Punishing the rapists. Trial should be fast

The Union Government has rightly notified the Criminal Procedure Code (Amendment) Act, 2008, providing for sweeping changes in the criminal justice system. Significantly, the amended law not only gives protection to rape victims but also provides for completing trials in sexual offences within two months. This should be seen in the context of the infamous Ruchika Girhotra molestation case in which the accused, former Director-General of Police S.P.S. Rathore, after 19 years of trial, got away with a minor punishment of six months in jail. Ruchika, unable to see the torture perpetrated on her and her family, committed suicide. The case is now being re-opened following a public outcry and media pressure. Unfortunately, before the enactment of the Act, the rape victims, devoid of the state and statutory protection, were running from pillar to post for justice.
Surprisingly, despite increasing cases of crime against women, the investigating agencies hardly bother to probe them and bring the culprits to book. The latest data from the National Crimes Records Bureau shows how only three out of 10 rape and dowry deaths are probed within the same year. Admittedly, delayed investigation not only frustrates the victim but also provides an opportunity to the accused to use his clout in influencing the investigation as is evident in the Ruchika case.
The Act has several salutary provisions aimed at helping rape victims. With the court’s permission, a rape victim can engage an advocate to help the prosecution. A victim’s statement will have to be recorded at her home or in a place of her choice by a woman police officer in the presence of her parents, guardians, near-relatives or local social workers. Under the new law, statements can also be recorded through audio/video or other electronic means. The law also provides for in camera trial by a woman magistrate and protection of the victim’s identity. The victim can go on appeal against a court order acquitting the accused or convicting him of a lesser offence or awarding inadequate compensation. While all these provisions are well intended, their efficacy and usefulness will depend on the degree of implementation by the law enforcement agencies. Surely, the focus is on strict enforcement of the new legislation. 

Source: The Tribune, Chandigarh, India.

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