Rape victims should not be harassed while seeking justice
The law against rape is simple and clear in India. However, it is the implementation of law that causes problems for prosecutrix. The defence counsel puts so many questions to her that she feels..
THE LEGAL cases of men having violated the sanctity of women without their consent should be on the decline. However, it is not so. Definition of rape
A man forcing himself on a woman for intercourse and does it, will be found guilty of rape if it is proved in a court of law.
Consensual intercourse between two consenting adults of different sexes will not constitute an offence of rape provided the consent of the female was not obtained by deceit, allurement or under duress. An adult male having intercourse with a minor female, even if consent was there, will be accused of offence of rape.
The law of rape is simple and clear in India. However, it is the implementation of law that causes problems for the prosecutrix. The defence counsel puts so many questions to her that she feels flustered and blurts out words that spoil the case legally.
Females in indian society
In the good old Vedic social system, the male and female, the husband and wife were treated as equals. In the Vedic wedding where the couple did Saptpadi or advanced seven steps with the sacred fire a witness, declared themselves as friends and equals. In the educated families it is so even in the 21st century.
However, the women in some communities have to undergo a lot of suffering as there is no equality between the male and female. Since the purdah system is strictly enforced, these women are unable to sit in the sun, what to say of interacting with non-family males. Prosecution is poor
It is difficult to prove a case of rape in Indian courts because in some cases prosecutrix is reluctant to ascend the witness box to testify against the accused. She is rather reluctant to admit in public that she was raped by the accused. Admission of this nature brings a social stigma and prevents the raped girl from getting a good man of a good social order as a husband. For instance in Northern India, a victim of rape refused to testify against the accused because she surmised that her honour of pre-rape days will not be restored even if the accused is found guilty and incarcerated. When pressed by the police and the social system to give evidence of her rape, she made an attempt to commit suicide. Thereafter, it was her family that persuaded the prosecution to go easy on the case and not press the girl to tender evidence against the rapist.
It is also a fact that some rape cases are not reported to the police, what to say of FIR (first information report) being recorded by the police and the accused being arrested. Further, the family and friends of the rapist bring down pressure on the victim's family not to proceed further legally lest more harm came to her family. Under these circumstances the girls and members of the family just quit and leave the prosecution in the lurch.
Legal and social reforms
It is an acknowledged fact that the law should be amended in such a way that the prosecutrix does not feel ashamed to tender evidence of rape against the rapist when she herself was the victim. A way suggested is to record the proceedings of rape cases by the judge in camera.
Moreover, the defence counsel should be cautioned by the judge not to put embarrassing questions to the victims. It is acknowledged that the defence counsel has a right to put such questions to test the veracity of evidence so tendered but at the same time, it is the interest of Justice that is supreme. The judge is an impartial person and for him it is the interest of law and justice that take priority over everything and he must bar asking of questions regarding character and antecedents of the prosecutrix as that would weaken the case.
If too many rape cases go unpunished in a court of law and the prosecutrix is put to social shame, the social system may collapse. It is, therefore, in the interest of justice, law and order in a civilised society that men of weak character who rape other women just to satisfy their lust are punished. The deterrent punishment awarded by a court of law would deter other potential rapists from spoiling the reputation of other women of social standing.
Social reforms should be the mission of leaders of the society as these will go a long way in reforming men of sick minds who are potential rapists. If a social order encourages promiscuity and does not counsel its children, adolescents and adults to keep away from such escapades, there is bound to be a noticeable rise in the number of sexual offences, especially rape. People accused of such crimes should be shunned and this kind of effective ostracising will go a long way in singling out potential rapists. Our women are bound to be safe, not only within the four walls of the house but also on the streets at all hours of the day and night.
Let the framers of law and the executors of the legal system ensure that the victim of a rape case gets justice without running from pillar to post.
 | Previous Post |
Login
 Login through Social ID
|
Not finding what you are looking for? Search here.
