Posted on: September 11, 2020 Posted by: ARCHANA PANDEY Comments: 0
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Bench: A Bhushan, R.Banumathi, D Misra

Citation: (2018) 8 SCC 149

Introduction

This is a case of gang rape in Delhi that let down very effective rules and regulations regarding the handling of all the rape cases as considering it as a crime just like all other crimes happen in India. It is the heaviest crime because it disturbs the legitimacy of the women and creates so many difficulties for her to live her life with dignity e and bride. It is not only e disturb the physical structure of the women of physical health of the women but also the mental health of the women because now she has to face the society with that incident.

Facts

It is a story of a girl who lives in Dwarka Delhi. 16 December she was planted to go outside her home with a friend and at night when she is going to return to home her friend says that pick a rickshaw and go home. Then a bus came to her and asks for where she wants to go. She said and bust. About an hour she is inside the bus and the bus was rolling all over the city. But inside of the bus, the brutal crime was going on the four men is brutally raped her injured was so much that too she is not able to live and then throw her on a road. After this, all the proceedings of the sports was born and on 28 December of 2012, she had her last breath. All the proceedings were gone through the court. Among the four accused there was one Juvenile who got his bail after 3 years in prison. The whole case was going on till seven years in different courts of India with the help of Indian citizens to get justice. One of the convicts died in the custody of police on 11 March 2013.

Justice J.S Verma Committee Recommendations

In 2012 there was a three-member committee formed which was headed by Justice JS Verma to find the recommendations and some of them in the criminal law just to provide a speedy’ trial for the crimes like sexual assault.

On 23rd of January 2013, the committee was pronounced with all the recommendations related to sexual assault trafficking child sexual abuse medical examination of victim education reforms to change the parameters and standard of India.

  • Rape: It was recommended that the Indian penal code has to reform the meaning and nature of crimes like rape. Under IPC rape has been divided into two parts that are within marriage and outside marriage. Outside marriage is punishable under section 375 of IPC but these except exception in rape inside the marriage. The society doesn’t consider it as a crime because it is a male-dominated countries show the woman has to suffer all the evil that was done on her.
  • Sexual assaults: It can be defined as a use of physical force to disturb the outrage the modesty of a woman full stop with the same is punishable under section 354 of the IPC with two years imprisonment. The nature of a particular offence will be determined by the terms and conditions in that particular case.
  • Verbal sexual assault: If a person molested a woman by using wrong words then he will be punishable under section 509 of IPC with one year of imprisonment or fine or both.
  • Sexual harassment: With regards to this crime the committee has passed the bill has made of women at workplace prevention prohibition and redressed bill and now it is formed as an act which is known as POSH Act. There are so many provisions have made regarding the sexual assault at the workplace to safeguard the women security and her reputation in society.
  • Acid attacks: By seeing so many acid attacks in the society the committee has also formed the rules and regulations and recommendations regarding acid attacks. The person who has committed this grievous hurt to another person will be punishable with 7 years of imprisonment under the IPC.
  • Trafficking: It can be described as a movement of women and children from one place to another 2 meters the wrong full intentions like forced labour sexual crimes, etc. was also said that there should be criminalization of the person who has committed trafficking. Juvenile and women protective home should be made so that it should be governed by the high courts and there is a proper formation of that person can be done.
  • Child sexual Abuse: At the early childhood there has no knowledge what is happening to them and the person have wrongful intention get it is a chance and do whatever you want to do with that child I will disturb her whole life. In Juvenile justice act, 2000 the terms like harm in health including mental and physical is also included.

Judgment

The verdict of the Court proves the accused killed for the crime and three days later was sentenced to death by hanging. The judgment was upheld by the High Court on 13th of March 2014 and found them guilty for the same on 18 December 2019 the Supreme Court of India has also suspended all the petitions by the accused side. Finally, after 7 years on the 29th of March 2020, all four adult convicts were hanged. Now with the parents of Maria and the whole Nation has got the victory and it creates a landmark history in the concept of now the strict actions and spirit trials is also there to resolve these issues and strict rules and regulation was imposed in the society to curb this heinous crime. No person will be afraid of law and order before committing such a heinous crime and we also have to teach our children to respect women from the childhood so that these crimes can be reduced from the society and we can get actual freedom.

References

http://indiankanoon.org

http://www.casemine.com

http://www.scconline.com

http://onelawstreet.com

ARCHANA PANDEY
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BA LLB  2nd Year Student at JAMNALAL BAJAJ SCHOOL OF LEGAL STUDIES BANASTHALI VIDYAPITH RAJASTHAN

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