INTRODUCTION:

India is passing through a very turbulent phase with regard to women security and cases of rapes, sexual assaults, acid attacks are on the rise on a daily basis. One of the major reasons that have been attributed to the rise of these crimes has been the increased number of unemployed youths who take to crime. The rise in the number of sexual crimes is supported by empirical data. The National Crime Records Bureau in its data has shown that the crimes have seen a gradual increase. It has seen a massive jump from 2,487 in 1997 to 24,206 in 2011 which is an increase of 873%.¹ This increase can be explained by two factors in my opinion. One, there is an increased awareness about the crimes and hence the feeling that these crimes should not go unreported has percolated in the society. This is a very important point because in India Sexual Crimes always had this character of social stigma attached to it. This meant that the victims would not take the matter to the relevant authorities and thus these crimes would go unreported.

The long tedious process of seeking justice also played an important role in this behaviour of the victim in not reporting the crimes. The second reason which explains the increased percentage is that the crimes have actually increased in number. This can also blamed on not having effective deterrence due to a lax implementation of the prevalent laws which can be argued to be comprehensive. Sociological conditions such as illiteracy, unemployment and gender insensitivity among the youth can be attributed to the increased crimes against women. The alarming situation is that despite the nationwide outrage, the crimes against women have only been increasing which suggests that there is something seriously wrong with our legal system when it comes to the prosecution and punishment of the perpetrators of these crimes. Also the society should sensitise itself to the plight of the victims. In our country it is commonly seen that rape victims are not treated well by the society and some people go to the extent of blaming the rape on the victim. So not only the legal mechanism but also the society needs to change its view towards the victims of rape and other sexual crimes.

State Duty to Protect the Rights of Individual:

It is the duty of the state to provide a safe environment to the women, who comprise half the nation’s inhabitants, and failing in discharging this public duty render it answerable for the lapse. Thus state’s role is not just reactive to catch and punish the culprits for their crimes but its duty is also to stop the commission of any crime to the best of its ability.

The National Human Rights Commission has also said that the government is answerable and liable for the infringement of human rights within its jurisdiction and observed that “it is the primary and inescapable responsibility of the State to protect the right to life, liberty, equality and dignity of all of those who constitute it. It is also the responsibility of the State to ensure that such rights are not violated either through overt acts, or through abetment or negligence. It is a clear and emerging principle of human rights jurisprudence that the State is responsible not only for the acts of its own agents, but also for the acts of non-State players acting within its jurisdiction. The State is, in addition, responsible for any inaction that may cause or facilitate the violation of human rights”.²

As rightly pointed out by Justice J. S. Verma in his report on Criminal Amendment act, 2013 said that “the purpose of laws is to prescribe the standard of behaviour of the people and to regulate their conduct in a civilized society. Faithful implementation of the laws is of the essence under the rule of law for good governance. In the absence of faithful implementation of the laws by efficient machinery, the laws remain mere rhetoric and a dead letter”.

Dr. Rajendra Prasad, while moving the motion for adoption of the Constitution in the Constituent Assembly, had said:

“Whatever the Constitution may or may not provide, the welfare of the country will depend upon the way in which the country is administered. That will depend upon the men who administer it. If the people who are elected, are capable and men of character and integrity, they would be able to make the best even of a defective Constitution If they are lacking in these, the Constitution cannot help the country. After all, a Constitution like a machine is a lifeless thing. It acquires life because of the men who control it and operate it and India needs today nothing more than a set of honest men who will have the interest of the country before them. It requires men of strong character, men of vision, men who will not sacrifice the interests of the country, at large for the sake of smaller groups and areas and who will rise over the prejudices which are born of these differences. We can only hope that the country will throw up such men in abundance”.³

The Supreme Court in Bantu v. State of U.P.⁴ has observed that “the law regulates social interests, arbitrates conflicting claims and demands. Security of persons and property of the people is an essential function of the State. It could be achieved through instrumentality of criminal law. Undoubtedly, there is a cross cultural conflict where living law must find answer to the new challenges and the courts are required to mould the sentencing system to meet the challenges. The contagion of lawlessness would undermine social order and lay it in ruins. Protection of society and stamping out criminal proclivity must be the object of law which must be achieved by imposing appropriate sentence. Therefore, law as a corner-stone of the edifice of “order” should meet the challenges confronting the society”.

Friedman in his “Law in Changing Society” stated that, “State of criminal law continues to be - as it should be - a decisive reflection of social consciousness of society”. Therefore, in operating the sentencing system, law should adopt the corrective machinery or the deterrence based on factual matrix. By deft modulation sentencing process be stern where it should be, and tempered with mercy where it warrants being. The facts and given circumstances in each case, the nature of the crime, the manner in which it was planned and committed, the motive for commission of the crime, the conduct of the accused, the nature of weapons used and all other attending circumstances are relevant facts which would enter into the area of consideration.

The observation of the Committee headed by Justice J.S. Verma has also stated that “unless and until the state pursues a policy of avowed determination to be able to correct a historical imbalance in consciousness against women, it will not be possible for men and indeed women themselves, to view women differently and through the prism of equality. It is not enough that women occupy a few symbolic political positions to evidence true empowerment of women in this country. In the view of this Committee, the ethos of empowerment of women does not limit itself to political equality, but also extends, in equal terms, to social, educational, and economic equality. If true empowerment of women were to mean anything, it is necessary that law, as well as public policy, must be capable of engaging substantially with women’s rights, opportunities, acquisition of skills, the ability to generate self-confidence and insist on total equality in relationships, both with society and the State. It is the inability of women to claim equality in society which has led to an incline against women as a consequence of which there has been a latent bias against women in the prosecution of crimes including its prevention.”

One wonders if the following words written by Mahbub-ul-Haq hold true for Indian women:

“As we approach the 21st century, we hear the quiet steps of a rising revolution for gender equality. The basic parameters of such a revolution have already changed. Women have greatly expanded their capabilities over the last few decades through a liberal investment in their education. At the same time, women are acquiring much greater control over their lives through dramatic improvements in reproductive health. They stand ready and prepared to assume greater economic and political responsibilities. And technological advances and democratic processes are on their side in this struggle. Progress in technology is already overcoming the handicaps women suffer in holding jobs in the market, since jobs in the future industrial societies will be based not on muscular strength but on skills and discipline. And the democratic transition that is sweeping the globe will make sure that women exercise more political power as they begin to realize the real value of the majority votes that they control. It is quite clear that the 21st century will be a century of much greater gender equality than the world has ever seen before.”⁵

The Committee Comprised by Justice J.S. Verma, which also included retired judge Leila Seth and leading advocate Gopal Subramaniam, also of the view, that “unless and until each one of these pernicious models is deconstructed by the collective will of not only Parliament, but also of the people of India, gory incidents, such as those which have been reported in recent times and which continue to be reported from across the country, will continue to shake the faith of the people. Each violent incident against an Indian woman is causing greater provocation. It is causing greater provocation not simply because it is a shameful incident, but also because it appears that there is a vast disconnect between equality and respect and the obligations of those who administer the law”.

The need for the hour is of good governance and trustworthy and competent system for law enforcement and justice delivery united with performance of the fundamental duties by every inhabitant.

Legislative Enactments to Protect Woman against Crime:

In India the woman constitute about half of the population however as far as discrimination and violence they suffer in the hands of the man in silence is from time immemorial. Even though self sacrifice and self-denial are their aristocracy and asset, still they have been made the victims of all inequalities, indignities, injustice and bigotry from time immemorial. These are some of the factors that compel legislature to make various laws to give the women their due share. The Indian constitution which is the fundamental law of the land contains numbers of provisions for the promotion and safety of the women. The concept of equality and non-discrimination finds its due place in Indian constitution. Besides, it also enables the state to adopt measures of affirmative discrimination in favour of women.⁶ Apart from fundamental rights, some specific provisions to ensure the rights of women have also been incorporated in Directive Principles of State Policy.⁷ However, in spite of constitutional protection and a number of legislations, gender bias and injustices continue to happen. This is mainly because those who implement the laws or infer them do not always fully share the viewpoint of gender justice concept.

There is an exhaustive list of laws passed by the legislature specifically to protect the women from any violence, discrimination, cruelty, and stalking, religious and cultural atrocities. Important legislative enactments which specifically deal with violence against woman are following:

1 Indecent Representation of Women (Prohibition) Act, 1986

2 The Immoral Traffic (Prevention) Act 1986

3 Dowry Prohibition Act, 1961

4 Commission of Sati (Prevention) Act, 1987

5 The Protection of Women from Domestic Violence Act, 2005

6 Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994

7 The Medical Termination of Pregnancy Act, 1971

8 The Prohibition of Child Marriage Act, 2006

9 The Criminal Amendment Act, 2013.

10 The Sexual Harassment of Woman at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Apart from the specific legislation for protection of women in India there a number of other legislation which contains provision for the prohibition and prevention of violation of women rights for e.g. The Indian Penal Code, 1860; the Indian Evidence Act, 1872;Criminal Procedure Code, 1973; The Married Women’s Property Act, 1874; The Factories Act, 1948; The Minimum wages Act, 1948; The Hindu Marriage Act, 1955; The Maternity benefit Act,1961; the Muslim Women Protection of Right on Dowry Act,1986; National commission of Women Act, 1990; the Protection of Human Rights Act, 1993; Information technology Act, 2000 etc. There are several areas of concern for women in law and judicial administration. However, it is in criminal law and criminal justice administration that the struggle for justice for woman is more discriminating and intolerable. These problems are partly embedded in substantive law and partly in procedural aspects, i.e., Criminal Procedure Code, 1973 and the Indian Evidence Act, 1872 and the way they are administered. In cases of crime against women like sexual violence, stalking, dowry deaths and the like, the victims in most cases do not get justice at all. With regard to women, basic right to get justice is not easily available because of a multiplicity of factors on which they have little control. Indian women are, by and large, handicapped in reverence to the entire fundamental essential for access to justice. The widespread illiteracy, the cultural obstacles and subordination they suffer from, and unfriendly procedure of law have kept most women, who have problems, away from the law and courts.

The Report of the JCP quoted the observations of Jawaharlal Nehru to signify the role of legislation in dealing with this social evil as under:

“Legislation cannot by itself normally solve deep rooted social problems. One has to approach them in other ways too, but legislation is necessary and essential, so that it may give that push and have that educative factor as well as the legal sanctions behind it which help public opinion to give a certain shape.”

Ironically, the laws discussed here which are supposed to protect women from violence, actually penalize the women. Instead of empowering women, the laws have served to strengthen the State. A power full State conversely means weaker citizens, which includes women. And the weaker the women, the more vulnerable they will be to male violence. The cycle is vicious. Once a girl child is raped, a social stigma is attached to her. In such case besides other measures there should be social rehabilitation of victim. Due to many reasons the rape victims hesitate to bring the case to the notice of police and resultantly most of such cases go unreported leaving the offenders to roam free to commit more crimes in the society.

Victimized women have different experiences with the national criminal justice system. They cannot always depend on the criminal justice system for safety. In terms of combating crime against women, there often exist gaps and vagueness in the laws criminalizing violence. Laws tend to be progressively, focusing on specific forms of violence rather than dealing comprehensively with all forms of crime against women. When the law is put in place, there is often weak law enforcement. This leads to victims lack of interest, disbelieve and evading the system. In certain situations such as the cruelty and dowry deaths, bribery among police and other enforcement officials works as a major problem. In a large and complex country like India, the magnitude and problems of crime against women do not yield easy solutions. Setting standards is a first step, and while it is an important and necessary one, it is not enough. There must be effective implementation at every level on national, regional and international scene. The rule of law and recourse to legal remedies for violation of rights and entitlements must be observed.

The law commission through its recommendations made various changes in Indian Penal Code, 1860, Criminal Procedure Code, 1973 and Indian Evidence Act, 1872 and has tried to solve many problems of the victims of rape but these recommendations are not enough. The educated mass should come forward to support the victims of rape and report the matter to the police authorities immediately. Only the law cannot solve the entire social problems. Therefore, in addition to the Governmental authorities; social organizations, women’s organizations, voluntary groups, NGO‟s etc. ought to come forward for the cause of rape sufferers. The HRC should play an active role to check such hatred events of rape in India. There is an urgent need to strictly enforce and adhere to the law relating to rape. The guidelines propounded by the Supreme Court from time to time should be followed in letter and spirit. There is an urgent need of change in the approach of the police authorities in the matters of rape cases. They should have a sympathetic attitude towards the victims of rape and the necessary support should be provided to the victims.

Analysis of laws before the criminal law amendment, 2013:

Rape laws have seen numerous transitions before reaching the present form through the criminal law amendment of 2013, which was brought through as an ordinance as the parliament was not in session. This amendment was brought after a nationwide outrage against the brutal rape of a physiotherapist student in Delhi.

Section 375 of the Indian Penal Code defines Rape. In common parlance rape is described as sexual intercourse with a woman without her consent by force, fear or fraud.⁸ Section 275 has seen an amendment in the year 1983, which overhauled the definition of rape and also made changes to the punishments that were stipulated under the section 376. This was made through the Criminal Law (Amendment) Act of 1983. Interestingly this amendment was also brought about due to the widespread criticism of a judgment in the case of “Tukaram v State of Maharashtra”⁹, In this case the trial court had pronounced the accused as not guilty which was based on the concept that the victim had given tacit consent to the act. It was also observed that the girl was of promiscuous character which was used as reasoning for the tacit consent. This was overturned by the Bombay High Court which rightly pointed out that there was a huge difference between consent and passive submission. It was very correct in its observation that mere surrender to another person’s lust should not be taken as consent. This was upturned by the Supreme Court who acquitted all the accused. This judgment was criticised widely by the civil society. The ramifications of the case were seen in the amendments that were brought about in the IPC and the Indian Evidence Act. Section 376 A to D were added to the IPC and section 114A was introduced in the Indian Evidence Act.

To analyse the laws before the criminal law amendment act 2013 it is important to know how the sections have defined rape and the punishments associated with it. The crux of the definition of rape in section 375 IPC before the amendment of 2013 is that rape involves coercive non consensual sexual intercourse between a man and a woman. There are six circumstances that can be said to be the constituents of rape. The primary condition necessary for rape to be committed is that there must be the commission of sexual intercourse between the man and the woman. It is widely believed that rape can only be committed if the sexual intercourse has been done without the consent of the victim, but this is not always the case, rape can be committed even after consent has been obtained if the age of the woman is below the age of sixteen years. On a closer look at the circumstances required for the commission of rape it can be broadly divided into three parts. The first two clauses reveal that they deal with sexual intercourse with a woman ‘against her will’ and ‘without her consent’. This means that the woman is consciously capable of giving or not giving consent to the act. The next two clauses deal with the woman giving her consent due to coercion that is by putting her or any of her family member to threat of hurt or grievous harm and it also deals when the consent is obtained through misconception. The last two clauses deals with the situation when the consensual sex with underage female person takes place.

Explanation of the term ‘Sexual Intercourse’ and ‘Penetration’:

These are the terms that have undergone the most comprehensive change in the recent amendment of 2013. Before the amendment of 2013, sexual intercourse was taken to mean the penetration of the male genital organ into the female genital organ only. The courts interpreted the term sexual intercourse as “mere slightest or partial penetration of the male organ within the labia majora or the vulva or pudenda is sufficient to constitute ‘sexual intercourse’”.¹⁰ The courts have stressed on the fact that the depth of the penetration is immaterial.¹¹ It is also laid down that there is no requirement for injuries to be present on the private part¹² of the woman to constitute rape. The hymen need not be ruptured.¹³ Thus the essential condition of rape is penetration and not ejaculation. Ejaculation without penetration will constitute as an attempt to rape and not rape actually.¹⁴ These conditions were expressly mentioned by the Supreme Court in the case of “State of Uttar Pradesh v Babulnath”¹⁵. The court in this case while delving into the essential ingredients of rape made the observation that “To constitute the offence of rape it is not at all necessary that there should be complete penetration of the male organ with the emission of semen and rupture of hymen. Even Partial or slightest penetration of the male organ within the labia majora or the vulva or pudenda with or without any emission of semen or even an attempt at penetration into the private part of the victim would be quite enough for the purposes of section 375 and 376 of the Indian Penal Code. That being so it is quite possible to commit legally the offence of rape even without causing any injury to the genitals or leaving any seminal stain”¹⁶. An important issue of widening the ambit of section 375 to include the any bodily penetration as rape was raised in the case of Smt Sudesh Jhaku v KCJ & Ors.¹⁷ The petitioners wanted to increase the ambit of the definition to include penetration of any male body part into any orifice in the woman’s body. This however was rejected by the court which was not in favour of tinkering with the existing definition of the term. The court said that it was necessary to prevent chaos and confusion in the society with regard to the changed definition of rape and hence Section 375 should not be altered.

It is also important to note that there is also an exception to section 375. The exception is known as Marital Rape. Marital Rape is defined as non consensual sex with wife who is over the age of 15 years. The crux of the argument is that any coercive or non consensual sex with a wife over the age the age of 15 years will not be considered as rape within the purview of section 375. The immunity of the husband from getting convicted for marital rape arises from the assumption that after marriage husband gets a lifelong consent for sexual intercourse with his wife. This is a very problematic situation according to me because this is in contravention to the statute that states that the minimum age for marriage of a woman should be 18 years. So if that is the case a man cannot marry a wife who is of 15 years of age. I also don’t agree with the fact that Marital Rape is not considered to be rape because I don’t agree with the concept of lifelong consent to sexual intercourse just because a couple is married.

Punishments:

Section 376 of the IPC stipulates the punishments that are awarded if a person is convicted of rape. There is a minimum punishment of seven years and it can also be given with a fine and extend to life imprisonment. However Section 376(2) provides the situations where the quantum of punishment will be very high and it will include rigorous imprisonment which will not be less than a term of 10 years.

The punishment for gang rape is provided under sub section 2 of section 376 IPC which postulates that when a woman is raped by more than one person then each of the person will be convicted of the crime of gang rape and the punishment would not be less than ten years of rigorous imprisonment in such cases.

Rape Laws after the Amendment of 2013:

The Criminal Law Amendment Act of 2013 was brought into effect after the horrific Delhi Gang Rape case which shocked the whole nation with the brutality of the act committed. Widespread protests and agitations forced the legislature to contemplate the changing of the prevalent rape laws. The basic idea was to make them more stringent and introduce harsher punishments besides broadening the ambit and definition of the term rape.

Late Justice J.S.Verma, Gopal Subramaniam and Ex-Justice Leila Seth comprised the rather famous ‘Justice Verma Committee’ which was made to collect suggestions and make recommendations for the legislature to make a law to combat rape and other crimes against women. The technical committee was so proactive with its working that during its short duration it received as many as 80,000 suggestions over which deliberations were done. These suggestions were sent by various activists, lawyers, NGOs and other persons representing the ‘civil society’. Since the legislature was adjourned and there was no session, the committee’s recommendations were introduced via an ordinance.

The offence rape was now amended or given a broader meaning which was comprehensive enough to include any kind of penetration and also in any body part of the woman or girl. This was the most important change because earlier section 375 of the IPC only stipulated the Penile Vaginal penetration as rape. The fact that the new recommendations added that any penetration would be considered as rape was the most efficient tool in widening the ambit of the term rape which was being demanded earlier on the basis of the recommendations of the fifth law commission report. There was also the inclusion of registering complaints and medical examination. The report categorically mentioned, “Any officer, who fails to register a case of rape reported to him, or attempts to abort its investigation, commits an offence which shall be punishable as prescribed”

The committee gave extensive recommendations regarding avoiding marital rape as well as rapes committed via commission of void marriages. This was very important as I feel that Marital Rape is a loophole that is very explicit and on the face in nature. It is a topic that is not very hidden that legislations are not being made on the issue. This is why it is such an important thing since everyone knows about it and yet the effort to include it under the definition of rape has only begun recently. To include this fact and observation the committee mentioned compulsory registration of marriages so as to provide legal sanctity solemnization of marriage. The Code of Criminal Procedure also underwent a similar overhauling attributed to the new law and had previously gone through the same process after the judgment in the Supreme Court decision in the “Gurmit Singh Case”.¹⁸

Critical Comparison of the two legislations:

It goes without saying that the laws have now changed drastically from what it existed previously. Societal views changes from time to time with the advent of new values and technologies. It is only fair that similarly laws which matter so much in regulating the law and order prevailing in the society also changes from time to time. This is important to counter and combat new types of crimes that have emerged of late such as cyber crimes which include data theft, harassing, breach of privacy and so and so forth. The major rape and sexual assault cases such as the ‘Shopian Rape Case, the Aruna Shanbaug Case, Nirbhaya Rape Case, Priya Patel¹⁹, the Mathura Rape Case²⁰, etc. all have had an effect on the functioning of rape laws and their interpretations as well as reformations. Rape was included in the Indian Penal Code, 1860 in its original form since 1924.²¹

The Criminal Law (Amendment) Act, 2013 was a replacement of the Criminal Law (Amendment) Ordinance, 2013. The Act was mandated to make change in the Indian IPC & CrPC as well as the Indian Evidence Act. There was a rise in threats towards individual privacy in the country and it was high time to include certain new crimes under the Indian Penal Code in consonance with the passing of time. A new crime that was introduced and was not provided for in the country’s earlier legislations was ‘voyeurism’ which means the recording or viewing images, movies or any such media material without the permission of the person portrayed or screened in them would result in penal punishment. A ‘voyeur’ is defined as “a person who derives sexual gratification from the covert observation of others as they undress or engage in sexual activities.²²” Voyeurism is a criminal act which creates apprehension for society and is infringement of expectations of privacy that all citizens have about their body which they do not wish to expose it to others.²³

The inclusion of voyeurism as a crime under the Indian Penal Code has made sale of pornography, invasion of privacy and all forms of sale of defamatory pictures as prohibited and this has resulted in apprehension in minds of criminals.

Another very important change from previous legislations is the much required change in the procedure of providing evidence in the court of law. After the Mathura rape case the outcry did result in amendment of Section 114A of the Indian Evidence Act. This was done to maintain that despite there being the lack of consent given by the women, there was often a character assassination of the women at the court trials which was very unfortunate. Thus there was a transition from earlier legislations and Section 53A of the Indian Evidence Act was introduced making it explicit that in a trial where there was sexual assault or rape then the evidence supplied relating to the victim’s previous sexual experience or even for a matter of fact her ‘character’ could not be admissible in the court of law. Still is unfortunate that the character assassination of the victim continues in the society which increases the hurt suffered by the victim.

On instances of rape or sexual assault cases the evidence concerning consent is often derived on the basis of the past conduct of the woman which seems rather frivolous as at the instance of the abuse she might not have consented thus constituting the criminal act. In earlier cases prostitutes could be raped and their right would not be protected as the victim’s previous sexual experience and “promiscuous character” would always malign the proceedings and create a bias in the judiciary’s mind. The sole reason for this inclusion of this amendment was to prevent the breach of privacy of the victim’s sexual history by preventing it to be included as a piece of evidence in court. Thus unwarranted intrusion in the privacy of the victim’s life should not be supported by members of the civil society. The new law protected defamation of the woman and rights of the woman to live with dignity.²⁴

Lastly and very importantly, there was also an introduction of sexual harassment at workplace (under section 354 of the IPC in addition to the Sexual Harassment at Workplace Act, 2013) and an enhanced definition of rape provided for in the amended law. The earlier legislation had focused on coercion²⁵ and the fear of death or hurt of someone close to her²⁶ as an example of force exerted or lack of consent when there was commission of rape. Another example of deceit which culminated into the act of committing rape was commission of false marriages.²⁷

CONCLUSION:

To conclude with the comparison between the legislations it can be said that the two major substantive changes were introduction of sixteen forms of rape (Penetration made by object and all parts of body included) and also the increase in age of consent. Both were introduced to combat rise of rapes committed on minors specifically. Though there was another recommendation by the J.S.Verma Committee which wanted to introduce marital rape under section 375 but this was not allowed as it would have been a social controversy. One must also note that the sexual harassment at workplace which was for the first time highlighted in the case of Sakshi v. Union of India²⁸ which was a public interest litigation seeking punishments for sexual harassment committed against women at workplaces. It also wanted to widen the interpretation of rape to include all forms of penetration to be covered, the court had then given the decision in favour of the NGO but the parliament was did not recognise it. The 2013 Amendment and Act made this a reality as it gave sanction to the judgment. So I believe laws can be made much more stringent than they already are.

The major problem that is being witnessed by the society in the light of this law is that it is not water tight. Our leaders, like always, have failed to ensure the laws they enact are free from loopholes. The lack of gender neutrality in definition of Disrobing, Voyeurism, Rape etc, absence of law on marital rape, compensation for victims of rape, the age of consent and various other lacunas will create serious repercussions, realising this our political leaders Sushma Swaraj asked for tougher and efficient law in these kind of offences.Not only this, other politicians like Shailendra Kumar and Sharad Yadav remarked that such laws can be misused against men. Seeing such inadequacy SP chief Mulayam Singh Yadav vehemently opposed the anti-rape bill to.

Unfortunately, such inadequacy comes to light when an innocent dies in the hand of cruelty and then our legislature realizes that the time has come to make reformation in laws, the Mathura Rape Case and the death of Damini is prime example of such legislative stunts because of the laziness of our legislature, over the years, the common men has lost his faith in the present legal system. To do away with the problem our legislature need to have a comprehensive look at the law making process. Much has been already said on the present laws, it’s high time that legislature realises it’s responsibility.

REFERENCES:

1. Times of India Kolkata 2013 May 19; 1 (Col. 3)

2. NHRC Order dated April 1, 2002 in Case No. 1150/6/2001-2002

3. Constituent Assembly Debates, Volume XI.

4. (2008) 11 SCC 113

5. “Human Development in South Asia, 2000: the Gender Question,” The Mahbub ul Haq Human Development Centre, Oxford University Press, 2000.

6. Article, 15 and 16, Constitution of India

7. Art. 38, Constitution of India

8. Bhupinder Sharma v State of Himachal Pradesh AIR 2003 SC 4684

9. AIR 1979 SC 185

10. Madan Gopal Kakkad vs Naval Dubey (1992) 3 SCC 204;

11. Wahid Khan v State of Madhya Pradesh (2010) 2 SCC 9;

12. Fateh Chand vs State of Haryana, (2009)15 SCC 543

13. Guddu vs State of Mp, (2007)14 SCC 454, 2006.

14. Ramkripal Shyamlal Charmakar vs State of Madhya Pradesh (2007) 11 SCC 265

15. (1994) 6 SCC 29

16. Ibid

17. (1998) Cr LJ 2428

18. State of Punjab v. Gurmit Singh, AIR 1996 SC 1393

19. Priya Patel v. State of Madhya Pradesh, AIR 2006 SC 2639

20. 1979 AIR 185

21. http://indiankanoon.org/doc/1279834/

22. Oxford English Dictionary, available at http://bit.ly/YN2ZvI accessed on 2 August 2014

23. Lance Rothenberg, Rethinking Privacy: Peeping Toms, Video Voyeurs, and the failure of criminal law to recognize a reasonable expectation of privacy in the public space, American University Law Review, 49, 1127,(1999).

24. http://cis-india.org/internet-governance/blog/the-criminal-law-amendment-bill-2013

25. State of Maharashtra v. Prakash, AIR 1992 SC 1275: 1993 Supp (1) SCC 653

26. State of Himachal Pradesh v. Mango Ram, (2000) 7 SCC 224

27. Jayanti Rani Panda v. State of West Bengal, 1984 Cr LJ 1535

28. AIR 2004 SC 3566

Received on 07.09.2018 Modified on 20.11.2018

Int. J. Rev. and Res. Social Sci. 2019; 7(2):298-304.

DOI: 10.5958/2454-2687.2019.00018.2