuse and sexual assault. Lawmaker needs to understand that any person can be a victim and a perpetrator. Law should not be amended to claim that both men and women are affected by rape in the same manner rather an amendment should change the way society sees gendered stereotypes of sexuality.

  1. Botched investigations, few convictions

The police are considered shoddy as they do not know how to collect evidence like samples, photographs, fingerprints, and the crime scene is rarely protected. This results in poor prosecutions, few convictions, and amiable jail terms for offenders who are convicted.

  1. Stricter Laws

In India, rape is a common crime, the majority of cases go unreported. The accused in most of the cases are known or trusted people. As the laws are made stricter and also have the death penalty in some rape cases, victims are murdered so that they cannot tell or lodge a complaint against the perpetrators. 

  1. The Legality of Child Marriage 

The Supreme Court read exception 2 of section 375 and held that an act of sexual intercourse of a man with his minor wife will amount to rape. A marriage between a minor girl with an adult is voidable at the girl’s choice but it not completely void. Child marriage is granted legitimacy. Therefore, an adult can have sexual intercourse with his minor wife, but unless it is not reported this will not be a crime. In India, the probability is that number of such cases will remain unreported. But declaring child marriage void could stop this crime against minors.

  1. Statutory Rape

It is defined under Section 375 of the Indian Penal Code states that if any man has intercourse with any girl below 18 years, with or without her consent will constitute statutory rape.

There is no difference left between sex between an adult and a minor, or two consenting minors because minors are considered to not have enough knowledge to give consent for sex. In such cases, sometimes the boys involved are unjustly convicted under the statutory rape clause. In a case, the Madras High Court said as obiter dicta that sexual activities between minors above the age of 16 should not be criminalized.

  1. Marital Rape

India is one of 36 countries where marital rape is legalized. However, the UN Committee on Elimination of Discrimination Against Women (CEDAW), as well as the  Justice Verma Committee, recommended criminalizing marital rape. Still, there is no law to protect women from marital rape. It violates the right to live with dignity (Article 21), and the right to privacy, only women below or 18 years of age are protected from marital rape but what about the women above 18 years? 

Case Study –

Kajal (not her real name), Madhya Pradesh

Kajal, a rape victim who was 23, said that after she filed a complaint of gang rape in the Neemuch district of Madhya Pradesh, she, and her father was detained, threatened, and beaten up by the police. She was slapped, beaten up with a stick, and compelled to sign on several blank papers, and forced to give a false statement in court or her father will be arrested on false charges. Police filed a closure report stating that Kajal and her father had filed a false case against the man accused because of the land dispute between them. However, the closure report was rejected, and the investigation officer was summoned by the chief judicial magistrate. 

Due to threatening from the accused Kajal’s parents asked her to move away from their home before her in-laws abandoned her when she filed a report of rape. When she was in urgent need of medical and counseling support but she was not provided with any referral for counseling.

CONCLUSION

Many changes have been brought in rape laws since 1860 and tried to bring the change in the existing condition of women but still, there are changes required such as criminalizing marital rape. Some laws end up having some negative effects. Every time a big rape case is noticed, the nation is shaken by the outrage and public demanding modification. However, many unreported cases also do not get similar public attention. In current rape laws changes and additions are required. It is time to bring some changes and fight this evil proactively. 

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Speedy Trial In Rape Cases: Its Importance and Prevalent Loopholes

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The present article has been written by Prateek Chandgothia, pursuing BA. LL.B. (1st year) from the Rajiv Gandhi National University of Law, Punjab.

India witnessed one of the gravest rape cases in December 2012 which shook the national capital and subsequently the whole of India. Wide-spread protests broke out through the country demanding the justice of the rape victim, who was designated with the title of Nirbhaya for the level of mental toughness and endurance portrayed by her. Various legislations were passed in the aftermath of the incident as the four accused were awarded the death penalty and were hanged to death on 20th March 2020. The 8-year long wait for justice paints a disturbing picture of the Indian criminal justice system and indicates the necessity of speedy trials in rape cases.

Legislative Analysis of Rape Laws

The Indian Penal Code criminalizes rape as a sexual offense under Section 375-377. Rape is defined under Section 375 of the IPC as “sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she has been intoxicated or duped or is of unsound mental health and in any case if she is under 18 years of age.” The Criminal Law (Second Amendment) Act was enacted in 1983 which marked a paradigm shift like the rape laws in India by strengthening the position of women in such cases. Section 114A was introduced in the Indian Evidence Act of 1872 which stated that it must be presumed that there is the absence of consent in certain prosecutions of rape if the victim says so. Furthermore, Section 228A was introduced in the IPC which makes it punishable to disclose the identity of the victim of certain offenses including rape. 

In the aftermath of the Nirbhaya Rape Case, The Criminal Law (Amendment) Act 2013 was enacted. It expanded the scope of rape by including offenses like the use of criminal force on a woman with intent to disrobe, voyeurism, stalking, use of unwelcome physical contact, words or gestures, demands, or requests for sexual favors, showing pornography against the will of a woman, or making sexual remarks. Along with the extension of the scope of rape, the punishments were also increased significantly through this amendment. The act increased jail terms in most sexual assault cases and also provided for the death penalty in rape cases that cause the death of the victim or leaves her in a vegetative state. The punishment of gang rape was increased to 20 years to life imprisonment from 10 years to life imprisonment. The punishment of stalking was set at imprisonment for 3 years and punishment for the acid attack was set at 10 years of imprisonment. The amendments were not confined to the Indian Penal Code as the 172nd Law Commission report led to amendments in the Indian Evidence (Amendment) Act of 2002 which further strengthened the position of women in rape cases. The new provision barred putting questions in the cross-examination of the victim as to her general ‘immoral character’ in rape or attempt to rape cases. However, the effect of these legislations has been negligible in terms of statistics as according to the National Crime Record Bureau, a woman is raped every 16 minutes and 88 rape cases are recorded daily. In 2019 alone, 32,033 rape cases were recorded. Therefore, these legislations have not deterred the occurrence of rape cases in India.

Fast Track Courts: A Reality Check

Fast Courts have been a part of the Indian legal system since 2000 which gained significance after the Nirbhaya Rape Case in 2012. The main objective of these courts was to deal with the crime against women, child trafficking under POCSO Act, crime against senior citizens, crime against the disabled, and other heinous crimes. As quoted by the 11th Finance Commission of 2000, the fast-track courts are recommended: “to substantially bring down, if not eliminate, pendency in the district and subordinate courts over the next five years”.

However, various statistics indicate an entirely contrasting situation. According to the NCRB data, trials in fast-track courts take longer than trials in regular courts. It is reported that out of more than 28,000 trials completed in India’s fast-track courts in 2018, only 22% took less than a year to complete. This is the lowest percentage among all kinds of courts including SC/ ST courts, Additional Session Judge Courts, District/ Session Judge Courts, POCSO Court, Sub-Judge Courts, Special Courts, and Special Judicial Magistrates. Furthermore, around 42% of the total trials took more than 3 years to complete, while 17% took more than five years to complete. These statistics indicate that the fast-track courts have failed in achieving the very objective for which they were established.

It is essential to note that the mere establishment of fast-track courts is not sufficient in countering the inadvertent delays in the trial of the rape cases. Various inefficiencies have infested the working and establishment of the fast-track courts. Fast-track courts have been established under the centrally sponsored scheme of allocation of funds which is overseen by the Department of Justice. The scheme was established in 1993 stating that 60% of the funds must come from the center and 40% of the funds must come from the states. In 2020-21, Rs. 767 crores were approved for the construction of 1,023 fast-track courts under The POCSO act, 2012 based on the centrally sponsored scheme. The particular scheme leads to disparity in fund distribution among states which was evident when the Maharashtra Government sanctioned the construction of 138 courts with the expected cost of Rs. 100 crores. This extracts Rs. 60 crores as the share from the center leaving only on an average, a sum of Rs. 26 crores for the other states. 

Various veterans in the field of criminal law have pointed out various flaws in the mechanism of fast-track courts indicating that they are similar to the regular courts, if not worse. It is stated that the nomenclature of ‘fast-track’ courts exists just in the name and not in the functioning of the courts as the judges and the procedure are identical in nature. Various procedural inefficiencies have been pointed out like the witnesses not coming on time, lawyers not turning up and while the judges don’t have the power to discipline them, the bar councils don’t take any action against them. Recording of evidence is a major stage in a trial that concerns grave violations and plays a significant role in the delay in the delivery of judgment. The longer duration of trials in special fast-tracked courts has been justified by the serious and complicated nature of the cases they deal with as they require recording of more evidence than regular cases.

Effective legal assistance is an important factor missing from the remedies provided to sexual assault victims. The Ministry of Health and Family Welfare issued guidelines for medico-legal care for survivors of sexual violence intending to standardize healthcare professionals’ examination and treatment of sexual assault survivors. The guidelines provide scientific medical information and processes that aid in correcting pervasive myths. However, under the federal structure of India, health is a state subject and therefore, the states are not bound to follow the said guidelines. The Hon’ble Supreme Court in a 1994 case ruled that police should provide sexual assault victims legal assistance and keep a list of legal aid options which do often not conform to. 

Moreover, victimization of the aggrieved is still prevalent at great lengths in the Indian Legal system and the social fabric of the country. The delay in judgment delivery often leads to the promotion of speculations which encourage issues like victim-blaming, dilution of passion towards a goal, increased mental agony for the victim and their family. Therefore, it is the need of the hour to recognize these flaws and implement corrective measures to ensure speedy trials in rape cases.

Conclusion 

Despite the progressive development in legislations and specialized fast-track courts, the main objective, which is a speedy trial, remains unachieved to this day. Various state and center initiatives have fallen through mainly because of the lack of monitoring mechanisms and frameworks. In view of this article, in order to ensure the implementation of speedy trials in rape cases can be a reality only if an efficient mechanism that involves suitable procedural laws and specialized judges, is implemented.  

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Prolonged Delay in Rape Trial

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The present article has been written by Shrey Hasija, a first-year student of Vivekananda Institute of Professional Studies, GGSIPU.

Introduction 

In a society like India where cultural expectations and attitudes toward society determine the type of relations and behavior with people. An incident of rape in that type of society, where a victim looked like some damaged goods instead of giving sympathy to him. Also, the family of victims tends to reject victims due to social pressure. Also reporting this type of crime is considered a daring act on part of both family and victim due to prosecution place the victim has to face embarrassing and uncomfortable line of questioning, which is why the cases of rape are most under-reported crimes in India. A murderer destroys the physical being of a person but rape destroys or deteriorates the mental being of a person and in some extreme cases makes the person insane. Increasing cases of rape and the extreme condition of rape calls for the speedy delivery of justice to the victims and their families, who are suffering from the wrongdoing of someone else who is roaming freely without being punished.

Also, there is a famous saying that ‘justice delayed is justice denied ‘by William Goldstone which means that if timely justice is not given to suffering one then it will lead to injustice. In the case of prolonged delay in the rape trial, there is a classic example which I think everyone in India knows about is Nirbhaya’s Case in which a young girl was gang-raped on a running bus in Delhi, So brutally that she lost her life. Despite that, the case took 7 painful years for justice to be served. The time has come to adopt speedy machinery for providing speedy justice to a rape victim and providing the victim new to live with dignity.

Why does it take so much time to provide justice to the victims?

The unnecessary and undue delay in the rape cases has become a barrier in giving justice to the victim. So delays only increase the pain and suffering of the victim and allows the accused to travel freely. Very large no cases are pending in our courts which make the people doubt the judicial system of India. It is very important to trace and resolve the barriers so that the remaining trust should be preserved.

There are some major reasons for prolonged investigation and trial:-

  1. Insufficient staff – sometimes shortage of police personnel, takes a very long time to investigate. also, sometimes police officers found not to file an FIR, to avoid the overload of work
  2.  Lack of Training: The police officers are not properly trained for conducting the investigation process particularly in Rape cases. Further, they are not well equipped with necessary instruments such as forensic lab, cyber cell, and assisting officers which makes the investigation slow and ineffective.
  3.  Political Influence and Corruption: Sometimes it is observed that due to political influence or pressure by powerful persons, police officers resist investigating properly. Also, corruption among police officers is often the reason behind the delay in investigation and trial.
  4. Lack of Supervision and Inspection: There is a lack of supervision in the functioning of the police mechanism by the senior officers on their subordinates. Proper inspections are not done on the registration or filing of FIR and the investigation process. 
  5. Lack of Separate Investigation wing/body: It is observed that various duties are assigned to the police officers which makes it impracticable for them to pay proper and exclusive attention to the investigation of Rape cases. A separate investigation branch must be established which will be solely involved in the investigation of rape cases.
  6.  Lack of Cooperation by the public: Often it is complained by the police officers that there is a lack of cooperation by the public. Many times the eyewitnesses evade from giving evidence in the court and also from giving vital information to the police which in turn leads to delayed trial.
  7.  Overburdened Trial Courts: The Trial Courts are overburdened with many new and pending cases which makes it difficult to dispose of the cases quickly
  8. Delay Service of warrants/Summons: Sometimes the accused or the witnesses are not summoned properly on proper time due to which their production and examination in the Court are delayed. It is found that effective service and execution of warrants by the police is not done properly which delays the whole trial process.
  9. Delay in Submission of experts reports: Sadly, there is a significant lack of Cyber Cells and Forensic labs in many police departments of the state due to which essential tests cannot be conducted by the experts which also leads to nonsubmission of the report on time. 
  10. Adjournment of Cases: Excessive adjournment of cases in the trial court is one of the major causes of delay in disposing of the Rape cases. Sometimes the opposite party deliberately seeks adjournment which adds difficulties to the quick disposal of Rape cases.  

CONCLUSION 

Rape is the most pathetic crime committed against women. It does not only cause physical mutilation but also the mental distress that stays with her till the end of her life. The court cannot bring back what she has lost but necessary efforts could be made to secure convenient, fastest, and fair justice. Many provisions emphasize the concept of speedy trial and recognize it as a matter of right of the innocent victim. Moreover, speedy trial acts as an ointment and saves them from being re-victimized from the delayed and prolonged trials. Over the decade’s many suggestions and recommendations have been given by various committees regarding the speedy administration of justice. It is pertinent to understand that justice cannot be served to the victim by making legislations and recommendations; rather it can only be served by the strict implementation. For proper and effective implementation of laws, the roles of every block of society such as non-governmental organizations, media, police officers, medical officers, lawyers, and the judicial fraternity are of utmost importance. Strong efforts must be made to spread awareness and education among the Rape Victims about their rights so that they can avail themselves of them and get the justice that they truly deserve. In the end, the author would like to conclude by saying that delay in delivering justice is denying justice to the innocent victim because the longer they are made to fight for their rights and suffer the hardship, the longer will be the ill effects on their minds and emotions. Therefore it is necessary to provide easier and faster justice to the Rape Victims so that they can live a peaceful life and the monsters that are hiding under the cover of human beings can learn a lesson and never even think of raping a girl. By ensuring speedy justice to the Rape Victim the objective of “Rape Free India” can be achieved.

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