Puja Kumari Shah
Section-100 of IPC says that the right of private defense of body extends to voluntarily causing death if there is an assault with the intention of committing rape. But if you fail and raped than offender has only punishment of imprisonment of 7 years which extended now 20 years to life imprisonment and if victim can’t tolerate and dies than death sentence… I can’t understand here that when right is given you to cause death when it is apprehended to you that you would be raped , after being raped situation becomes good, or the reward is given to offender that you successive ,so now you will be given only imprisonment……
Section-26 of cr.pc says that in rape cases, the court should be presided by a women judge as far as practicable…. In how many cases we heard this… not even in brutal rape cases….. Delhi has even no women judge for it perhaps
actually I think men considers rape like taking a drink…consider it wrong but still not accepting it wrong….that’s why such heinous crime is exiting..and has increased by 287% from 1980 to 2012….. and it is surprisible that murder is only increased by 270%.. .may be because police are more active in murder cases and rape cases are general….
On more fact is that many sections of IPC is dealing with rape cases but these unable to cover such cases in which object like rod and candle were inserted in victim body…punishment should be more or like normal rape cases is a confusion… IPC is silent even after Delhi rape cases…
Now rape does mean physical pleasure but entertain or can say a psychological disease..that’s why offender now uses more brutal mode to rape….by giving pain to another how any one say that he is getting pleasure…. If we are thinking that by giving punishment we can remove such disease not possible… only solution is to hang them…. Because they know what they are doing, and how much victim is suffering….by punishment you can not remove such psychological disease from their mind… take example of recent five year old girl rape case…..there is fact that he raped her wife before marriage…. If its true….then rapist has golden chance to rape girl and marry her….and nobody says it’s wrong…. It is we and you who gave him chance to rape that five year old girl brutally… and now giving her sympathy .if he was hanged, that could not be happen…..any wrong message could not passed to the society….we are civilized….such cases showed how much offender and we,the member of society are civilized.
Art.21 of constitution give personal life and liberty to all then why we are denied still today? We are object to entertain anyone…..don’t give sympathy to victim .. support her mentally by helping her. don’t crush her for what happened…. It is especially for women…who always make her realize what happened is only because they had given education, personal liberty, and right to choose life style..if it is true than what about that five year old girl, she has nothing one of these. And mostly uneducated, poor ,tender age girls are raped… may be offender think that firstly police will not lodge case or if it happen he will give money to police and victim….. in most of the cases our politician do it very wisely….in this matter I think.. Prostitute are better…they give consent and take money according to them….here no consent…brutally raped ,if you remain alive, take money…. How any one can purchase your dignity, your body, and respect.
We say police is insensitive and corrupt…we made them it by giving bribe in other cases …then how we can expect that they would become sensitive in such cases, in which they are assure their family are safe.. as far as politician are concern they can give you compensation because it is easier to give…and compensation is also not from their pocket.. that were taxes which we paid… and they have bodyguard to save their wife and daughter even after retirement they will get it…. So think your sister, your daughter, and wife are unsafe…not their family..
We, The women are also responsible for it in some extent….. just because when we come to know that our father, our brother, our husband did it, in instead of protest ,we start to protect him…don’t forget victim is also a girl… and one day it can happen with your girl…in many cases women protect their husband .even they file pardon to president or speak in favor of husband…like dhanajay chhaterji case or recent suraynelli case… we are giving them opportunity to rape..on the contrary men are protecting by men in face of police , politician, by saying that it is normal…we are for it..It is we, who degrading our status in society..say no to it even it is comment, sexual harassment, or touching, if you will not do it .one day it will turn into rape. Crime should be stop in initial stage, don’t wait for extreme
Men also not to forget that if they are doing such a heinous crime with girl… one day another men will do it with your sister, daughter, and wife. Because it is like terrorism in which no one will care about other. Stop it by stopping yourself…
As far as law is concern…it would be defective because even after 33%reservation parliament does not consist one third women politician, then if we are thinking , the law which passed by men politician can cover our all grievances, and give justice, not possible. Although s.438 of cr.pc says that the judges has inherent power to give justice, but in practical he never use it in rape cases ,where it is mostly needed.
Advocates role is also important here. In Delhi bus gang rape case it was decided by bar council that culprits would not be provided advocates…but what happened advocates are more willingly to work on such cases for publicity… and more money..
If you look on whole scenario you will find that in some how we all are involve in happening of such cases… then why we weep like crocodile cursing other… if we want to change it, we have to change our self… otherwise it would be slogan … save girl child…and rape the girl child
Some suggestions-
1.if police is lodging your case approach the SO who is superintendent of police headquarters.if he denies than make a simple application to magistrate which is known as complaint in s.2(d) of cr.pc. it is your right her directly…
2. in evidence act 1872 it is written that in rape cases ,burden of proof is on culprit to show that he did not rape ,not on victim that how she raped… so you have to file only the cases…
3.every one know about the free legal aid by government… use it
4. many no. are there for your help like.100, 1098… use it.
5. after sunset police has no right to keep you in police station…it is said by supreme court in Mathura case.
6.overall s.100 of IPC is enough for you… remember if you have strength to produce him, then you have strength to finish him..
7 don’t go on such places where you feel unsafe… Delhi bus gang reveal that even you have male partner does not mean you are safe…. Believe only yourself
Lastly give your suggestion so that I can understand how much I am right…
I dont agree all points discussed here, reason you have not briefed about those ladies who are misusing rape law to extort and blackmailing innocents. If you can focus on that aspect and share your views.Many innocents are victim of false cases and fighting legal battle to prove themselves. Where at the time of complain got lodged it was not verified .
Please if you can share your views on this.
Rape law in India: You can find out all the detail about rape law here,
https://www.pathlegal.in/legal_services/criminal/rapelawinindia.php
It really nice article on the basis of law and logic… I really get lot of spirit after reading article and more i like is that Even after male partner you can be raped….. so trust YOURSELF…………
very debatable article.
There was a time when the medical professionals did well financially, because ultimately and on many occasions, they saved human lives from pain, sufferings and death. But now the lawyers are earning much more without truly helping the law. On the other hand, they are responsible for getting adjournments on various flimsy grounds to harass the victims and their relatives in prosecution cases. If our judges themselves know law well, take time to read and/or study each matter carefully, and do not get led astray by precedent decisions of any courts but take their own decisions, all delays and injustice will be removed. Precedents laid down by higher judiciary in other cases andcertain illogical conventions being followed (like “rarest of the rare” etc.) are causing a grave damage to our justice system. Each matter is different from the other and there cannot be a thumb rule of precedents.It can not be denied that for all evils of lawlessness in the society are solely because of miscarriage of justice. Solution ? Let increase courts and judges 10 times atleast, prosecute lawyers who are found to mislead judges through fantastic and unfoundable allegations against victim and police, and punish them. Lawyers are also very much answerable for every effort they make for obfuscating the truth.