Tuesday, 9 April 2013

indian judiciary and crimes against women

The unfortunate reality is that the Indian Judiciary has failed miserably to address the growing atrocities against women. Statistics indicate that the conviction rate in rape cases is a lowly 4%. The Supreme Court in a judgment delivered in 2011 in a gang rape case while setting aside the conviction of 5 accused awarded a token compensation of Rs.50000/- to be paid to the victim! This judgment has not been overruled till date.
The mindset of the Judiciary and the Police is still archaic and a large section of judges and police officers believe that the victim must have been a woman of easy virtue and must have taken the initiative!
Our procedural laws like the IPC,The Evidence Act and the CrPC were enacted during British rule and are absolutely out of sync with the present times. The prosecution has to prove beyond reasonable doubt that an offence was committed remains the basis of our criminal jurisprudence. There are a thousand loopholes which can be easily exploited by a clever lawyer to acquit his client. Even the entire investigation is done by a male police officer who at times is insensitive to the plight of the victim. The problem is compounded a thousand fold if the victim belongs to the SC&ST community!
The time has come for the Judiciary to give up its feudal attitude towards women and come to terms with the 21st century!

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