An Analysis of the Problems in Procedural Implementation regarding the Criminal Offence of Rape in India

  • Shivangi Basu and Lakshna Bhagat
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  • Shivangi Basu

    Student at Lady Shri Ram College for Women, University of Delhi

  • Lakshna Bhagat

    Student at Lady Shri Ram College for Women, University of Delhi

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Abstract

Atrocities against women present a challenge to society, law enforcement and public affairs. The recurrence of such crimes indicates their deep-rooted nature in structures of patriarchy prevalent in India which continues to perpetuate and normalize gender violence. This paper examines the criminal offence of rape in India with primary focus on the lacunas existent in the laws against rape and its implementation. The introductory segment of the paper presents a detailed understanding of the legal provisions against rape, specifically Section 375 of the Indian Penal Code. It explores the ways in which the legal provisions of rape have displayed inefficiencies and lags. This is essential as knowledge of legal insufficiencies is a precursor to address the central aim of the paper i.e. highlighting the deficits in implementation of legal provisions against rape and conceptualizing solutions. The main aim of the paper is to sketch an analytical critique of the Indian criminal justice system and its incapability to secure redressal to the victims of rape. The paper elucidates the gaps between normative legal provisions and the social reality of the execution and implementation of counter-rape laws. It studies the reason for the existence of various defects and procedural infirmities in the working of the criminal procedure system which causes a delay and even denial in the process of securing of justice to sexual abuse victims and punishing offenders. The paper concludes on a futuristic note emphasizing the need for reforms and measures to make criminal justice institutions more adept at addressing offences of rape. It stresses the need to institute adequate checks within criminal justice institutions and ensure adherence to legal procedures in order to counter rape in India. Changes and evolutions in society have necessitated a reconceptualization of provisions to counter rape in order to make it more inclusive, relevant and effective in securing justice for rape victims.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 794 - 813

DOI: https://doij.org/10.10000/IJLMH.111971

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