Volume II - Issue VI / 2019

To make the law serve its purpose functionally and irresistibly, we have to implement it in better way. Before advocating to the assumption that it is need of an hour for India to implement the Strict law, we need to review a might be situation that what if those laws, too, not implemented properly. Would those stricter laws be serving its raison d'être. So it is not the strict laws that India needs, it is better implement of the law that India seeks. In the conclusion I would like to remember Abraham Lincoln with his grate quote that “ The best way to get a bad law repealed is to enforce it STRICTLY.” This quote indeed gives the answer to our question. Doesn’t it?

Au fond, the literate minds will not get convinced if we formulate a new law in response to the failure of the implementation of the existing laws. It is just like putting up a centurion question to ninety-nine unresolved issues. In most of the cases, it is seen that the crime committed by the person is in any way or other known to the victim. The fact of the matter is rapes are opportunist crimes committed within the confines of private spaces. Sexual violence is a major national issue which has profound negative effects on victims and society at large. This calls for urgent attention towards social set up and moral upbringing of citizens of the country besides proper implementation of strict laws.

Law making by the Parliament is only the first step into addressing gaps in our legal system or our constitution, but what they usually forget is, it is only half a battle won. It is the implementation of those laws that tests its effectiveness in addressing problems in the real world. Poor implementation of these laws will make even the greatest laws ineffective. Parliament has 24 subject-specific committees which scrutinise laws. These committees also oversee the work of different ministries and departments. The rules of the Parliament should be updated so that instead of two committees, these 24 committees are empowered to review rules made by the ministries and authorized departments. Focus of 24 committees combined into overseeing specific, technical and sectoral matters related to various departments and ministries will bring the much-needed rigour to the scrutiny of rules by the Parliament.

It is a combination of strict laws and better implementation what we should seek. People should be scared enough to even think about such an act and that would only happen with strict punishment and better implementation. Trial for years kills the hope of victim and act as an escape for the accused. There is no appropriate compensation in any way to make good of what the victim has lost. With every passing trials and hearings and days passing days there is no good happening to her. The victim gets to live and eat in the prison as what their Human Rights and Prisoners’ Rights suggests. What about her Human Rights to get justice in an appropriate time span? Does Nirbhaya left in peace thinking of her accused living a life and she died a painful death. What about the girl’s underage who doesn’t even know what actually happened to them? What about little girls who dies before they could live? Who has already suffered so much keeping her in queue for justice isn’t it a punishment? Every passing day from the date of crime handicaps the justice of the victim.

Punishment as a mode of implementation of law does not proved to be an effective way but to an extent it is a success. The other mode is to be prescribed by the government through some initiatives and programmes. For example, the government has passed Medical Termination of pregnancy Act, it contains the rules and regulations to access safe abortion care and defines when, where and by whom abortion can be performed. But, at the same time the government had taken steps for strict implementation by providing comprehensive safe abortion services at public health facilities, providing funds, regular monitoring of comprehensive abortion centre, counselling tips are also delivered. So, by these steps we can execute the Act.

India has a Powerful judiciary with wellversed people in it which is improving day by day. We can say this by witnessing the recent judgments passed in last few months or few steps taken by Courts. We can say that Judiciary is playing its part in INDIA very well. But then despite having so many laws, amendments, bills etc there are still so many crimes happening in India. Justice GOPAL KRISHNA VYAS of Rajasthan High Court stated that “The country has adequate laws but the main issue arises in its implementation. Its not implemented in letter and spirit and many people seek legal recourse.

But if a choice had to be made to administer justice more effectively and increase public confidence, protect the rights of both the parties while rendering a just verdict which is duly enforced, mere alterations, superimpositions or enhancements (for better or worse) in legislation is not going to effect the practical inefficacy of the institutional frameworks that so ardently require reform. I would like to propose a permutation of the distinct categories of strict laws and better implementation to arrive at strict implementation of laws. Justice delayed is justice denied should be kept in mind and reforms introduced accordingly, to prevent frustration of justice and passing of liabilities and rights intergenerationally like heirlooms [1] , as was characteristic of the feudal societies. Ghosh, Yashomati. “Indian Judiciary: An Analysis of the Cyclic Syndrome of Delay, Arrears and Pendency - Yashomati Ghosh, 2018.” SAGE Journals , https://journals.sagepub.com/doi/full/10.1177/2322005817733566

Law may be defined as a set of rules and norms designed to regulate the actions of the persons in a society. A Parliament enacts various laws for regulation of different actions in different areas so as protect the rights of persons as well to point to them their duties towards each other and to the state. But however, to gain people’s support for a law, the law has to reflect the public conscience. Testing this notion against the fact that India is witnessing an increase in crime rate, it becomes very clear that the laws are failing to do their intended duties. To cure this situation, whether the laws have to be made stricter or should be implementation be better, is the question which the author will be addressing in this article

A crimeless state is a delusion. So, the question that arises is, society has crime but what should be done to reduce it whether to make better laws or have a stricter implementation of the existing laws? Stricter laws mean the people will fear the repercussions and will find loopholes to bypass these stricter laws and there will be evolution of undesired fascism and anarchy. What needs to be shaped is the perception and judgement of the citizens. A competent and stable government and an educated and dedicated workforce is needed for betterment of the nation to implement the already existing laws. To ensure that a person doesn't go out of line making the line shorter isn't the solution. Educating the person why stepping out of line is wrong is the correct approach. Ensuring that the person has no need to cross the line is good governance. If amendments are made for making the law evolve with the current dynamic nature, then the amendments ensuring better implementation is ensuring the machinery works in the correct fashion. For better implementation a prerequisite is efficient regulation. What makes a country progress is empowered citizens not citizens who are crippled by strict laws and authoritarian governments. Government must acknowledge India’s weak performance in enforcing the rule of law and take immediate action to close the widening gulf between principle and practice that is by better implementation of the existing laws with the needed amendments in the laws with the time

T erming every brutal incident as the rarest of the rare, barbaric and diabolic [1] , 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 Nirbhaya [2] 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. [1] Jumman Khan v. State of U.P. (1991) 1 SCC 752 [2] Jumman Khan v. State of U.P. (1991) 1 SCC 752

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.

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.

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.

Ultimately, this problem is too multifaceted and deeply rooted to hack away in one stroke. Rather, the best approach would be to focus on better implementation of the laws that operate in this realm with a concerted effort cutting across strata to bring the criminals face to face with the consequences of their heinous acts. This should be accompanied by seeking out means and methods to ensure quick disposal of cases in order to ensure that the adage ‘justice delayed is justice denied’ does not come true, at least not here, where the law is the only flicker of hope. Long gone are the days where a woman was akin to a goddess. Today her entire being is violated by predator like men who see nothing but a mass of flesh. It is up to us, as a society, as the ones crusading for justice to bring out a change and ensure that her cries do not fade away or get smothered by forces operating to choke the law.

Taking the discussion forward we realize that it is not just the good intention nor the rolling out of the beneficial legislation and amendments but the actual implementation of them is what really matters in the end. In case the implementation of the amended provisions is made impossible due to one reason or the other then the whole exercise proves to be futile and the prospective benefits which could have been accrued die a premature death. The fact that hurts the most is that even though laws are in place to tackle the cases relating to child sexual abuse and other matters, the incidents don’t appear to be declining as each day the newspapers are full of news reports relating to the commission of such offences and crimes. This also highlights the lack of awareness and poor implementation of various legislations. After going through various issues and arrangements we conclude that though there exist various legislations to address the plethora of issues in the country but the actual implementation on the ground is poor and not as per the required standards to tackle the issues effectively. At best, the laws are being amended as per the requirements of the society, however, they tend to merely stay on the papers and the benefits of the amendments are not doled out to the beneficiaries. Therefore, we can conclude that it is not a matter of choice but a matter of compulsion that introduction of stricter laws as well as the better implementation of laws has to go hand in hand, instead of valuing one over the other.

Rape is the term which is very horrible only by its name. The term rape per se portrays a barbaric image in the mind of common peoples. Rape is a very serious and controversial topic in our country for a long time. This not just an offense that can satisfy the victim of that offense emotionally by pronouncing the appropriate judgment in his favor or by awarding proper punishment to the offender; for example, Murder is considered as gravest crime under IPC,1860. if someone intentionally caused death of someone, then justice can be delivered by awarding punishment according to sec 302 of IPC and quantum of punishment is not in controversy also, but in the case of Rape; it is emotionally graver then murder, if any male rapes a female, suppose court awarded him death sentence (imagine) but the question is that “will it enough for that women whose dignity is devastated by the act of the offender?” surely not because rape takes the dignity of a women without her consent and she need to survive in society with that taint, which takes her to more painful situation, it affects her future in very negative manner.

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 [1] 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 [1] Mukesh & Anr vs State For Nct Of Delhi & Ors.

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

Crimes against women have been on a rise. In 2012 the Nirbhaya Rape Case shocked the collective conscience of the entire nation and yet the convicts haven’t been taken to the gallows on account of the legal recourses still available to them. And in 2019 yet again the Hyderabad Rape Case followed by the Unnao case of setting the rape victim on fire has generated furore over the need to improve the current position with respect to the crimes against women. Many think that strict laws for crimes against women can act as a deterrent whereas some feel that the effective implementation of the current laws can ameliorate the situation. This article exclusively deals with the question that whether strict laws are the need of the hour or better implementation of the existing laws is enough.

Highlighting the recent violence cases against women, the article aims to focus on the need of strict law with better implementation. It highlights the IMAGES (International Men and gender equality survey) 2011 report, Lon L. Fuller’s morality principle, Law-makers corruption issues, consideration of clashing certain laws after a fixed period, misuse of laws by women, criminal mindset regarding victim and lastly, does implementation of law provides justice. It then aims to decipher and solve the problem by various legal methods, specifically focusing on fast-track courts. The article also aims to emphasize on amendment in legal system, as laws made in 18th century are not made keeping in mind the 21st century.

On the horrifying night of 12 December 2012 in Delhi when six men brutally raped a twenty-three-year-old girl in a moving bus (Hereinafter as Nirbhaya incident). The entire nation came together and demanded the most severe punishment for the perpetrators. This demand was deeper and unanimous for the juvenile who was said to be the most brutal with the victim. The demand was there to treat him as an adult. Inspired by the aforementioned event and owing to public recalcitrance, stringent laws were introduced in the country for rape in the form of Juvenile Justice (Care and Protection of Children) (amendment) Act, 2015 and anti- rape laws. Recently, the nation was shocked again when in Hyderabad a girl was not only raped but was also burnt alive by the accused. A few days after this incident a rape victim burnt alive by the accused in Uttar Pradesh. These incidents raise the question on Indian law System and encounter of the accused in the Hyderabad incident by the police declared an appropriate action by the people.

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, economic factors.

The Rule of law symbolises the quest for civilised democratic society. It is said that there is a direct relationship between democracy and the rule of law. When Rule of law is not existing in a society, it “produces more violence, less security, and diminished economic capacity.” Rule of law is the foundation of good governance. To ensure the Rule of Law, various laws are enacted to maintain law and order in the state. After the Nirbhaya incident, the laws covering the offences against women were made stricter. Criminal Law (Amendment) Act, 2013 broadened the definition of rape to cover more than just vaginal penetration. Stalking, voyeurism, acid attacks were also made punishable under the Act. The punishments were made more stringent. The age of consent was increased to 18 years, below which all penetrative sexual acts will now constitute statutory rape which means that even if the consent is obtained from the girl but her age is below 18 years then the consent won’t have any effect whatsoever. Hon’ble Supreme Court has held that just because any female has had intercourse quite a few times previously, it does not in any way affect her right to consent for that particular incident of when the rape is alleged. By a recent amendment, death penalty has also been introduced for the offence.