Strict Laws or Better Implementation of Laws

On the horrifying night of 12 December 2012 in Delhi when six men brutally raped a twenty-three-year-old girl in a moving bus (Hereinafter as Nirbhaya incident). The entire nation came together and demanded the most severe punishment for the perpetrators. This demand was deeper and unanimous for the juvenile who was said to be the most brutal with the victim. The demand was there to treat him as an adult. Inspired by the aforementioned event and owing to public recalcitrance, stringent laws were introduced in the country for rape in the form of Juvenile Justice (Care and Protection of Children) (amendment) Act, 2015 and anti- rape laws. Recently, the nation was shocked again when in Hyderabad a girl was not only raped but was also burnt alive by the accused. A few days after this incident a rape victim burnt alive by the accused in Uttar Pradesh. These incidents raise the question on Indian law System and encounter of the accused in the Hyderabad incident by the police declared an appropriate action by the people.

Need For Strict Laws with Better Implementation

Highlighting the recent violence cases against women, the article aims to focus on the need of strict law with better implementation. It highlights the IMAGES (International Men and gender equality survey) 2011 report, Lon L. Fuller’s morality principle, Law-makers corruption issues, consideration of clashing certain laws after a fixed period, misuse of laws by women, criminal mindset regarding victim and lastly, does implementation of law provides justice. It then aims to decipher and solve the problem by various legal methods, specifically focusing on fast-track courts. The article also aims to emphasize on amendment in legal system, as laws made in 18th century are not made keeping in mind the 21st century.

Are Strict Laws the Need of the Hour or Is Better Implementation of Existing Laws Enough

Crimes against women have been on a rise. In 2012 the Nirbhaya Rape Case shocked the collective conscience of the entire nation and yet the convicts haven’t been taken to the gallows on account of the legal recourses still available to them. And in 2019 yet again the Hyderabad Rape Case followed by the Unnao case of setting the rape victim on fire has generated furore over the need to improve the current position with respect to the crimes against women. Many think that strict laws for crimes against women can act as a deterrent whereas some feel that the effective implementation of the current laws can ameliorate the situation. This article exclusively deals with the question that whether strict laws are the need of the hour or better implementation of the existing laws is enough.

Rape Laws and Amendment

Rape is the term which is very horrible only by its name. The term rape per se portrays a barbaric image in the mind of common peoples. Rape is a very serious and controversial topic in our country for a long time. This not just an offense that can satisfy the victim of that offense emotionally by pronouncing the appropriate judgment in his favor or by awarding proper punishment to the offender; for example, Murder is considered as gravest crime under IPC,1860. if someone intentionally caused death of someone, then justice can be delivered by awarding punishment according to sec 302 of IPC and quantum of punishment is not in controversy also, but in the case of Rape; it is emotionally graver then murder, if any male rapes a female, suppose court awarded him death sentence (imagine) but the question is that “will it enough for that women whose dignity is devastated by the act of the offender?” surely not because rape takes the dignity of a women without her consent and she need to survive in society with that taint, which takes her to more painful situation, it affects her future in very negative manner.

The Conundrum of Choice Strict Laws or Better Implementation in Context of Recent Amendments

Taking the discussion forward we realize that it is not just the good intention nor the rolling out of the beneficial legislation and amendments but the actual implementation of them is what really matters in the end. In case the implementation of the amended provisions is made impossible due to one reason or the other then the whole exercise proves to be futile and the prospective benefits which could have been accrued die a premature death. The fact that hurts the most is that even though laws are in place to tackle the cases relating to child sexual abuse and other matters, the incidents don’t appear to be declining as each day the newspapers are full of news reports relating to the commission of such offences and crimes. This also highlights the lack of awareness and poor implementation of various legislations. After going through various issues and arrangements we conclude that though there exist various legislations to address the plethora of issues in the country but the actual implementation on the ground is poor and not as per the required standards to tackle the issues effectively. At best, the laws are being amended as per the requirements of the society, however, they tend to merely stay on the papers and the benefits of the amendments are not doled out to the beneficiaries. Therefore, we can conclude that it is not a matter of choice but a matter of compulsion that introduction of stricter laws as well as the better implementation of laws has to go hand in hand, instead of valuing one over the other.

The Dire Call for Better Implementation

Ultimately, this problem is too multifaceted and deeply rooted to hack away in one stroke. Rather, the best approach would be to focus on better implementation of the laws that operate in this realm with a concerted effort cutting across strata to bring the criminals face to face with the consequences of their heinous acts. This should be accompanied by seeking out means and methods to ensure quick disposal of cases in order to ensure that the adage ‘justice delayed is justice denied’ does not come true, at least not here, where the law is the only flicker of hope. Long gone are the days where a woman was akin to a goddess. Today her entire being is violated by predator like men who see nothing but a mass of flesh. It is up to us, as a society, as the ones crusading for justice to bring out a change and ensure that her cries do not fade away or get smothered by forces operating to choke the law.