“CRIME AGAINST WOMEN AND PRESENT STATUS OF LAW”

THEME: Criminal Law

SUB-THEME: Women Issues

NAME OF THE AUTHOR: Kanishk Devesh

STREAM AND YEAR: B.A.LL.B. (honors.), Ist year

INSTITUTE: National Law Institute University, Bhopal

NAME OF THE CO-AUTHOR: Neelam Meshram

STREAM AND YEAR: B.A.LL.B. (honors.), Ist year

INSTITUTE: National Law Institute University, Bhopal

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TITLE OF THE PAPER: Legislature For Women: An Analysis.

ABSTRACT1

Since ancient times, women are very vulnerable to crimes.

Efforts have been made to improve the position of women and

thus, reduce the crimes against the women. Despite all such

efforts no such improvement could be recognised in the society

with reference to the daily news. Rabindra Nath Tagore once

said "Oh Lord why you have not given woman the right to conquer her destiny why

does she have to wait head bowed, By the Roadside, waiting with tired patience,

hoping for a miracle in the morrow." This statement clearly shows the

disappointing image of Indian legislature. Present laws and

past events scholarship analyses various crimes against women

in India monolithically. The standard analysis holds that

crimes against women in this recent day are growing day by day

which is unbearable in every possible need. They were

exploited in major point of time in the area of sexuality.

Though there are so many laws present in the statute but this

are kept in Pen & paper. Every day in newspaper we can find

that ―girls are sexually harassed or raped and also cause to1 Kanishk Devesh, Neelam Meshram (National Law Institute University,Bhopal)

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die. Hence the empowerments which are being given by the grace

of democracy or the so called constitutional aspect are in

danger. The beasts of our society do such crimes in a very

rampant way. The recent amendment of the criminal law may be a

stringent one but the statistic says that the quantity of the

crime also cannot be stopped. This paper is divided into three

parts: the first part of this paper deals with what are the

crimes happening against women and the laws related to those

crimes. The second part analyses the present status of such

laws and then the third i.e. the conclusion part derives out

the final conclusion with some suggestions.

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FULL PAPER

COVER PAGE

Kanishk Devesh

National Law Institute University, Bhopal

B.A.LL.B. (Honors.), 1st Year

Kanishkdevesh1@gmail.com; (+91)9425079025

Neelam Meshram

National Law Institute University, Bhopal

B.A.LL.B. (Honors.), 1st Year

neelammeshraam@gmail.com; (+91)7587520686

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INTRODUCTION

CRIMES AGAINST WOMEN AND LAWS RELATED TO THEM

“A society that is unable to respect, protect and nurture its

women and children loses its moral moorings and runs adrift.”2

There are various forms of crimes against women- physical,

public, emotional, mental, etc. Some of these crimes are

committed before their birth, in the adulthood and in other

phrases of life as well. There have been attempts to reduce

such crimes and the first step to be taken is to recognize

those crimes. For their recognition, crimes against women can

be classified under two heads: the crimes recognized by the

Indian Penal Code, 1860 (hereinafter referred to as IPC) and

the crimes recognised by the special laws. The crimes

recognized by the IPC3 include: homicide for dowry (Sec.

302/304-B IPC); acid attacks (Sec. 326 IPC); molestation (Sec.

354 IPC); kidnapping for various purposes like forced

marriage, beggary, prostitution, etc. (Sec. 363-373 IPC); rape

2 The Hindu- Opinion Sept, 15 2012 3 http://www.advocatekhoj.com/library/bareacts/indianpenalcode/index.php?Title=Indian%20Penal%20Code,%201860

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(Sec. 376 IPC); Domestic Violence (Sec. 498-A IPC); Sexual

harassment (Sec. 509 IPC). The crimes recognized by special

laws include: Immoral trafficking [Immoral Trafficking

(prevention) Act, 1956]; Dowry (Dowry Prohibition Act, 1961);

indecency [Indecent Representation of Women (Prohibition) Act,

1986]; sati [Commission of Sati (Prevention) Act, 1987].

As per a report by the Lok Sabha Secretariat4 the crimes

against women amount to more than 8% crimes in proportion to

total IPC crimes. Though we have rights as stated in the

constitution5 under section (s): 14, 15, 16, 39(a)(d), 42, etc.

But they seem to be just for namesake as they are not

effective as such. Reports of crimes against women in India

increased by 26.7 percent to 309,546 in 2013 compared to the

previous year, according to the National Crime Records

Bureau. Most crimes are not reported, largely due to the deep-

rooted conservatism of Indian society, where victims are

scared to come forward for fear of being "shamed" by their

families or communities. 

4 Members’ reference service, reference note, (No.2/RN/Ref./2013)5 Nikhil Joshi, The Constitution of India 1950 (AIR rotary printing press)

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VARIOUS CRIMES AGAINST WOMEN IN INDIA

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RAPE6

Rape in India is the fourth most common crime against women in

India. According to figures released by the National Crime

Records Bureau (NCRB), the total number of rape cases reported

in India has gone up to 33,707 in 2013 from 24,923 in 2012. In

15,556 cases, the rape victims were aged between 18 and 30

years in 2013.

Ninety-two women were raped on an average every day in India

and the national capital with 1,636 cases recorded the highest

number of such crimes among all cities last year. The number

of rape cases in Delhi was followed by 391 cases in Mumbai,

192 cases in Jaipur and 171 cases in Pune in 2013.

As per the NCRB data, Madhya Pradesh at an average records 11

rapes every day, with a total of 4,335 such cases, which is

the highest in 2013 among all other states. Madhya Pradesh is

followed by Rajasthan with 3,285 cases, Maharashtra with 3,063

and Uttar Pradesh with 3,050 rape cases.

The data showed that 13,304 cases were reported in 2013 where

the victim was a minor, which were 9,082 in the previous year.

6 http://indiatoday.intoday.in/story/india-rape-92-women-every-day-4-delhi-statistics/1/380956.html

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The data also unveiled a disturbing fact that in the majority

of the cases, the offenders were known to the victims. NCRB

statistics shows that in 94 per cent of the cases the

offenders were familiar to the accused. These offenders

included parents in 539 cases, neighbours in 10,782 cases,

relatives in 2,315 cases and other known persons in 18,171

such cases reported over the year.

FEMALE INFANTICIDE

Female infanticide is the elected killing of a newborn female

child or the termination of a female foetus through sex-

selective abortion7. In India, there is incentive to have a

son, because it is believed that they offer security to the

family in old age and are able to conduct rituals for deceased

parents and ancestors. In contrast, daughters are considered

to be a social and economic burden.8 An example of such burden

could be is dowry. The fear of not being able to pay an

7 www2.webster.edu/~woolflm/femaleinfanticide.html8 Ahmad, N. (2010). Female feticide in India. Retrievedfrom http://www.ncbi.nlm.nih.gov/pubmed/20879612

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acceptable dowry and becoming socially ostracized can lead to

female infanticide for poorer class.9

DOMESTIC VIOLENCE

Domestic violence and emotional abuse are behaviours used by

one person in a relationship to control the other. Partners

may be married or not married; heterosexual, gay, or lesbian;

living together, separated or dating10. Domestic violence is

abuse by one partner against another in an intimate

relationship such as dating, marriage, cohabitation or a

familial relationship. It is the most common crime in India

against women. It is also known as domestic abuse, spousal

abuse, battering, family violence, dating abuse and intimate

partner violence. It can be physical, emotional, verbal,

economic and sexual abuse. Domestic violence can be subtle,

coercive or violent. In India, 70% of women are victims of

domestic violence.11  As per the National Crime Records Bureau

in 2013 around 120,000 cases of domestic violence were

9 Michelle Oberman (2005). "A Brief History of Infanticide and the Law".In Margaret G. Spinelli. Infanticide Psychosocial and Legal Perspectives onMothers Who Kill (1st ed.). American Psychiatric Publishing. ISBN 1-58562-097-1.10 http://www.domesticviolence.org/definition/11 Chowdhury, Renuka (26 October 2006). "India tackles domestic violence".BBC.

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reported. The Indian government has taken measures to try to

reduce domestic violence through legislation such as

the Protection of Women from Domestic Violence Act 2005.

ACID THROWING

Throwing of acid, also called an acid attack, a vitriol attack

or vitriolise, is a form of violent assault used against women

in India. Acid throwing is the act of throwing acid or an

alternative corrosive substance onto a person's body "with the

intention to disfigure, maim, torture, or kill." Acid attacks

are usually directed at a victim's face which burns the skin

causing damage and often exposing or dissolving bone.

Sulphuric acid and nitric acid are most commonly used for acid

attacks. Acid attacks can lead to permanent scarring,

blindness, as well as social, psychological and economic

difficulties. Indian legislature has now regulated the sale of

acid. Compared to women throughout the world, women in India

are at a higher risk of being victims of acid attacks. 

DOWRY DEATHS

A dowry death is a murder or suicide of a married woman caused

by a dispute over her dowry. In some cases, husband and in-

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laws do attempt to extort a greater dowry through continuous

harassment and torture which sometimes results in the wife

committing suicide. The majority of these suicides are done

through hanging, poisoning or self-immolation. When a dowry

death is done by setting the woman on fire, it is called bride

burning. Bride burning murder is often set up to appear to be

a suicide or accident. Dowry is illegal in India, but it is

still common practice to give expensive gifts to the groom and

his relatives at weddings which are hosted by the family of

the bride. Women are not always the only primary victims of

dowry deaths. In some cases children are also killed alongside

their mothers.

HONOUR KILLINGS

An honour killing is a murder of a family member who has been

considered to have brought dishonour and shame upon the

family. Examples of reasons for honour killings include the

refusal to enter an arranged marriage, committing adultery,

choosing a partner that the family disapproves of, and

becoming a victim of rape. Honour killings are rooted to

tradition and cannot be justified by any major world religion,

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because none of the major world religions condone honour-

related crimes. The most prominent areas where honour killings

occur in India are northern regions. Honour killings are

especially seen in Punjab, Haryana, Bihar, Uttar

Pradesh, Rajasthan, Jharkhand, Himachal Pradesh, and Madhya

Pradesh.

KIDNAPPING FOR VARIOUS PURPOSES

Children, especially girls, are taken away from lawful

guardianship without the consent of such guardian12 from

various places in India and it has been seen that they are

“used”. They are bought and sold (human trafficking); they are

forced into beggary, prostitution, etc. they are molested,

harassed, raped and even killed for their own purposes. This

has emerged as one of the most heinous c rimes and also among

the most prevalent ones.

INSULT TO MODESTY

Insult to modesty is very commonly seen in public places like

offices, colleges and marketplaces as well. It includes, eve

teasing, uttering of words, making sounds and gestures,

12 Sec. 361 Indian Penal Code (Act. 45 of 1860)Page | 13

molestation, etc. to intrude upon the woman’s privacy.

Molestation is the crime of sexual acts with children up to

the age of 18, including touching of private parts, exposure

of genitalia, taking of pornographic pictures, rape,

inducement of sexual acts with the molester or with other

children and variations of these acts by pedophiles.13

POSITIVE ACTIONS TAKEN BY GOVERNMENT FOR THE SAFETY OF WOMEN

SPECIAL POLICE UNITS TO PROBE CRIMES AGAINST WOMEN14:

Home ministry has proposed setting up 150 special police teams

across the country to probe crimes against women and ensure

victims get justice, the government said. 

The Investigative Units on Crimes against Women (IUCAW) would

be deployed in India's 29 states with the aim of strengthening

the criminal justice system by conducting thorough probes,

leading to stronger prosecutions and higher convictions. 

13 http://www.advocatekhoj.com/library/glossary/m.php14 http://economictimes.indiatimes.com/news/politics-and-nation/home-ministry-proposes-special-police-unitsto-probe-crimes-against-women/articleshow/45777037.cms

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"The objective of these units will be to investigate cases

referred to them (and) augment the investigative machinery of

the states in relation to the heinous crimes against women,

especially rape, dowry deaths, acid attacks and human

trafficking," said the Home Minister. 

The units' responsibilities would include policing,

intelligence gathering, tackling organised crime, monitoring

implementation of laws, spreading awareness and promoting

public participation in checking crimes against women. 

RECENT AMENDMENTS IN LAWS PERTAINING TO CRIMES AGAINST WOMEN

Crimes and violence against women were being perpetuated right

from time immemorial. Female feticides, Sati pratha, child

marriage, dowry, social boycott of the widows, etc are just a

few examples of these atrocities.

Many steps have been taken through the years for the benefit

of women. Government and NGOs have been working towards this

cause, and to some extent have been successful too. Many such

Acts and Laws have undergone amendments, from time to time

according to the changing times and patterns of crimes, so

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that women in the modern world can lead a life of respect and

dignity, without any discriminations in a society which may be

considered safe for them.

THE HINDU SUCCESSION ACT, 195615

The Hindu Society's main pillar of strength is the joint and

undivided family, which .traces its origin to the ancient

patriarchal system. The laws of inheritance governing the

devolution of property on the death of the head of the family

followed the doctrine "He who inherits the property, also

offers the pinda ", laid down by the Mitakshara law.16Hence,

only the male members of the family had a right on the

property and the female members were completely left out.

Their share was confined to the dowry and streedhan that were

handed over to the bridegroom and his family members at the

time of her marriage. In essence, therefore, the woman did not

get anything for herself as the dowry and streedhan become the

property of the groom and his family.

The hardships that the Hindu women had to face because of

these laws were officially recognized way back in 1937, when

15 Act 30 of 1956, as amended by Act 39 of 2005.16 Universal's Hindu Laws. Universal Law Publishing Co. Pvt Ltd: 2008:27.

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the Hindu women's Right to Property Act, 193717 was introduced

with the aim of improving the legal position of women

regarding inheritance of property. Nothing much came out of

it. Finally, the Hindu Succession Act, 1956 was passed after

preparing a comprehensive Hindu Code under the chairmanship of

Sir Benegal Narsing Rau (between1944 - 48): Act 39 of 200518

brought in major amendments to this Act.

The most important amendment in it was the removal of gender

discriminatory clause debarring daughters from inheriting

property in a joint Hindu family19 and giving her equal status

as a coparcener in her own right in the same manner as the

son, right from her birth.

Section 23 of the original Act, which disentitled a female

heir from demanding partition and her share of the ancestral

home wholly occupied by her joint family till the male heirs

chose to do so, was repealed by Act 39 of 2005, so as to

further empower the women and free them from their dependence

on the male members of the family for their survival. Further,

by repealing S.24 of the Act of 1956, the new amendment

17Ibid.

18 The Hindu Succession (Amendment) Act,200519 Section 6. Substituted by S. 3, Act 39 of 2005.

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protects the right of the widows of the pre-deceased sons of a

Hindu joint family to inherit her share of the family

property, even after remarriage.

THE PRE-CONCEPTIO AND PRE-NATAL DIAGNOSTIC TECHIQUES

(PROHIBITION OF SEX SELECTION) ACT, 199420

The British discovered the practice of female infanticide

around 1789 among the Rajputs of the Eastern Uttar Pradesh,

Rajasthan, and Bihar.21 Female feticide is now more wide spread

in the country than ever before. From a few states, a few

years ago, this barbaric practice had spread to the whole of

the country. The 2001 census showed that the sex ratio had

plunged to an all time low in Punjab (798), Haryana (819),

Chandigarh (845), and Delhi (868). Even Dadara and Nagar

Haveli, which had 1013 girls/1000 boys in the 1991 census,

showed 979 girls in the 2001 census.22 This inequality is more

pronounced in the Urban than in the Rural communities in the

whole of the country.23

20 Act 57 of 199421 Giriraj R. Changing attitude to female infanticide in Salem. SocialWelfare. February 2004: 13-14 & 34-35.22 Suguna B. Female foeticide: 21st Century gender violence. SocialWelfare. March 2007: 14-16.23 Nagarajan R. Rich don't want daughters, blamed for adverse sex ratio..The Hindustan Times, April 12,2004: 13.

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Finally, the government considered it necessary to bring out a

legislation to regulate the use of and to provide deterrent

punishment to stop the misuse of such techniques, resulting in

the passing of The Pre-Natal Diagnostic Techniques (Regulation

and Prevention of Misuse) Act, 1994.24

Later on, the nomenclature of the Act was amended to its

present.25 Section 3A, which prohibits sex selection on a woman

or a man or on both or on any tissue, embryo, conceptus,

fluid or gametes derived from either or both of them and S.3B,

which prohibits the sale of any ultrasound machine or imaging

device or any equipment capable of detecting sex to any centre

or person not registered under the Act, were both inserted by

the 2002 Amendment Act. However, the Act does not ban the use

of these techniques for detecting genetic or metabolic

disorders.

Clauses3, 4 and 5 were inserted to S. 4of the original Act

with the .specific aim of safeguarding the health of the

pregnant woman, and to ensure that no one coerce her in to

submitting herself for the purpose of sex determination and

24 Act 57 of 1994, before the amendment.25 Section 3. Act 14 of 2003.

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female feticide. They specify that pre-natal diagnostic tests

can be conducted on a pregnant woman only when:

a) she is above thirty-five years,

b) undergone two or more spontaneous abortions or foetal loss,

c) exposed to potentially teratogenic agents such as, drugs,

radiation, infection or chemicals,

d) she or her husband has a family history of mental

retardation or physical or ·any other genetic abnormalities.

Clause2 of S. 5 further prohibits any person from

communicating the sex of the fetus to the pregnant woman

concerned or any of her relatives by any means, thereby

safeguarding the very survival of the Unborn female fetus from

an untimely death; Similarly, subsection C of S.6 again

prohibits the selection of sex before or after conception.

No person who was in any way associated with the use or

promotion of sex-selection tests could be a member of the

Central Supervisory Board under the Act.26 The Appropriate

Authority constituted by the Central and State Governments, as

per the Act, has been empowered to take appropriate legal

action against any person/institute involved in any sex

26 Clause (f) S.14 of Act 57, 1994. Substituted by S.11, Act 14 of 2003.Page | 20

selection techniques either suo moto or when brought to their

notice by any means.27

Section 22 prohibits any advertisement relating to pre-

conception and pre-natal determination of sex or sex

selection. Contravention is punishable with imprisonment up to

3 years and with fine up to Rs 10000 Any person who coerces

the pregnant woman to undergo such tests is punishable with

imprisonment up to 3 years and with fine up to Rs 50,000 for

the first offence and imprisonment up to 5 years and with fine

up to Rs 100,000 for the subsequent offence28 Giving further

fillip to the pregnant woman, the Act provides that unless

proved otherwise, the Courts shall presume that such a

pregnant woman was compelled by her husband/relatives to

undergo the pre natal diagnostic tests.29

THE HINDU MARRIAGE ACT, 195530

Marriage, according to the Hindu Law, is a holy "Sanskar" with

"Kanyadan" and "Saptpadi" or the "Saat Feras" being the basic

27 Sub-clauses (e) - (i) inserted by S.15, Act 14 of 2003 to clause 4, S.17of Act 57 of 1994.28 Sub-sections 2&3 S.23 substituted by S.19, Act 14 of 2003.29 Section 24 substituted by S.20, Act 14 of 2003.30 Act 25 of 1955, as amended by The Prohibition of Child Marriage Act,2006 (6 of 2007).

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and important components of the same. Legislation of the laws

relating to the Hindu marriage began from the Year 1829, the

same year, when "Sati" was abolished by law and was declared a

punishable offence.31 Marriage of the Hindu widows was

legalized in 1856 by The Hindu Widows Remarriage Act. The

Child Marriage Restraint Act was passed in 1929. Many Acts

were passed to legalize inter-caste marriages, inter-marriages

between sub-divisions of the same caste and those within the

same "Gotra", inter-religious marriages, etc. In 1947, the Hindu

Code, drafted by the Rau Committee, was introduced in the

Legislative Assembly and was referred to a Select Committee of

the Constituent Assembly of India. The Code was then split in

to separate parts for facilitating drafting of the laws The

Hindu Marriage Act, 1955 was the first of the series. It

underwent several amendments, the major amendment of which was

The Amendment Act, 1976.32 However the change in the age of the

bridegroom and the bride from the previous 18 and 15 years to

the present 21 and 18 years was effected by the Amendment Act

of 1978.33 The Punishment for contraventions of this clause was

31 Universal's Hindu Laws. Universal Law Publishing Co. Pvt Ltd. 2008: 1.32 The Marriage Laws (Amendment) Act, 1976 (68 of 1976).33 Clause iii S.5 substituted by S.6 of The Child Marriage Restraint(Amendment) Act, 1978 (2 of 1978).

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enhanced to rigorous imprisonment which may extend to 2 years

or with fine which may extend to Rs.100000, or with both.34

The jurisdiction of any case of marital discord would be of

the Court under which the area, in which the complainant wife

resides, falls.35 The Hon'ble Supreme Court on October 25, 2007

directed all States and Union Territories to bring in suitable

legislation within three months to make the registration of

marriage compulsory. A bench' headed by Justice Arijit Pasayat

asked the States and Union Territories to file a compliance

report along with an affidavit after the three months

deadline. The Hon'ble apex court passed the order after noting

that several' states had made registration of marriage

compulsory only for the members of the Hindu community. But by

the Supreme Court order, registration of marriage will be

mandatory for all religions.

THE PROTECTION OF WOMEN FROM DOMESTIC VOILENCE ACT, 200536

Domestic Violence, particularly against women, is widely

prevalent throughout the country, but owing to the patriarchal34 Sub-sections a & b S.18· substituted by S.20, Act 6 of 2007.35 Clause iii a S.19 substituted by S.12, Act 68 of 1976.36 Act of 43 of 2005

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form of a "male dominated" society has been invisible in the

public domain, and wife-beating is professed more as a norm

than as an aberration. Till 2005, The Indian Penal Code37 dealt

with persons inflicting cruelty to a married woman U/S 498-A

or 304-B. The law, therefore, was thought not to be addressing

this phenomenon in its entirety as it dealt only with crimes

committed against a married woman, and that too, for dowry.

Other women - like sisters, mothers, aunts, daughters etc,

though are subjected to violence, have no way of redressal of

their grievances, even though domestic violence is a human

rights issue and a serious deterrent to the development of the

individual concerned. Hence the said Act was passed, keeping

in view the rights guaranteed under Articles 14, 15 and 21 of

the Constitution of India.

The Act covers all women who are or have parties have lived

together in a shared household

and are related by- consanguinity, marriage or through a

relationship in the nature of marriage or adoption, as well as

relationships with family members living together as a joint

family. This includes sisters, mothers, widows, single women

37 Indian Penal Code, 1860. Act 45 of 1860.Page | 24

or living with the accused. "Domestic Violence" has been

defined to include actual abuse or threat or abuse that may be

physical, sexual, verbal, emotional, or economic.

It provides for rights of women to "secure housing". It also

gives the woman a right to reside

in her matrimonial home or shared household, irrespective of

the fact that she may have any rights on such a household or

not. Such a right can be secured by the woman in form of a

"residence order" passed by a Magistrate.

The Act empowers a Magistrate to pass protection orders in

favor of the aggrieved. woman to prevent the accused from

aiding or committing any act of domestic violence, entering

the work place or any place frequented by the staid woman,

isolating any assets used by both the parties or causing

violence to any of her relatives who are providing assistance

to her.

THE MEDICAL TERMINATION OF PREGNANCY ACT, 197138

38 Act 34 of 1971, as amended by The Delegated Legalisation Provisions(Amendment) Act, 2004 (4 of 2005).

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The Indian Penal Code provided for abortion U/S 312-318,

wherein abortion was a crime, for which the mother as well as

the abortionist could be punished except where it had to be

induced to save the life of the mother. This strict law was

being observed in the breach all over the country, resulting

'in the untimely death of many young pregnant women. The said

Act was therefore passed in order to liberalise the existing

provisions relating to the termination of "pregnancy so as to

save the pregnant women's life, health and strength. It

underwent two amendments in 2002 and in 2005.

In the original Act, a person who was not a qualified,

registered medical practitioner, as per the Act, prescribed no

punishment for the offence of termination of pregnancy. It

only stated that the offence was punishable.39 However the

Amendment of 2002 prescribes the punishments for such offences

to be not less than 2 yrs, which can be extended to 7 yrs if

the termination is carried out by a person who is not a

registered medical practitioner under the Act, or if the place

where it was carried out was not an Approved Center. The owner

of such an establishment is also liable for punishment.40 The39 Sub-section 2, S.5, Act 34 of 1971.40 Sub-section 2, 3 & 4, S.5, Act 34 of 1971 substituted by S.5 of TheMedical Termination of Pregnancy (Amendment) Act, 2002 (64 of 2002).

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MTP Regulations, 200341 provide for the maintenance of an

Admission Register for the said purpose; giving full

particulars of the women coming for MTPs and that such

Registers are secret documents and have to be preserved for a

period of 5 yrs.

THE CODE OF CRIMINAL PROCEDURE, 197342

Certain sections were added and some amended in Criminal

Procedure Code for the betterment of women, especially those

who are victims of sexual abuse.

To facilitate the examination of a person charged of rape as

early as possible, after his arrest, S. 53A was added to the

original Code to provide for his examination by any registered

medical practitioner of the area authorized for the said

purpose by a police officer not below the rank of a sub-

inspector, in the absence of an RMP within the radius of 16

Kms from the place where the offence has been committed.

41 Vide G.S.R. 486(E), dared 13th June 2003, published in the Gazette ofIndia, Extra, Pt Il, Sec 3(i).42 Act 2 of 1974, as amended by The Code of Criminal Procedure (Amendment) Act, 2005 (25 of 2005).

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Sub-Section 2 of S. 53A makes it mandatory to collect material

for DNA profiling from the accused. The same has also been

included in the Explanation of S. 53A and S. 54: "examination

shall include the examination of blood, blood stains, semen,

swabs in case of sexual offences, sputum, sweat, hair samples

and finger-nail clippings by the use of modern and scientific

techniques including DNA profiling and such other tests which

the medical practitioner thinks necessary in a particular

case."

Section 164A provides for the examination of the person of the

victim within 24 hours of receiving the information or

commission of the crime by an RMP employed by the government

or any local authority or any RMP of the area, with the

consent of such woman or by any person competent to give

consent on her behalf. The detailed examination shall include

collection of material for DNA profiling (sub-Section 2).

Section 176 has been amended to provide that in the case of

death or disappearance of a person, or rape of a woman while

in the custody of police there shall be a mandatory judicial

inquiry, both by a Judicial Magistrate or a Metropolitan

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Magistrate, and in case of death, examination of the body

shall be conducted within twenty-four hours.

CONCLUSION

As we can easily see from the aforesaid research the state has

made many efforts to reduce the crimes taking place against

women in India. Where a flaw was seen in the law, it was

amended with effect as soon as possible. Yet, it is the fear

of society or the not-till-now trustworthiness of the police;

the cases reported are much lesser than what actually

happened. The women today does suffer the way it did earlier

but now the sufferers are comparatively less. Only law making

is not sufficient, what must be done is to check as to whether

the law is effective and moreover is it properly regulated in

the society or not. Henceforth are some suggestions related to

this:

TO INCREASE REPORTING OF RAPE AND ASSUALT CASES: To increase

the reporting of such cases at first we need to empower the

women and children. They must be educate on their rights and

encourage them to come forward to register the cases. There

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are many violent cases but due to stigma in the society very

few are reported.

LAW ENFORCEMENT AGENCIES: Low enforcement agencies should be

well trained to react swiftly and with sensitivity towards

the women and children cases.

EXEMPLARY PUNISHMENT: Punishment of every culprit need to be

exemplary. Campaigning of “Zero- tolerance” of sex

offenders. More and more fast track court should establish.

PROPER PLANNING OF THE CITY: Every city should be planned in

a very specific manner. According to Ranjana Kumari,

director of Delhi’s Centre for Social Research, only 37% of

the city was ever planned. "The rest is . . . slums,

villages, with no proper lighting or development," she said

last week. "There are many pockets of crime."

INDIAN POLICE SYSTEM: Neither the Centre nor States have

been proactive in improving the quality of Policing.

Official records shows that only 14 states have either

enacted the New Police Act or amended their existing laws to

incorporate SC's suggestion.

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If such suggestions or similar to the aforesaid be followed

then such crimes can be reduced to a large extent, if not

totally eradicated.

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