Team  SoOLEGAL

“An Attack on Anybody’s Daughter Is an Attack on Our Daughter”, Karnataka HC Recommend Amendment to Section 376 D, IPC to provide capital punishment for the offence of ‘gang rape’

Team SoOLEGAL 27 Oct 2020 3:10pm

“An Attack on Anybody’s Daughter Is an Attack on Our Daughter”, Karnataka HC Recommend Amendment to Section 376 D, IPC to provide capital punishment for the offence of ‘gang rape’

NEW DELHI —The High Court of Karnataka while upholding the Trial Court’s verdict of imposing life imprisonment to seven accused, convicted for gang-raping a 21-year-old NLSIU’s law student in 2012., The Bench said, “we hereby recommend the Legislature/Central Government to further amend the provisions of Section 376D of Indian Penal Code – Gang rape into capital punishment in addition to the existing provision for imprisonment of life and with fine on par with the provisions of Section 376AB and 376DB of Indian Penal Code keeping in view of definition of ‘Woman’ under Section 10 of Indian Penal Code in order to curb the menace of ‘gang rape’ in the society at large.” 

The safety of women is not a guarantee despite the stringent amended law is imposed after Nirbhaya's case. The Bench stated that it is high time for the home departments, women organizations, state legal service authorities, print, and electronic media to start conducting awareness programs regarding gender sensitivity to curb the offences of rape.

The Bench further suggested that some practical measure can be implemented like installation of Banners and placards on autos, taxis, buses, etc. use of street lights, formulation of illuminated bus stops, extra police patrolling during odd hours, posting of police/security guards at dark places and installation of CCTV cameras at important places. Also, suggested that gender equality should be included in the school curriculum.

While rejecting the plea seeking leniency bench said “These accused persons have hunted victim girl in order to satisfy their desire of lust and have gang raped simultaneously one after another and some of them twice and thrice, which is barbaric against an human being, who are worst than cruel animals, and cannot be tolerated." 

 

It added "Rape is not only an offence against victim girl, but a crime against the entire society'. It is a crime against basic human rights and also violates the most cherished fundamental right guaranteed under Article 21 of the Constitution of India."

The two judges Bench concluded as "We, the Judges are the societal parents. If our concern for the society of girls/ women can be summed up in one sentence that "An attack on anybody's daughter is an attack on our daughter."

 



Tagged: Karnataka HC   Section 376 D   Indian Penal Code   Constitution of India   Article 21  
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