Law
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.
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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