Topic- Ineffectiveness of Sexual Laws In India vis a vis Human Rights

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Nowadays sexual offences have become a common parlance in India. Every single day as we wake up, our eyes get glued to some horrifying and gruesome crimes news against women especially rape. Rape is not only a crime or violence but also a life-threatening act in which there is an eminent fear of humiliation and losing self-respect. The assault is not only on women but also to her family and community. The people who commit such crimes are generally psychologically sadistic and they always have a tendency of committing such a crime very often.

 In India there is a long time debate over the amendment of rape laws especially after the infamous Nirbhaya Case. Even though there is some new laws that have been incorporated in different statutes but still the situation haven’t changed yet. Day by day the sexual offences are increasing at a very alarming rate and many a times the criminals get an edge as because even today there are plenty number of cases which go unreported due to societal pressure.

Sexual crime is not only a problem of India but it is matter of concern all over the globe and specially in developing and under developed countries. Rape and other sexual offences do not spare any culture, group, caste or any religion. It is more among adolescents and young children.

Even after considerable amount of changes by the legislature regarding sexual laws, why the amount of sexual offences are increasing day by day and why is it so that the victims still face stigma of the society and the so called system.

In today’s world and especially in our country in India, the safety of Indian women is the matter of concern. Our country is ironically known for worshiping women as deities but it is painful to hear stories; when at times, even the same women were asked to parade naked in crowded court for recreation (in epic of Mahabharat). Even though we have given a maternal status to our revered land and call it matribhumi, but it is shameful to say that our matribhumi is unable to protect its own child.[1] The recent display of cruelty on women in Nirbhaya Case[2]or in the Hyderabad case itself explicit injustice done to our women whether living in cities, metros, villages or in town.  The Indian women are not safe at all. They are exposed and unprotected for their sake of femininity everywhere and by everyone.

The Indian women have been dominated since the Aryan lineage. The Aryans were so dominating that it was said, the women got enslaved to the patriarchal lineage for her security and for salvation the mother needed a son, who could provide her Moksha or salvation. It was believed that even her own good deeds were not sufficient enough to free herself form the bondage of life.

It was truly said by Manu, that she from the time of her birth was depended upon her father, brother and after marriage, husband.[3]

 


[1] RatanLal Ranchoddas and Dhirajlal Keshavlal Thakore, The Law of Crimes 24 (Gale, Making of Modern Law, 1st edn., 2013).

[2] Pawan Kumar Gupta v. State of NCT of Delhi (2020) SC 340.

[3]MamtaMehrotra, Crimes against women in India 28 (Ocean Books Pvt. Ltd, New Delhi, 1st edn., 2014).

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