There are so many Islamic Nations where death penalty is in place for rapists...hell even for those caught in acts of adultery! Has it worked as a deterrent? NO!
Just look at some of the countries around India (not saying India because India does not have death penalty for rapists)!...Islamic sharia rules are there, rapists and adulterers get stoned to death and yet whats the result? Rape of womenfolk, incest, homosexuality are rampant in these societies...Majority of sex crimes within families stay in closets and don't even come out!
Problem in India is our horrible state of judiciary!
One of my friend's uncle has become old, has been greasing palms of various lawyers and judges since last 12 years and still has not been able to obtain a divorce. His wife lives with her lover in a luxury apartment in Gurgaon and he has been at his wit's end trying to prove his wife lives so well, that she should be paying him maintenance money and not the other way round. Lady says you will pay me maintenance and yet, I won;t give you divorce, because I DON'T WANT ONE & want to rag you for as long as I can! This man has even taken help of detective agencies who have tried to impress judges with dossiers proving the lifestyle and assets of wife...who religiously comes on date of hearing in torn and poor looking clothes! Such are our laws and implementation of them, that it has been dragging on for years he says. Every two months or so they get a hearing date, the woman sends in an application she has a stomach upset...judge gives a date after two months...next time her lawyer would say he needs some more time to examine evidence submitted by this uncle...
Why did I mention this??
Because this is the crux of problem!
Much maligned Delhi, has the highest conviction rate of Rapists and it stands at a pathetic 41%! Average of rest of the states is 26%! Now imagine, in a country where out of 1000 sexual crimes against women may be a 100 get actually reported and of these 30-35% are resulting in conviction?
Contrary to popular belief, most of the rapists are actually not habitual sex offenders but mostly first timers, some lose their minds in group of theirs, some end up raping their relatives...When these cases come up for hearing, Judges see, the guy/s is/are graduates, ended up date raping a call center colleague or their cousin / neighbor etc...lawyers present it as if it was a 'heat of the moment thing', ...judge asks for a surety bond of 50,000 rupees which is peanuts in today's situation and guys are out on parole. Cases drag on for years, and then some 30-35% get a 5-7 year sentence!
Solution is to have fast track courts dedicated to cases of Sexual violence against children and women. These courts should have hearings on a daily basis and should have a brief to come out with judgment in no more than 60 days. If after 60 days, the lower court has held the accused guilty and sentenced them to 10 years imprisonment, the convicted ones obviously would file an appeal in higher court. Entire process should be over on no more than 60+30+30 days, latter being for their two appeals to higher courts!
If within 4 months of a crime, convicts are getting sentenced to 10 years of rigorous imprisonment, and it is swiftly being confirmed by media, that will act as deterrent enough!
No society in world is free of sexual offenses of all kinds. India is a mature democracy with a very just judicial system. Problem is it's courts are corrupt and Black coats (advocates) have mastered the art of delaying and in many cases, preventing justice from being delivered.
Death Penalty should be there in Rarest of the Rare cases...the recent brutal case in which a young girl lost her life at the hands of these 5-6 beasts, surely qualifies under that category! In no more than 4 months, everything should be completed and they should be hanged.
Edited by -Cruiser- - 11 years ago
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