By
Karthik T, IV year B.Com.,LL.B.(Hons.)
As of now the rape in our society is increasing rapidly and there is no proper awareness about the punishment imposed by law. Even though there are a separate law and punishment for rape in India but one cares about it and they keep doing the same. A very recent case in Tamil Nadu was a girl been raped and killed by a brutal man and there is no evidence to prove that he had raped her because he destroyed everything so the court has said that he is not guilty of rape. This is an injustice to our country were many of them know that the person who did the rape and he has been released by the court which I strongly disagree with. As a famous case called nirbhaya were this incident was talked about by all and it has become law. According to the Indian penal code section 376 (a), to gives the punishment for rape who did in India. In fact after these punishments also this kind of brutal barbaric thing being happened in India which should be noted one. According to the statistics every 16 minutes a rape case has been filed in India which is not at all bearing one the government must impose brutal kind of punishment for these kinds of people. According to the law in India, we are following only the reformative theory of punishment which speaks about the Reformation of every accused. I accept this theory of punishment for small kinds of offences but for rape it can't be used. For rape, the rapist must give a punishment which should be done in a public place so that after seeing that no one should indulge in such an activity. In UAE the country gives the maximum punishment for the rapist which is cutting the private part of the accused which should be implemented in India also. Which is a deterrent type of punishment, as of in India the judgment for the rape comes after many years which should not be entertained. If a person is guilty of rape then he should be hanging or given brutal type of punishment immediately which can be done in half an hour. If these kinds of punishment are implemented than our society will be changed to a safer one. Many people are being afraid to send their kids to school also this time because of much offensive activity which should be changed. There should be a new law and punishment to be imposed in India and a trail of that should be finished as soon as possible. Take an example of the Nirbhaya case where the accused are punishment after 8 years which is not at all good one though the family of Nirbhaya got justice as a normal prudent man we have to strongly contend about it and we have to conclude that the justice must be rendered immediately.
Cases to be noted
Ajmer rape case
This was a famous case that happened in Ajmer were hundreds of schoolgirls being molested and raped and the court gave the death penalty for all the accused who are related in this case.
Nirbhaya case
This case is the leading case till now was an amendment that came in the Indian Penal Code which speaks about the punishment of gang rape. Many protests have happened and the accused of this case has been hanged recently after 8 years.
2013 Mumbai gang rape
In August 2013, a 22-year-old photojournalist, who was interning with an English-language magazine in Mumbai, was gang-raped by five persons, including a juvenile, when she had gone to the deserted Shakti Mills compound, near Mahalaxmi in Mumbai, with a male colleague on an assignment. This caused protests throughout the country since Mumbai with its very active nightlife was previously considered a haven for women. The city sessions court found the accused guilty and sentenced the death penalty to the three repeat offenders, in this case, making them the first in the country to get the death sentence stipulated under the newly enacted Section 376E of the Indian Penal Code.
Conclusion
I hereby conclude that the punishment should be imposed immediately to the accused after he has been proved guilty of the offence called rape. I strongly disagree that in many cases the judgment is been late which should be noted and the central government must pass a law that the trial should be completed within 7 days from the date of the incident happened.