'Rape A Crime Against Entire Society': Karnataka HC Recommends Death Penalty For Gang-Rape

Observing that "though Indian Penal Code was enacted by Act 45 of 1860, and even after lapse of 74 years of independence, still woman is not safe in the hands of rapists/violators of law," the Karnataka High Court has recommended amendment to Section 376D of Indian Penal Code to provide capital punishment for the offence of 'gangrape'.A division bench of Justice B Veerappa and Justice K Natrajan made the recommendation in their judgment while upholding the life sentence imposed on seven accused of gang-raping a student of National Law School of India University in 2012. The bench said :"We hereby recommend the Legislature/Central Government to further amend the provisions of Section 376D of Indian Penal Code – Gang rape into capital punishment in addition to the existing provision for imprisonment of life and with fine on par with the provisions of Section 376AB and 376DB of Indian Penal Code keeping in view of definition of 'Woman' under Section 10 of Indian Penal Code in order to curb the menace of 'gang rape' in the society at large." The bench has appealed that time has come for increasing gender sensitivity to curb the offences of rape. It noted "We hope and trust that the increasing gender sensitivity is crucial to enhance women's safety. The safety of women is not a guarantee despite the stringent amended law is placed after Nirbhaya's case. It is high time for the Home Department, State Legal Services Authorities, Woman Organisations, and Prints and Electronic Media to start conducting awareness programmes for the general public." The court further suggested: "A child should be taught to respect women in the society in the same way as he is taught to respect men. Gender equality should be made a part of the school curriculum. The school teachers and parents should be trained, not only to conduct regular personality-building and skill enhancing exercise, but also to keep a watch on the actual behavioural pattern of the children so as to make them gender sensitised. The educational institutions, government institutions, the employers and all concerned must take steps to create awareness with regard to gender sensitisation and to respect women." It has also suggested that sensitization of the public on gender justice through TV, and press should be welcomed. "Banners and placards in the public transport vehicles like autos, taxis and buses, etc. must be ensured. Use of streetlights, illuminated bus-stops and extra police patrol during odd hours must be ensured", the bench said. Police/Security guards must be posted at dark and lonely places like parks, streets, etc. CCTV cameras have to be installed in important places. Mobile apps for immediate assistance of women should be introduced and effectively maintained. Apart from effective implementation of the various legislation protecting women, change in the the mindset of the society at large and creating awareness in the public on gender justice, would go a long way to combat violence against women. Prosecution Case: On 13.10.2012 at about 9.15 p.m., near a road which is situated between Bangalore University Main Building and National Law School of India University, when the victim girl and her friend were talking to each other in a parked car belonging, all of a sudden, all the accused persons--Ramu, Shivanna, Maddura, Eleyaiah, Eeraiah, Raja, and Dodda Eeraiah, surrounded the said car holding deadly weapons like iron rods, see-saws, long knives, draggers and rope in their hands. They forcibly opened the left front door of the car and dragged the victim girl into the forest area and forcibly committed gang rape.They were sentenced to life imprisonment by the trial court under Sections 427, 366, 323. 324. 397, 376(2)(g) r/w 149 of IPC. Upholding the trial court sentence after minutely examining the evidence against the accused, the HC said "The accused persons have acted like deadly beasts in the forest. It was, as if the wild animals were hunting their helpless prey like a rabbit for satiating their sex hunger. In the present case, these accused persons have hunted victim girl in order to satisfy their desire of lust and have gang raped simultaneously one after another and some of them twice and thrice, which is barbaric against a human being, who are worse than cruel animals, and cannot be tolerated." Taking into account that there are more than seven lakhs working women in Bangalore as their strength in India alone is 20% as per the information from the World Bank, the bench said "In the wake of this incident, there has been public furore over the safety and security of womenfolk. The incident that occurred in the vicinity of the National Law School of India University in the forest area is an incident that all human beings have to bow their heads. It is a solitary incident of ghastly crime, which has raised a question mark on the safety of all." As per the...

'Rape A Crime Against Entire Society': Karnataka HC Recommends Death Penalty For Gang-Rape

Mustafa Plumber

Tags