Delhi Supreme Court just provided rapists with a great choice; one that lets them continue raping women and walk off scot-free. Wow! And I am not being sarcastic here.
In an anarchical – for want of a better word – ruling in a case where 49-year-old Achey Lal had forced sex with a 65-year-old woman (who was later found dead along with an intoxicated Lal), the accused has been let off based on the grounds that even if the intercourse “has been forceful, it was not forcible”.
Here’s what the judgement said: “As regards the offence punishable under Section 376 IPC, the deceased was aged around 65-70 years, thus the age of menopause. We find force in the contention of the learned counsel for the appellant that even if the sexual intercourse was forceful it was not forcible.”
So what is the basic of this judgement? Honestly nothing! Since when did ‘age’ replace the word ‘consent’ when it comes to rape? Even if an 80-year-old woman gets raped she should have a right to see the accused punished. Given a chance I would want to sit down with the judges and ask them what made them decide that a menopausal woman is the best victim for rape as the rapist can then walk off scot-free. Is this really 2014?
The rape Bible in India works on strange conditions indeed. Barely a week earlier the Union Government informed the Bombay High Court that if unmarried mothers wanted a passport for their child will have to specifically mention if the child was conceived during rape. Because honestly how else can an unwed women get a child?!
I am assuming that the rape laws in most countries would cater to punishing the rapist and ensuring that the victim gets to move on with her life. However in India we work on a different spectrum. Our rape ‘laws’ barely focus on the punishments; rather it draws out a moral code of conduct for the victims. Marry the rapist and settle the matter is a suggestion almost all rape victims will assure you of hearing and that too from the policemen themselves.
We as a society have a habit of victimising the victim, calling her all sorts of names, declaring her unfit for marriage and even blaming her for inciting men to rape her. What these judgements do is add fuel to fire. They give people a legal stamp of sorts to continue harassing the victims of rape because the law itself is filled with such a wide frame of loopholes and insaneness.
What amazes me is that on one hand we proudly proclaim our country’s “progress” in terms of better infrastructure, global standing and of course the recent space in Mars, but back home we have judges who can shamelessly pass these regressive laws and not be questioned. I am sure rapists across India are now rejoicing and menopausal women are ensuring that they are back home before 7pm, else ‘it will be their fault’!
Image Courtesy: BCCL
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