For last few rates, the conviction rate for rape cases has not crossed the threshold of 30%, which would obviously boost the morale of wrongdoers, if the cases for rape continue being heard for years.
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After the Nirbhaya incidence in the year 2012, incidences of rape and sexual violence have constantly been under radar. Inspite of various amendments to the law and more stringent provisions, the incidents of gang rapes are still taking places among the news headlines almost on a daily basis.
According to the various activists and NGOs, the government is still not taking proper measures for protecting the rights of women and punishing the victims.
For last few rates, the conviction rate for rape cases has not crossed the threshold of 30%, which would obviously boost the morale of wrongdoers, if the cases for rape continue being heard for years.
The recent case of gang rape of a foreign tourist again brought embarrassment to the country as the entire society and legal system were put to shame. And this is not the only case of its kind. Another high profile case of a British tourist came to light, which took place in Goa, when she was raped in front of her partner. Even the start of the year witnessed a similar case where an Indian-american woman was raped in Delhi in her Hotel.
- In the recent case, a travel vlogger, who is a 28 year spanish tourist on a motor-bike tour in India with her husband, was allegedly gang-raped in Kurumahat, Dumka which merely at a distance of 300 kms from the capital Ranchi. The lady was spending the night in a tent with her husband, when the event took place.
- The Jharkhand High Court, in a recent development has taken suo motu cognizance of the matter, as a Division Bench of the acting Chief Justice Shree Chandrashekhar and Justice Navneet Kumar, ordered the Director General Of Police as well as the State Government to submit their report by 7th March.
- The Court, while keeping an emphasis on the scientific investigation required for cases of offences related to rape, highlighted that a report should be urgently submitted from the Superintendent of Police at Dumka, so as to understand the progress of the investigation of the case so far.
- The Court also observed that these incidents (of crimes against foreigners), could have serious repercussions both on national and international level, which would ultimately tarnish the image of the country around the world.
- The Dumka administration, handed over a cheque of Rs 10 lakh to the husband of the rape victim as compensation. Also, the three persons, who have allegedly committed the crime of gang-rape were arrested and on Sunday were presented before the court of the Judicial Magistrate, and were sent to jail later. The police has arrested 5 other suspects in connection to the case, thus bringing the total arrests to 8.
- The victim in her statement said that she blamed the criminals for the incident and not the people of the country, as she has been travelling around the country for 6 months but never faced any problem.
But should the people of India, not take any action over such incidences, not only against a foreign national, but for the women of the country who have also been a victim of similar cases.
Hathras- Gang Rape
- Not only are the foreigners becoming a victim of gang rapes in India, but similar news are being heard from various areas of the country, where incidences of gang rapes are taking place almost on a daily basis.
- In a recent case, a 17-year-old girl has been allegedly gang-raped by two men, in the Hathras district of Uttar Pradesh, after she was returning to her home from a marriage being held in a Guest house. The incident occurred on late night saturday.
- The police has arrested an accused and raids are being conducted to arrest the other one.
- As per the Police statements, the victim, who is a resident of Aligarh district, was hired to shower flowers during weddings and she was doing a job on the night the incident took place.
- It must be noted, that in the year 2020 only, Hathras had witnessed another sensational gangrape-murder case. On September 2020, a 19-year-old girl was allegedly gang-raped by four men, after which she died two weeks later at a hospital in Delhi.
- The main accused was convicted while the other three were acquitted of all charges in the case by the Court in Hathras.
Gang Rapes and Section 376D of IPC
The crime of gang rapes have been provided under Section 376D of the IPC.
It provides that
- it is not necessary that every member of the group must have actually committed the crime of rape, in order to have a high degree of culpability.
- any activity done to further the intention of the entire group, shall be deemed to be an offence it self.
- Thus, even the persons standing as guard at the doors could not get away with a lesser punishment, by claiming that they did not commit the act of sexual assault themselves. .
- each of such persons who have deemed to have committed the crime of rape, shall be sentenced with rigorous imprisonment for such term which shall not be less than 20 years, could be extending up to a lifetime, and with fine.
Proper laws are in place, proper legal systems are at work, but still similar occurrences are taking place day by day. Not only the legal and judicial system, but the society enlarge must come together to deal with these issues. We cannot keep complaining against the police and government to take strict actions, but should take notice of what is going around us as well.
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Adv Vipul Singh Raghuwanshi
Legal expert and contributor at Sharks of Law. Committed to providing clear and accessible legal guidance to everyone.
