SATISH HANDA
Fast increasing cases of crime against women including large number of cases for rape and gang rape of children and ‘Dalit’ females in the country is a matter of concern. The recent case of gang rape of 19 years old ‘Dalit ’female at Hathras in U.P hitting headlines in all newspapers has turned as a political issue between political parties in the country in which action has also been taken against several senior police officers of government alleged responsible for neglect in handling the case.
According to Crime in India -2019 report by National Crime Record Bureau (NCRB) as many as 2.66 lakh rape cases has been registered by the police in past eight years with effect from 2012 till 2019, besides large number of such cases not reported to police by the family of rape victims. Out of these case registered by the police in this period in the country include 24923 rape cases registered in 2012, 33707 cases registered in 2013, 36935 cases registered in 2014, 34651 cases registered in 2015, 38947 cases registered in 2016, 32559 cases registered in 2017, 33356 cases registered in 2018 and 33033 cases registered in 2019.
According to NCRB report, nearly 7.3% increase in crimes against women cases was recorded in the year 2019 as compared to previous year on an average 88 rape cases were registered daily in the country an out of total number of 33033 rape, gang rape cases registered by the police during the year nearly 11% cases (total number of 3500 cases the victims were children as well as females from ‘Dalit’ community. Information also reveals that during the year 2019 over 6000 females were reported raped in Rajasthan and 3065 females in U.P states alone during the year, of them only 27% rapists were sentenced imprisonment in 581 Fast Track Courts constituted by the government for providing quick justice to rape victims on March 31, 2019.
According to NRB report, 31% rise in rape cases has been witnessed in the country in past 10 years and in serious rape cases life imprisonment or hanging till death is announced by the court to accused in such cases usually involved in rape, gang rape of children. According to amendments in laws as regard rape cases, a Criminal Law Amendment Ordinance was approved in 2013 in which provision for hanging an rapist till death was introduced. Similarly, in 2015 Juvenile Justice Bill was also approved in which decision was taken that a youth of age 16 years or above committed an rape should be treated in the category of an adult during trial of a rape case and decision by the court. Decision was also taken that in case of committing rape by a teenage youth should be sentenced imprisonment similar to an accuse of section 376 IPC. The courts were directed to complete all trials in rapes cases within a period of two months.
AP Criminal law Amendment Act 2019 was passed in Andhtra Pradesh Vidhan Sabha in 2019 in which in case of a rapes, gang rapes all trials should be completed in a period of 21 days after registration of case. According to Vishakha Guidelines, Supreme Court of India in 1997 introduced a law to control sex exploitation of females by a male member at work place of all over in the country, those found culprits should be sentenced imprisonment for a period of minimum seven years and hearing of all such cases should be held inside a close room.
Among some of highly controversial rape, gang rape cases reported in India in past years include Nirbhya Gang rape at Delhi on December 16, 2012 in which a para-medical student Nirbhya was gang raped by six persons in the bus and thrown out, later succumbed to her injuries. One of the accused Ram Singh committed suicide in the jail, another minor sentenced three years imprisonment by Juvenile Court was released from a reform house and remaining four rapists undergoing death sentence were hanged till death at Tihar central jail in March 2020. In another gang rape case reported at Kathua in Jammu district, in which eight years old minor girl was kidnapped on Januray 10, 2018, gang raped by six persons including three policemen in a temple and thrown her at a lonely place dead on January 13, 2018 were declared accused by a special court in Punjab on June 10, 2019 which announced life imprisonment to three prime accused and five years imprisonment to policemen. In Hyderabad gang rape case , a 26 years old doctor was kidnapped and gang raped by four persons whose burnt body was recovered at after two days a lonely place. However, all the four accused were shot dead by police during an encounter while attempting to flee.
