by IJLMH | Jan 13, 2020
It is believed that Justice delayed is Justice denied and therefore to solve this problem of delayed justice we have come up with a system of Fast Track Courts but how fast they actually are is still a question that remains unanswered. We need a Deadline as to when can a decree be passed in a matter of Rape. Only then can our criminal justice system would do justice to the basic tenet of its formation.
When we talk about law being inclusive of all aspects of human life, we often forget that one of the basic characteristic of law is to be dynamic and not stagnant. This needs to be applied to India and Laws need to be changed with the changing times.
by IJLMH | Jan 13, 2020
The next big question – what happens as a result of such a fallacy in the system of a country? People lose faith. People start believing that no matter how much they try, nothing is going to help them. They start taking law in their own hands. They protest. And for a country like ours, it is a shame that we cannot have a well-organized, planned system of enforcement. Everyone needs to work together for this. All the organs of the government, the forces, the media, the public, everyone has to do their own part with full dedication. In India, the laws are strict, all we need is better implementation or may be strict laws FOR better implementation.
by IJLMH | Jan 13, 2020
The first time ‘rape’ was mentioned in our legal structure when the Indian Penal Code was written in 1860. Section 375 to Section 376E of the Indian Penal Code refers to ‘sexual offenses’. S.375 defined rape as sex without consent, with consent but under the fear of death or with consent but under false pretenses. It also defined ‘statutory rape’ as sex with a woman under the age of 16. S.376 deals with the punishment of rape which clearly states that rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine .
by IJLMH | Jan 13, 2020
Discrimination against women and girl is pervasive and long- running phenomenon, whether at home or street, violence against women happen in our day to day life. Crimes against women such as rapes, dowry deaths and honour killing are increasing at an alarming rate. Sexual violence against women is one of the most common crimes in India. Even though there are various laws and women welfare organizations to prevent discrimination and violence against women, there is no reduction in the amount of crimes. In India only few victims come forward to initiate legal proceedings against the offenders. There are still many untold stories of sexual violence against women in our country. Victims are reluctant to seek justice because the existing judicial system proves to be unreachable to them. Every day in India, women and girls who have experienced sexual violence and assault are confronted with intimidation, threats, and coercion that not only restrain them from reporting the cases but also abstain from following up the initiated legal proceedings. The objective of this article is to give an overview of what Indian constitution needs to reduce offence against women and to create better society which guarantees the safety of women. Strict laws or better implementation which is needed the most.
KEYWORDS: Discrimination, violence, women, crime, victim, Indian Constitution..
by IJLMH | Jan 13, 2020
Terming every brutal incident as the rarest of the rare, barbaric and diabolic1
, the duty casted upon our judiciary
never ends. Each day is now becoming colder than a night of December for every girl in the nation. Then
Nirbhaya2
to the now Hyderabad and Unnavo, women in India are being assaulted sexually, killed brutally and
many more made to survive before the boasting 70 year old prestigious Constitution of ours which forgets for
what cause it exist when it comes to the case of women in India
by IJLMH | Jan 13, 2020
The laws which we are following now are derivation from British law where many amendments are made based on various cultures and practices followed in India. Among all these laws, there is a law which is being amended till now i.e., rape law and punishment for that offence. As the punishment for offence of rape keep on changing and becoming stringent, the number of rape cases is also increasing day by day. Even after the nirbhaya rape case where the accused were sentenced to death, there are still many brutal rapes happening in our country. What might be the reason for this? Is it the laws are not strict or the laws are not implemented effectively? Let us look into this
