WHERE IS HUMANITY??? "IF THE ASSAULTED GIRL WOULD BE

"IF THE ASSAULTED GIRL WOULD BE SENT TO BANCOCK, THEN WHY CAN'T BE THE ACCUSED SENT TO SAUDI FOR PUNISHMENT?" yes, it was the only question raised by all the indians just thre months ego when the country capital witnessed the most shameful event of a gang rape of the victim Nirbhaya Dhamini in the month of December. Before the horrifying incident gets dried from the minds of the people, one more hasty molestation has taken place. Yes, though its hard to believe, the bitter truth must be believed. The dump capital city has again undergone through another gang rape on a victimized woman who is 35 years of age. It is reported that, the woman was taken in a vehicle from Aksharidham and raped and was thrown near Pragathi garden. The further shocking truth is that the horror took place in the afternoon itself by a gang of strangers as against the old one in the dark night. India is the nation where the women are treated as the goddesses and believed where they are worshipped, there exists the god. Mahatma Gandhiji dreamt of 'Rama Rajya' where a woman can walk fearlessly alone in the mid-night. But are the laws, rules and regulations helpful to the ideology? In the recent gang rape court proceedings, among the 7 accused, an accuse of 17 years and 6 months was dropped from the special court considering him as a minor, though he was violent than all the others, who even committed devilish violence along with molestation. Is this the justice? If an accuse is a minor as per the law, then what about his crime? Is it minor? Where is the mistake? What should be corrected? The society! The law! The system! Or the constitution! If to think of changing a large society like India or to refine the very system, its definitely a night mare in the present scenario which is sick of such evils comprised of milions of individuals. But the country is under a single law and constitution, which can be amended by 2/3rd of the majority of the members of the parliament in accordance with the needs of the social situation. Then why can’t the law of sexual harassment is amended? In the Indian judicial system, there are many provisions in various Acts, against the sexual assault or rape. The word rape is legally defined u/s 375 of Indian Penal Code, 1860. It defines the rape and also prescribes its punishment. Whenever a man penetrates or does sexual intercourse with a woman without her consent or will it amounts to rape. There are exceptions to it also i.e. when a man does sexual intercourse with his wife who is above 15 years of age. The rape law under Indian Penal Code had gone through a lot of amendments. In 1983, amendment was made and S. 376(2) i.e. Custodial rape, S. 376(A) i.e. marital rape & S. 376(B to D) i.e. Sexual Intercourse not amounting to rape were added. According to U/s 228A of Indian Penal Code, No person can disclose the name of the rape victim and if anybody discloses the name, he shall be punished with either description for a term which may extend to two years and shall also be liable for fine. Similarly, according to U/s 114-A of Indian Evidence Act, presumption can be made as to the absence of consent in certain prosecutions for rape. U/s 53(1) of Code of Criminal Procedure, When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose. Moreover, as per U/s 164A of Code of Criminal Procedure, provisions for medical examination of rape victim are given. U/s 327(2) of Code of Criminal Procedure, there should be in camera trial for all rape victims. Inspite of these provisions and laws, as The Judiciary in India is burdened with a lot of work and therefore judgment of the rape cases comes very late. Moreover, the punishment sentenced for the proved accused is very less of an imprisonment or very nominal fine, which further encourages the criminals to repeat the brutal act again after the completion of the punishment. Further, as there is a wide opportunity for appellate for the criminals from the lowest court to the Supreme Court, sometimes it comes so late that either of the parties had died. Thus, further amendments should be done to the provisions for a severe punishment to the evils and there should be speedy trials in rape cases so that the victim gets justice as it is rightly stated that “Justice delayed is justice denied.”