Sexual Assault Menace

Offenders of sexual assault who are menace to the civilised society should be mercilessly and inexorably punished in the severest terms.

“Judges who bear the sword of justice should not hesitate to use that sword with the utmost severity, if the gravity of the offence so demands.”

Now a days with the passage of every single hour comes a news of a rape case. It has become like a ringing bell which rings after every hour in order to remind us that culprits need to get a stringent punishment else its not going to stop .

It is very often said that “justice should not only be done but should also be visible”.

My question is that, Indian Penal Code already defines death penalty in ‘rare of the rarest cases’ as propounded in Bachan Singh v State of Punjab but where are these cases?
How many cases have been put under the category of rare of rarest theory?
How many death penalties have already been given to the culprits?
What’s the percentage of hanging to death?

I know you are surprised because you must be able to count it on fingers as there are very few death penalties given.

In order to minimise cases like rape we need to adopt the “deterrent theory of punishment”.

As in today’s era people have lost their thinking power as to what is right and wrong.
In my view death sentence is nothing but a joke for the person accused of rape. The punishment should be such which would deter the whole society as to make them think that if they will commit such offence then they are are going to suffer the pain.
Rape has nothing to do with the age factor whether a girl or a woman, a mother or a sister all are carrying same portion of respect.

From the very basic, families need to give sex education and tell it is importance to their children. Somewhere families lack in doing this. They hesitate to confront their children on sex education which in fact is so important. We have to break this barrier of hesitation!

India is among the top ten countries for the offence of rape. People do not have fear of committing an offence.

Austin in his definition of law said, “law is a command of sovereign passed by sanction”.
We need to work on sanction!

 

This article has been written by Arushi who is a final year law student from New Delhi, India. Opinions expressed are hers. You too are welcome to write.

 

Editor’s Note- Death in rape cases is much needed but we have to think that if there is death penalty for every rape case then there may be an increase in number of murders after rape. The rapist would be incited to murder the victim after rape so as to erase all proofs. Rapes are usually committed in isolation. Victim is the only main testimony to the incident of rape. Until we strengthen our police system, make CCTV cameras available in isolated streets and corners, raise mass awareness, the idea of death penalty for EVERY rape case sounds a bit scary. The day we have strong mechanism in place, there should be no delay in hanging the rapist the moment charges against him are proved.

What do you think?

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