“The judiciary cannot be expected to be a mute spectator in the entire scenario when neither a young girl child of two years or a woman of 70 years feel safe in this country. We cannot shut our eyes to the cases reported day-in and day-out about such young girls and women being raped and victimized. “
In its judgment confirming the death penalty awarded to a man convicted for rape and murder of a 23-year-old techie, the Bombay High Court emphasized on assuring safety and security to the womenfolk in the country.
“The recent developments in the few years have given rise to a feeling of uncertainty and fear in the mind of woman folk in this country where women are worshipped in form of goddess. The women in this country may not demand they be worshipped in the modern days scenario but they would surely expect to breathe freely and feel safe and comfortable in and outside their houses. Women in this country after a long journey are lead on the path of empowerment and it is the bounden duty of the State to empower them by assuring their safety and security,” Justice Bharati H Dangre, who penned the judgment, said.
Taking note of the Criminal Amendment Act 2013, the bench observed that duty is cast on the judiciary to do justice according to law, by imposing an appropriate sentence which is proportionate to the crime.
The bench, also comprising of Justice Ranjit V More, said: “When a woman in the society is raped, it is not only she who is subjected to rape, but it is the tendency that is reflected to overpower, to violate and to crash the dignity of the entire woman creed in the society. In light of the various incidents of rape which have been reported and taken cognizance of, the unequivocal feeling generated from the lawmakers, the law implementers and the law protectors is that the tendency of the rapists should be given serious attention, before we lose our female population to a group of persons who are lost of any sympathy. The hands of all the above, either in form of law makers or law implementers are duty bound to expunge the said crime from our society and this can happen only when we deal with such a perpetrator of crime in most deterrent manner. The ultimate aim of sentencing is not only to punish the wrongdoer but also to create a deterrent effect on others being indulging into such an act. When the legislators have made stiffer laws, none the less, it is the duty of the judiciary to enforce them.”
The bench added that the courts are expected to administer the criminal judicial system so as to provide an effective and meaningful life to a girl child and the women in this country. “We also cannot be unmindful of the fact that when we talk of the right of the accused, it is equally important for us to take into consideration the expectation of the family of the victim. Crime against women which are on the rise need to be tackled on all fronts in a manner which should respond to the Society's cry for justice against such criminals,” the bench said.