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Why Can’t “hang Till Death” Be The Only Punishment In All Rape Cases?

Posted by Hardik Lashkari
May 10, 2017

NOTE: This post has been self-published by the author. Anyone can write on Youth Ki Awaaz.

5th May 2017, Supreme Court upheld death sentence for Nirbhaya’s rapists;

7th May 2017, Jaipur; A girl aged 4 years was raped by the servant in her own house;

8th May 2017, Jaipur; A girl aged 6 years was not only gang raped but was also injured badly by the rapists;

8th May 2017, Lucknow; A girl was physically assaulted by a minor in an attempt to rape her;

So did Supreme Court’s decision act as a deterrent for rapists and criminals? No, it didn’t; not even for few days; Capital cities of Rajasthan & Uttar Pradesh, the largest and most populated states of India witnessed sexual assaults once again in merely 3 days.

Just because Nirbhaya case got so much media attention and unofficial mass movement, her rapists have been sentenced to death by Apex Court of India. But in all other rape cases, the punishment is restricted to imprisonment for few years. In several cases, even rapists are not arrested since they belong to rich, powerful families or they get successfully escaped.

With due respect to the Constitution of India & Indian Penal Code (IPC), why punishment for rape has been restricted merely to imprisonment? Why can’t Supreme Court or High Court or Fast Track Court order death sentence in all rape cases? Be it a rape case of minor or major girl, gang rape or individual rape, rape in remote areas or metropolitans; there should only be one punishment for rapists – DEATH SENTENCE.

Another point, our judiciary is so complex and an indirect beneficiary of criminals; Nirbhaya’s case was heard in 3 different courts; initially Fast Track Court ordered death sentences but the decision was appealed in High Court; high court upheld the decision which was later appealed in Supreme Court. Now even when Supreme Court has also upheld the decision, still the decision can be appealed again in Supreme Court. Even if the appeal is rejected or the decision is upheld, a petition can be filed in Supreme Court. Even if the petition is rejected, Culprits can plea for mercy to The President of India. Nirbhaya died more than 4 years ago but our judiciary system is yet to give the rapists a tag of “PROVED CRIMINALS”.

One more thing, cases of juvenile rapists have increased in last few years; because the law is not at all stringent for minors; even if a minor rapes a girl; he can plea for mercy in name of minority. Minor rapist in case of Nirbhaya’s case was set free last year and sent to Correction Home for three years. Even when it was reported that the juvenile was one of the most brutal rapists to Nirbhaya, sending him to correction home for just 3 years would mean great probability of similar or even more brutal crime to happen.

Hence to conclude, Government, law making authorities, experts, media, and finally public should come together to form very stringent laws in case of rapes. Fast track courts must be set up to deal exclusively with rape cases and the decision should be quick which can only be appealed to a single appellate authority. Dual appeals must be scrapped. Also juveniles shouldn’t be set free in name of age and stringent laws should be framed in case of them too. Every body shall have to send a simple and clear message – RAPISTS ARE THE BIGGEST CRIMINALS. THEY DON’T DESERVE TO LIVE IF THEY DAMAGE THE LIFE OF A GIRL. DEATH IS THE ONLY VERDICT.

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