Almost 8 years before an incident happened in India that outrage the people of this country and for that people came across the cities for the candle march and protest for justice that incident is the Nirbhaya gang-rape case. And after so many years she got justice. In this case, criminal amendments have been done for protection. But after so many years also people can’t forget it. Now again in the Hathras rape case, the crime is very serious as in this case girl has suffered lots of suffrage and the right of girls has been violated because every person has the right guaranteed by Constitution by Article 21[1] which says every person has right to life and to live with dignity and that also covers the right to proper cremation. And now there is a strictly need for justice.
FACTS OF THE CASE-
- On 14th September 2020, an incident occurs in a village called Hathras and it is located in Uttar Pradesh.
- A girl 19-year-old of Dalit community has been gang by 4 men which are of upper caste. Field while they were working in the fields in Hathras in UP. The girl died because of her injuries.[2]The girl was in the hospital for almost 2 weeks and then she died on 29th September.
- For almost two weeks she is in hospital but no examination was done as per guidelines rape victim should be medically examined immediately brought to the hospital. As per the criminal amendment 2013.
- As no FIR was filled till 8 days but after that FIR has been filled and all the four men within 2 days they were arrested.
- But when at midnight when police did the cremation of that girl without the consent of family then that point the whole nation was shocked.
- The Allahabad High court has taken Suo moto cognizance regarding the matter. As they say that this incident caused them shocked and concise.[3]
CAPITAL PUNISHMENT
- In this country, Capital punishment [4] or called death punishment is given in the rare to the rarest case. As in rape cases, the punishment is granted in the last in Nirbhaya case the accused are given capital punishment after so many years. Capital punishment is one of the rarest punishment given for the most serious or heinous crimes.
- In the Nirbhyaya case also the accused were given capital punishment but then also there is no fear or anything in the society again the Hathras case occurs.
- In the whole process, most of the victim’s rights sometimes violate. This all that happens to the victim has the most concerning thing.
- After the Nirbhaya case, the Verma committee has been formed.[5]
- Now India is also adapting the reformative theory. So that the accused can be reformed and after the prisoner time they can settle in society with good behavior.
CASE LAW
- TUKARAM & ANO. VS. STATE OF MAHARASHTRA [6]
In the famous case called a Mathura case in this case a young girl was raped in the custody as after these case criminal amendments have been done for the victim. This also banned the identity of the victim to be published and the proceeding will be in camera. This case leads to a major amendment in IPC as well as Evidence.
- STATE OF KARNATAKA VS. MANJANNA[7]
Hon’ble SC held that rape victims have to the immediate medical examination. And also before registration of complaint, as it is the right of that victim to first get a medical examination.
- BACHAN SINGH VS STATE OF PUNJAB[8]
In this case, the Hon’ble SC held that capital punishment is given in rare to the rarest case by seeing the factors which are affecting the society as well as the victim. By this case only it was held death punishment or capital punishment will only be given in the Rarest to the rare case.
- DELHI COMMISSION OF WOMEN VS. DELHI POLICE [9]
In this landmark case, the Delhi High Court gives the order on behalf of the rape victim, and in this, it was said there will be a special SAFE KIT called sexual assault forensic evidence collection kit which will be used in the rape case by the doctor. As in this case, it was said there must be a women police and a women doctor for the examination. For the victim, this kit has been developed.
- MACHE SINGH VS. STATE OF PUNJAB [10]
From this case, there were some points which are mentioned the to give death penalty are if murder is committed in a brutal manner or very serious which is heinous in nature.
CONCLUSION
As the Nirbhaya gang-rape case shocked the whole society as nature is very serious and intense, as accused were hanged and the victim and her family get justice. In India, the death penalty or capital punishment is given in rarest to the rare case as we can see in the previous judgments. As the criminal justice system of the country depends on how the sentencing policy will be there. As we can see from the previous cases in India the sentencing policy is not uniform it’s upon the discretion of the judges. Hope that the victims will get fair justice. In the Nirbhaya case also accused were held guilty and hanged but it has taken almost 8 years, in the Hatharas case hope it will get justice as soon as possible. And more guidelines needed regarding the rape victims should be there for the fair delivery of justice.
Author(s) Name: Parneet Kaur Chawla (ITM University, Raipur)
Reference(s):
[1] Constitution of India ARTICLE 21
[2] https://www.shethepeople.tv/news/10-things-to-know-about-the-hathras-gang-rape-case/
[3] https://www.indialegallive.com/constitutional-law-news/courts-news/allahabad-high-court-takes-suo-motu-cognizance-in-hathras-case-over-the-issue-of-the-right-to-decent-and-dignified-last-rites/
[4] Section 53 of IPC
[5] https://blog.ipleaders.in/sexual-assault-hathras-case-marital-rape-india/
[6] https://indiankanoon.org/doc/1092711/
[7] https://indiankanoon.org/doc/1214266/
https://www.casemine.com/judgement/in/56e66a4e607dba6b534360f7
[8] https://indiankanoon.org/doc/307021/#:~:text=Bachan%20Singh%20vs%20State%20Of%20Punjab%20on%209%20May%2C%201980&text=1.,354%20of%20the%20CrPC%2C%201973.
[9] https://www.casemine.com/judgement/in/56e66a4e607dba6b534360f7
