Bilkis Bano: A Human Rights Perspective on Rape in the Realm of Socio-Legal Jurisprudence

Human behavior is closely entwined with definite basic needs including the biological need for sexual gratification. The transition from the idea of procreation based on willing consent to dominance of factors like control, patriarchy, and inferiority has altered the nature of this fundamental instinct into a coercive act. Such factors get pronounced during times of socially disruptive events, further impressing the vulnerability of women. Disregarding bodily autonomy, women’s bodies are viewed as an end in themselves. Persuasive international law and ambiguous national provisions on remission exacerbate the legal conundrum in the case of heinous offences. The non-literal implementation of the principle of separation of powers in India makes a judicial pronouncement on sentencing entangled in the domain of the Executive. Constantly striving to achieve a balance between deterrence and reformation, courts are forced to delve deeper into liberty. Certainly, the law is an agent of social change but the fine balance between liberty and remission is intrinsic to achieving justice.