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How Indian judiciary has failed to serve justice to rape victims

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How Indian judiciary has failed to serve justice to rape victims

India is the largest democracy in the world with a population of 1.3 billion people. Democracy is a rule of people but the judiciary system of the world’s largest democracy has failed to serve justice to rape victims in our country. Can we really call this democracy when millions of people are lighting candles, protesting for justice and it is not served to them despite having all the proof?

The Indian Judiciary has been lagging in serving justice to the oppressed. Years ago Nirbhaya rape case was ruling over news channels and newspapers, the story of how brutally nirbhaya was raped and killed is heinous. We were ashamed to not protect our daughter from those monsters but even after the pleas from every Indian asking to hang the rapists, justice was prolonged for years. Nirbhaya died in 2012 and after 8 years of continuous struggle on 20 march 2020, the rapists were hanged to death. The case that shook the entire country took 8 years for the Indian judiciary to conclude despite having all the evidence. What do we call India, a rule of People?

Nirbhaya is not the only victim but there are thousands of others who have not received justice yet. It’s no secret that women in India are not safe. Rape is the fourth most common crime in our country with 88 cases daily on average according to 2019 reports of NCRB. The reason behind that is rapists do not fear the punishment, They believe they can do what they wish and they will manage to find a way out of the police case, which in many cases they do get out without punishments. 

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Rape is forcing yourself on someone sexually, it does not matter who the victim is. It can be a male or female, married or single. Rape is rape but the Indian judiciary does not believe the same as in India martial rape is not illegal. Once the Chhattisgarh high court said, “ Since the complainant is the legally wedded wife of the accused, any sexual act will not be considered as raped even if it was by force or against her will.”

Madhya Pradesh High Court once served justice to a victim by asking her to tie Rakhi to a molester. Bombay High Court says “groped a child without removing her clothes” it cannot be considered as a sexual assault as there was no skin-to-skin contact. Whereas Karnataka high court granted bail to the accused of rape, criminal intimidation, and cheating by saying “ It is unbecoming of Indian women”  to go to sleep after she is ravished. 

This is the reason why many women do not file a complaint and many times Indians take the matter into their hands. Such absurd statements degrade the value of the justice system in India. We should stop calling India “ world’s Largest democracy” when the rulers do not get justice themselves. 

AASTHA SINGH

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Suprme Court pulls up Delhi body for not conducting tree census

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Suprme Court pulls up Delhi body for not conducting tree census

The court said that it will order the constitution of an expert body to vet every proposal for tree felling in the city

The Supreme Court on Friday pulled up the Delhi Tree Authority (DTA) for failing to carry out a tree census in the Capital as required under the Delhi Tree Preservation Act (DTPA). The court added that it will order the constitution of an expert body to vet every proposal for tree felling in the city, observing that DTA lacks the expertise to do this job.

A bench headed by justice Abhay S Oka was considering an application filed by a Delhi resident, Bhavreen Kandhari, which raised questions over the performance of DTA — a statutory body under DTPA that has allowed more than 60,000 trees to be felled between 2015 and 2021. The court had issued notice on the application on November 8 as the data presented by Kandhari suggested that Delhi was losing five trees every hour.

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On Friday, the bench, also comprising justice Augustine George Masih, took up DTA’s response and said, “We want to know how DTA is functioning. Has it carried out any census of trees?” The court cited Section 7 of DTPA, 1994 (or is it 1995), which says “carrying out census of the existing trees” and “preservation of all trees” in Delhi is one of the functions of DTA.

“We intend to pass an order that no permission for tree cutting shall be passed unless it is vetted by this expert body. Unless there is a record of the number of trees, nothing can be done. Has this been undertaken? It was the duty of DTA to do this under the Act,” the court said.

The bench asked senior advocate Guru Krishnakumar, who was assisting the court as amicus, to indicate whether there should be a threshold, such as cutting of 100 or more trees, when an issue can be sent for consideration to the expert body. “Considering the diminishing green cover, we are considering whether a body of experts should consider every permission for felling of trees. We will pass orders that no permission for tree felling shall be passed unless vetted by this body. Some threshold can be fixed and DTA will have to comply with the recommendation made by the expert body,” the court said.

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