Observing that though Indian Penal Code was enacted by Act of 1860, and even after lapse of 74 years of Independence still woman is not safe in the hands of rapists/violators of law, the Karnataka HC has recommended amendment to sec 376D of IPC to provide capital punishment for the offence of gangrape.
The bench made the recommendation in their judgement while upholding the life sentence imposed on seven accused of gang-raping the student of National Law School of India University in 2012.
The bench observed that they recommend to the legislature to further amend the provisions of section 376D of IPC- Gang Rape into capital punishment in addition to the existing provision for imprisonment of life with fine on par with the provisions of section 376AB and 376DB of IPC keeping in view of definition of ‘woman’ under section 10 of IPC in order to curb menace of gang rape in the society at large.
The bench has appealed that time has come for increasing gender sensitivity to curb the offences of rape. It has also suggested that sensitization of the public on gender justice through TV, and press should be welcomed. “banners and placards in the public transport vehicles like autos, taxis and buses, etc. must be ensured. Use of streetlights, illuminated bus-stops and extra police patrol during odd hours must be ensured.
Taking into account that there are more than seven lakhs working women in Bangalore as their strength in India alone is 20% as per the information from the World Bank, the bench said in the wake of this incident, there ahs been public furore over the safety and security of womenfolk.
As per the prosecution case a crucial piece of evidence against the accused was the handkerchief found on the spot of the incident, which had seminal stains of the accused and the victim were found on it.
Accepting the victim’s testimony and holding it to be wholly reliable and genuine the bench said that she ha boldly lodged the complainant at 1:30 a.m. in order to protect ‘Dharma’. Her ‘tolerance’ and ‘courage’ to proceed against the accused in accordance with law has to be appreciated.