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January 1302

“Rape is a national shame"

The death of Delhi’s gangrape victim has jolted the conscience of every Indian. The spurt in the number of rape could be attributed to bad governance, lack of fear of law and growing insensitivity of police personnel . The penalty for rape as provided in IPC, does not match the culpability of outraging a woman’s modesty.The public outcry for capital punishment in rape cases merits consideration of law makers as this alone could instill fear in criminal minds.The offence of rape must be made cognizable and non-bailable. The suggestion for ‘chemical castration’ cannot provide deterrence due to its reversibility.This could apply on offenders who are on parole.

The Presidential power for commuting death sentences into life imprisonment, merits to be reviewed through legislative intervention. The exercise of such power, being arbitrary and discretionary, merely encourages political interferences. Views of sociologists and psychologists must be considered along with police experience. While enhancing penalty, it must be ensured that there is no scope for misuse by women on the analogy of Sec 498 (A) IPC in dowry cases.

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