Rape, the word which left a worst effect on a victim or sometimes, deceased, the women, who enjoys the equal constitutional status as per Indian Constitution but still become the victim of domination of men. The women have equal right to live with dignity and without the consent, no men can touch her, or think to violate her dignity but unfortunately, India has to face such cases each day where in every 20 minutes, one woman including the girl child get raped but only 10% comes to the public attention because of various social, cultural, political, economical factors.
So, one can interpret that entire system is corrupted, even if one wants justice, then a term ‘judicial delay’ comes into play, so amendment to existing law is needed or strict laws are needed.
The punishment for rape is defined in S.376 of IPC, it has gone through various amendments but in the Nirbhaya rape case, the punishment was given hanged till death but it has not been executed till present day, the reason behind is the judicial system is not much efficient to implement the existing laws so, the India needs the new and more stricter laws in terms of rape.
Though our criminal justice system follows the reformative theory, but in the case of heinous crime such as rape it, must not, it should follow the retributive theory and the punishment should be the death penalty only but the point also arise that if for rape punishment made is death penalty then, the person who commits the crime will kill the victim after raped her, which in turn, will increase the crime rate but even with the present law, the crime for which accused is charged for is rape with murder so, punishment to be given is hanged till death, and need for the strict laws is necessary and the only reform that India needs is check on a police system and compel police to register the FIR instead of them to accept bribery for closing the file of case before it being open and strict actions to be taken against such police officers
Our criminal system follows the death penalty to be given in rarest of rare cases but every rape case in India is new and commits in a new manner, so the theory of rare cases to be upholder in murder cases only and not the rape cases because in murder the deceased becomes the “laash” but in rape cases the victim becomes the “zinda laash”
The other factors which are primary to reduce the crime is parent should teach the boy and girl, the sex education, the moral values and not confine their girl to remain in kitchen but also to work outside along with her colleagues and boys should be teach that they are meant not for outside world but also to household chores, the boy not being the aggressive and girl not being the submissive.
Our mindset, our attitude can only change when we promote feminism and root out patriarchy. Police reforms and specialized forces with enhanced training and modern technology at their disposal.
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