Rape: A Societal Curse

By Sangita Barman

INTRODUCTION

Rape is societal curse. India is a still behind in terms of women’s safety. In our country, a man rapes an eight-month-old baby and also a 100-years-old woman. Such people actually turned into humanoid animals. Here society decides that how the girls dress up them but this society does not decide how men will control their demonic behavior towards the girls. Ac-cording to government data, nearly four women are raped in every an hour in our country. But there are many more people outside of this report who are getting sexually harassed in everyday.

It is shows in public data that most of the rapes are often perpetrated by known persons of the victim, including their relatives, neighbor and family also. The report found that most of the victims had a stigma that would discredit them through the investigation; even then the so called society raises various questions on the victim about their behavior and dresses.

SPEEDY TRIAL- A CONSTITUTIONAL MANDATE

· Protection of life and personal liberty:

Article 21 of Indian Constitution states that no person shall be deprived of his life or personal liberty except according to procedure established by law. Article 21 is a very broad article as it includes right to life and a person has all the rights to enjoy their life what they want to do they can do so. In this case SC held that travel to abroad be his right to personal liberty and government cannot deny passport. In Maneka Gandhi vs. Union of India, in this case SC overruled the Gopalan’s case, and applied American Doctrine and said that procedure mentioned in Article 21 must be just, fair and reasonable.

· Right to Fair Trial:

Justice should be meant only when it is done fair without any par-tiality and bias with anyone. If it is not fair then it reduces the quality of judicial system and people lose their faith in judiciary and they suffer a lot and there is injustice with the innocent. There should be right to free trial and it is given in Article 21.

· Right to Speedy Trial:

In India delay in the disposal of cases is a major drawback in the judicial system. Justice that comes too late has no meaning to a person for whom it is meant. There is no specific right is given as right to speedy trial as a fundamental right but there is an essence of this right to improve the quality of criminal reforms. There is also no maximum time period for disposition of any case. The case can be in processing for ten years, or more than that also; this is not providing justice to a person who is under trial. Delay in justice and a long time for trials will also affect a person physically, emotionally and mentally and financially. But the SC do a broad interpretation of Article 21 and state that right to speedy trial is a fundamental right as implicit in Article 21. There should be a right to speedy trial and it must be just, fair and reasonable and there should be a fair trial. There is a need of speedy trial as a person who is innocent is under trial for 10 years and prove innocent after that, then it is not providing justice to him, society al-ready see him as a criminal and it also violate his right to life. For the smooth working of judicial system and for improving the quality of criminal reforms, there should be a right to speedy trial.

CONCLUSION AND SUGGESTION

No one has a right to violate the fundamental right of human being which is given by Constitution of India. The state is guardian of fundamental rights of all the citizens which ensure right to speedy trial and to avoid the long delays in trial of criminal cases. If there is delay in trial it means there is denial of justice. Speedy Trial is an urgent need of criminal reforms as there are many cases pending in the courts, pendency of large number of under trials. There should be a fair speedy trial. There should be a limitation time period for disposal of cases. For all the criminal offences there should be a time specified. There should be a fair speedy trial; it will also give a good message to the society.

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