SHOULD A RAPE CONVICTED GET DEATH PENALTY?:AISHWARYA KATKAR

It’s sad how our society contradicts their own statements, on the one hand, they say women represent “Maa Durga” and on the other hand they demean and disrespect women by presenting such heinous acts of rape and molestation, on one hand, they support the victim to show socialism and on the other hand they advocate the accused by giving an excuse of girl wearing short dress. The definition of rape has nothing to do with dressing, in legal perspective and in actual sense nor it says anything about provocation by someone’s attire. It simply sexual intercourse or other forms sexual penetration carried out against the person without such person’s consent. According to NCRB (National Crime Record Bureau), there are over 25,000 reported cases and +37,000 unreported cases and more than 133,000 cases are pending. It’s true that not every accused has committed or is involved in the crime, but it doesn’t mean they should be acquitted. If the person is accused and is under the jail custody then obviously judiciary must have reason to believe the fact that is produced by petitioner is true. India’s legislative system is too soft on convicts as compared to other countries. Surely, the death penalty is not an answer to it, since we get only one life to live and so it’s too precious, a law cannot undo the punishment if the judiciary later finds the actual person who committed the crime, plus it’s a very easy punishment for a person who commits crime.

In India, executions are rarely carried out. Recently, India has been dealing with lots of rape case among which Asifa rape case is most recent. Which brought a little change in each individual thought in India. The judge, in that case, said it fell into “the rarest of rare category” which justifies capital punishment in India. India’s penal code had already prescribed the death penalty for gang rape. After this case, the amendment in previous laws regarding rape was brought into consideration, which allowed capital punishment for anyone convicted of raping children under the age of 12. Minimum prison sentences for rape against girls under the age of 16 and women have also been raised. Also, the time limit for investigation of all cases of rape has been prescribed, which has to be 0 completed within 2 months. There is also the limitation of time for completion of the trial of all rape cases has also been prescribed and it has to be necessarily completed in 2 months. 6 months’ time limit for disposal of appeals in rape cases has also been prescribed. It has been prescribed that there will be no provision for anticipatory bail for a person accused of rape or gang rape of a girl under 16 years. Further, it has been provided that court has to give notice of 15 days to Public Prosecutor and the representative of the victim before deciding bail applications in case of rape of a girl under 16 years of age.

Leave a Reply

Your email address will not be published. Required fields are marked *