The Rights of the Deceased: Moral Rights Incidental to Copyright Law
- Vanshika Agrawal
- 2024-04-25
Role Of Judiciary In Rape Cases. A Thomson Reuters Foundation survey[1] that was conducted in 2018 which was conducted among 550 experts on the matter ranked India as number one for the most dangerous country for women among the 193 UN member countries because of the High rate of sexual violence they face every day above war-torn countries like Syria and Afghanistan.
The term Rape is among the list of most heinous crimes by Section 375 of the Indian penal code. But in layman’s terms, Rape can define as sexual intercourse carried out forcibly. Against the will or without consent of the victim under the threat of injury.
In a democratic country, the judiciary is what protects the citizens when there is a shortfall. From the side of the legislature and executive and is independent of both of these parts. Of the government, this is to make sure the courts give an impartial judgment. When an issue is in front of the court to resolve.
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1.3 Impartiality and Honesty of the Judicial system
They do this by interpreting the laws that legislate and performing judicial activism going beyond the law. Written by interpreting its true purpose and therefore protecting the citizen and getting justice for them. They also create precedent through their judicial decisions in various cases. And therefore can use to protect the citizens in the future when a similar issue happens to them.
It can also address as the backbone of the country. As it resolves any conflict between the union and state or between states or the citizen and state or union or the citizens. The decision taken by the judiciary is final and binding on both parties. But sometimes the decisions and the views of the courts can be problematic and controversial. But throughout the years through various decisions by the courts also led to the improvement of the protection of victims.
Since 1860 after the INDIAN PENAL CODE enact laws dealing with Sexual Assault remained unchanged for decades until on March 1972 in the Mathura rape case[2], a tribal girl getting sexually assaulted in a police station in Maharashtra. the topmost court of the country acquitted the policemen in the case but as a result of the big public outcry which followed the verdict asking for a change in the current rape laws, the criminal act amendment of 1983 was enacted, section 114A was added to the Evidence Act of 1872 according to this act it was made clear that an absence of consent will be presumed if the victim says so in most rape cases including custodial rape cases.
The next big landmark in cases of sexual assault came in “Vishaka and others v State of Rajasthan[3]” when a Public Interest Litigation was filed after rape case of a social worker in the state of Rajasthan, in its Judgement the court laid down certain guidelines till formal legislation is passed for cases relating to sexual violence in the workplace and the legislation against sexual violence against women in the workplace was enacted in the year of 2013. The next big step came after the public outcry after the Nirbhaya gang-rape case[4] of 2012 the criminal amendment act of 2013 was enacted which came into effect on 2013 April 2.
Role Of Judiciary In Rape Cases
This act increases the jail sentences of the culprits and even include the Death penalty. For cases in which sexual assault leads to death or a vegetative state. The act also gave definitions to various other acts with a sexual nature, Stalking and the punishment for Acid Attack was increased to 10 years. the latest amendment was after the Kathua rape case[5] where an 8-year-old girl was gang-raped which led to the Criminal law Act Amendment of 2018 being Enacted which made a sexual offense against minors severally punishable up to the death penalty.
Even though the judiciary has done a lot in helping. In bringing a lot of legislation for the better protection of women in our country. And is still ranking as the most dangerous country for women. Then definitely something is wrong in how our country is handling the issue at hand
When society feels like the system is failing them they turn toward the judiciary. To protect them and more times than often they have not failed them. They remain impartial and stay on the side of the truth by looking at facts and evidence. And therefore ensuring justice for them and therefore have earned the trust of the people. And without a doubt, we can say that it is the most important element of a democratic country. Or the country would have broken down into chaos long back.
Role Of Judiciary In Rape Cases
The impartiality and honesty of the judicial system are what keeps them in such high regard. Since the independence, the judiciary has put out various decisions which will better protect citizens. But after looking at the facts of the Hathras rape case incident that took place recently. It just proves more on the importance of the judiciary. Even now in protecting the rights of the victims even though all these changes have brought in by the court. Through various decisions as we saw above.
The way the executive keeps failing the victims is very astonishing and important. The presence and role of the judiciary in keeping them in line is very much magnified. If the courts lag behind then the victims will suffer and proper justice will not be ensured. And we will definitely see more cases of gross injustices happening just like the Hathras incident. Even though significant changes have been brought the number of rape cases has been increasing only and our country ranks number one in not being safe for women against sexual crimes[6]. And this has to change as soon as possible.
[1] INDIA MOST DANGEROUS COUNTRY FOR WOMEN DUE TO HIGH RISK OF SEXUAL VIOLENCE: POLL, The Economic Times, June 26, 2018, https://economictimes.indiatimes.com/news/politics-and-nation/india-most-dangerous-country-for-women-due-to-High-risk-of-sexual-violence-poll/articleshow/64748660.cms
[2] TUKA RAM VS. STATE OF MAHARASHTRA 1979 AIR 185, 1979 SCR (1) 810
[3] VISHAKA AND OTHERS V STATE OF RAJASTHAN AIR 1997 SC 3011
[4] STATE V. RAM SINGH AND ANOTHER (AIR 2012 SC 114)
[5] MOHD. AKHTAR V. STATE OF JAMMU & KASHMIR, 2018 SC 494
[6]INDIA MOST DANGEROUS COUNTRY FOR WOMEN DUE TO HIGH RISK OF SEXUAL VIOLENCE: POLL, The Economic Times, June 26, 2018https://economictimes.indiatimes.com/news/politics-and-nation/india-most-dangerous-country-for-women-due-to-High-risk-of-sexual-violence-poll/articleshow/64748660.cms
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