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Rape Culture and the Law Of Death Penalty

Hardik writes, rather than sanctioning death penalty, the government should focus on getting conviction of accused through proper implementation of laws by the police, improving forensic facilities and providing proper sex education. These policies would ensure to make India safer and a country in which people would be proud to live in.

Rape which is associated with a very negative tone is sadly being a part of our culture. Girls living in our country don’t feel safe even when governments change from time to time. It is really heart wrenching that the cases of rapes in India is increasing at an alarming rate. Though there was a massive outrage during the Nirbhaya case, people committing the crime are still fearless about doing such heinous act. Has the government done enough on its part to curb such an inhuman crime? Or is it the role of society in imparting values to the individuals living in it?

The current act in Kathua and Unnao has raised massive protests since people who administer and implement laws are found guilty behind the act. Though there is much power in hands of honourable Prime Minister Narendra Modi, there has still not been an instance of expelling the MLAs being a part of it. The government has taken a massive step to give death penalties to those who rape minors’ i.e below 12 years. This gives a counter to all those who believed that India didn’t have a stringent policy or law towards the act. It would now be really fearful to all those who want to engage in such a crime. This is a brief view given by the government.

The larger picture however states that this is a law made in wake of social outcry and protection from international criticism. It is being seen as the government is least interested in solving the current issue and just making random statements in order to have an upper edge over all the other parties during the elections. This can be justified since the government rather than focusing on better implementation of laws and ensuring conviction as quick as possible is running away from answering many tough questions from the public. The government on one hand has fast tracked the 2G case, triple talak case, coal-gate case but is lacking somewhere in providing justice to a 8 year old. This again marks the inadequate thinking and hasty decisions taken by the government. Report suggests that this is because 95% of the rape cases in the country are done by members of the family or close aides to the family. Hence death penalty in most of the rape cases would lead to a under reporting of cases since it has brutal consequences of their own family members. This ultimately would serve injustice to the victims.

Thus rather than sanctioning death penalty, the government should focus on getting conviction of accused through proper implementation of laws by the police, improving forensic facilities and providing proper sex education. These policies would ensure to make India safer and a country in which people would be proud to live in.


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10 thoughts on “Rape Culture and the Law Of Death Penalty

  1. roshan says:

    Politicising issues like rape is indeed a sad part and to control the menace  we need to have severe laws. The plea that it may be counterproductive may not be correct as most of the developed countries have these laws and there also in most cases the family members are involved but that has not stopped them form framing stricter laws. Alternatively the severe punishment can also be a factor for not doing the heinous crime. The weak needs to be protected and so prosecution of culprits needs to be done.

  2. Shruti says:

    Bringing in another law will lengthen the judiciary process. The heaviness of the verdict will slow down the decision making process. Rapid courts are the need of the hour. Most of the other developed countries have their law and order in place with few loopholes, therefore it is more effective. Clearance of the still pending cases is more important than adding new laws that would stymie the judiciary.

  3. NIKHIL KUMAR says:

    I completely agree with the points made by you and I believe that on spot justice will reduce the crimes because criminals are taking advantage of our delay in justice and they will not be even afraid of death sentence as they can challange the judgement in upper courts which consumes a lot of time for judgement. Because of this even victim and her family also feels insecured.

  4. Hardik says:

    I sincerely take the above comments with due respect. Coming to the law of death penalty it is not just to compare India with various developed nations given their advancement in investigation and implementation. In reference with the kathua case we can see how the police has acted against such a henious crime. They have refused to file an FIR by the victim even though approached a several times to register it. On parallel lines unnao rape victims father gets killed in judicial custody assaulted by an MLA’s brother. Moreover most of the times the forensic reports are manipulated. Hence justice is delayed in courts. Rightly quoting juice delayed is justice denied. Therefore,  I believe that the loopholes and gaps must be filled rather than adopting an escapist policy. Lastly I would like each and every citizen to think whether why death penalty has not yet  sanctioned against the victims in these rape case??

  5. Varsha says:

    Very well written my friend! I highly appreciate your work!

  6. MADHU KIRAN says:

    The above said point are clear the way the govt acted according to the culprits, since the laws regarding harassment had been successfully passed (eg. Nirbaya act) but i don’t feel good as the culprits are known to the society(govt, sc, ppl) no act was truly implemented on them.

    The laws in India were like the security men at Uppal stadium(hyd) who allow u in without purchasing the ticket if u r  known to them.

  7. Abna says:

    Bringing more stringent laws can surely bring changes. But before that the whole mindset of the politicians itself should change. Most of the time when a rape case arises politicians are criticising each other . They are not concerned that even one single act of rape is against humanity . But what they are more concerned is about to criticise each other’s political parties and count on how many rape cases happened under the ruling of congress and how many under the ruling of BJP . All political parties are more concerned about the image of their party rather than granting justice to a rape victim .

  8. Aditya K Hajeri says:

    Hardil, points are well drafted. Appreciated work, there is no words to say..:-)

  9. Yashica says:

    Wonderful thought it is ! Highly appreciate your blog ! Keep going ❤❤

  10. PITY PARKER says:

    Hats off for your efforts to abridge such a huge outrageous issue into a small article but  the article lacks citations or references [eg- NCRB data ; you’ve pointed  but didn’t cite it]. It’s  Your article would look more opulent, emblematic,   buttressed professionally if you give some references in addition to recommendations. Adding to your essay, the saddest part is that the arrogant male dominant society blame women in western dress as it is also the reason for thriving the rape culture and the worst situation is that BJP MP’s and MLAs with religious affiliations play a major role. Hope such more diatribes would be penned by you.

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