As post-Nirbhaya law fails to guarantee safety to women, Section 376D of IPC ought to be amended, says two-judge bench
NEW DELHI — The Karnataka High Court on Friday recommended amendment to Section 376D of Indian Penal Code to provide capital punishment for the offence of ‘gang rape’, reports Live Law.
The recommendation was made by a division bench of Justice B Veerappa and Justice K Natrajan while upholding the life sentence imposed on seven accused of gang-raping a student of National Law School of India University in 2012.
The bench appealed that time has come for increasing gender sensitivity to curb the offences of rape.
The judges noted: “We hope and trust that the increasing gender sensitivity is crucial to enhance women’s safety. The safety of women is not a guarantee despite the stringent amended law is placed after Nirbhaya’s case. It is high time for the Home Department, State Legal Services Authorities, Woman Organisations, and Prints and Electronic Media to start conducting awareness programmes for the general public.”
The recommendation has come at a time when the entire nation was feeling outraged at the Hathras incident in UP where a 19-year-old Dalit woman was gang-raped allegedly by four upper caste men. The local administration as well as the state government initially tried to hush up the case but in the wake of public outrage and cognizance of the Allahabad
High Court were forced to take some action and arrest the alleged culprits.
Hathras was not an isolated incident. A number of rape and gang rape incidents have taken place in Uttar Pradesh being ruled by BJP’s Yogi Adityanath. Of total 32,033 cases of rape reported in India in 2019, Uttar Pradesh alone accounted for about ten percent of the cases.