Road to Rule of Law: Strict Laws or Better Implementation

Shreya Chandra
Gujarat National Law University, Gandhinagar
Gujarat, India
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Abhiraj Das
Gujarat National Law University, Gandhinagar
Gujarat, India

Volume II – Issue VI, 2019

The Rule of law symbolises the quest for civilised democratic society. It is said that there is a direct relationship between democracy and the rule of law. When Rule of law is not existing in a society, it “produces more violence, less security, and diminished economic capacity.” Rule of law is the foundation of good governance. To ensure the Rule of Law, various laws are enacted to maintain law and order in the state.
After the Nirbhaya incident, the laws covering the offences against women were made stricter. Criminal Law (Amendment) Act, 2013 broadened the definition of rape to cover more than just vaginal penetration. Stalking, voyeurism, acid attacks were also made punishable under the Act. The punishments were made more stringent. The age of consent was increased to 18 years, below which all penetrative sexual acts will now constitute statutory rape which means that even if the consent is obtained from the girl but her age is below 18 years then the consent won’t have any effect whatsoever. Hon’ble Supreme Court has held that just because any female has had intercourse quite a few times previously, it does not in any way affect her right to consent for that particular incident of when the rape is alleged. By a recent amendment, death penalty has also been introduced for the offence.

 

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