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Monday, December 24, 2012

Delhi Gang-rape: IPC 376 (2) (g) requires redrafting


This blog is about the IPC 376 (2) (g) which is associated to gang-rape.



In the past 65 years our government has not redrafted laws. The laws which India is following are the ones which have been created by the British. Just read the section 376 which is to deal with the crime of rape. This has come to light after Delhi gang rape.

Question for you! (courtesy: artist)

Section 376(2)(g) in The Indian Penal Code, 1860
(g) commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years. Explanation 1.- Where a women' s is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub- section. Explanation 2.-" women' s or children' s institution" means an institution, whether called and orphanage or a home for neglected women or children or a widows' home or by any other name, which is established and maintained for the reception and care of women or children. Explanation 3.-" hospital" means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation.
(This section of IPC was amended by the Act 43 of 1983 section 3 w.e.f 25-12-1983)

In this section there is no provision for serious punishment. Public is demanding that the law should be changed. Capital Punishment should be pronounced to the culprit.

When we talk about capital punishment some people argue that in a civilized society this kind of punishment is not permissible. Here the question arises that a civilized society allows rape on a female which is on increase on daily basis.

This government is promising that fast track courts will be made for the trial of rape cases. Within two days from the filing of the charge sheet the case will be on for day to day basis hearing. But what if the case is not filed?

Still the government is playing games with the sentiments of the common India and for the politicians of our country modesty of female is not important. A country where Goddesses are to be worshiped more than the Gods the females are just not safe!

On filing of the case this is what happens:
Lok Sabha Debates
SPECIAL MENTION: Regarding A Case Of Gang-Rape At Dhantalla, Nadia In ... on 12 March, 2003
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Title: Regarding a case of gang-rape at Dhantalla, Nadia in West Bengal on 5 February, 2003.
KUMARI MAMATA BANERJEE (CALCUTTA SOUTH): Sir, I want to raise a very important matter. … (Interruptions)
MR. DEPUTY-SPEAKER: Nothing will go on record.
(Interruptions) *
MR. DEPUTY-SPEAKER: You have every right. In whatever form you want, you can bring it. Now, Kumari Mamata Banerjee will speak.
… (Interruptions)
MR. DEPUTY-SPEAKER: That is over now.
Nothing will go on record except what Kumari Mamata Banerjee speaks.
(Interruptions)*
MR. DEPUTY-SPEAKER: Nothing will go on record except what Kumari Mamata Banerjee speaks.
(Interruptions)*
MR. DEPUTY-SPEAKER: Nothing will go on record except what Kumari Mamata Banerjee says.
(Interruptions) *
KUMARI MAMATA BANERJEE : Sir, I want to raise a very unfortunate matter in this House. On the 5th of February, in Dhantalla of Nadia District, a marriage party of women was attacked and gang-raped. … (Interruptions) We went to the spot and met the victims. We were told that till 18 days after the incident, police were not prepared to lodge the FIR. … (Interruptions) Medical tests were not conducted till 72 hours after the incident. A person who came forward to recognise the perpetrators of the crime was murdered. … (Interruptions)


How will the government solve these problems which are now deep rooted in our society?

People of India wake-up and don't let the few rules over us as per their sweet will.

3 comments:

  1. nice post. I'm learning a lot from your articles.
    Thanks for guiding me.

    ReplyDelete
  2. Perpetrators may get away with this crime in this world but they will not be able to get away from the punishment up there, for the witness is also the judge on the day of Judgement.

    ReplyDelete
  3. The perpetrators think they can get away with everything,they tend to forget that if not in this world they will surely be punished in the hereafter; just because someone didn't get justice in this world doesn't mean they can't get justice at all....

    ReplyDelete