From Scandal to Sentence
The injustice done to one can trigger the cries and unsafety of thousands — and those cries for safety can knock on the doors of justice.
When the insecurity or survival of one is threatened, the security of thousands of girls comes to mind.
This article discusses one of the most dangerous and heinous offences — Rape and Murder. In India, thousands of such cases occur, but only a few are reported. Rapes are often treated casually. Women have become victims repeatedly. Even in today’s modern society, male-dominated mentality often refuses to accept women as human beings — as essential elements of society. From female foeticide to taking a woman’s life for money, the injustices continue. Hence, numerous laws and regulations for women had to be enacted.
Every man and woman should know about these laws as responsible citizens of India.
General Assumptions About Violence Against Women
- Myth: Rapists are always strangers.
Reality: Many rape victims know their rapists — they may be neighbours, relatives, family members, or friends. - Myth: Rapes happen only late at night.
Reality: Most rapes occur at home and can happen at any time of the day. - Myth: Women invite rape by wearing revealing clothes.
Reality: A civil rights group survey found that rural, tribal, and Dalit women — often wearing modest clothing — are frequently targeted. In the recent Baladapur case, the girl was in school uniform, yet she was raped. - Myth: Women who go out at night are more likely to be raped.
Reality: A woman is raped every 16 minutes in India, regardless of time or location.
Legal Provisions under Bharatiya Nyaya Sanhita (BNS) & Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 63 – Rape (BNS)
Rape is defined as penetration without consent, under force or fear.
Consent below the age of 18 is not valid.
Punishment: Section 64 provides for a minimum of 10 years of imprisonment, extendable to life. In aggravated cases, the death penalty may apply.
Section 101 – Murder (BNS)
When an act is done with the intention of causing bodily injury known to be likely to cause death.
Punishment: Life imprisonment or the death penalty.
BNSS Provisions:
- Rape and murder cases can be tried in Special Courts.
- Zero FIR: Victims can report the crime at any police station.
- Mandatory forensic investigation.
- Victims have the right to be informed about the progress of the investigation.
The Law Has Changed, But What About the System?
If offenders do not think twice before committing rape and murder, why should the justice system hesitate in giving them a sentence?
Article 21 of the Constitution guarantees the right to life. The judiciary, even while sentencing offenders, ensures that their fundamental rights are not infringed. But justice must be swift and firm — just like India’s response to Pulwama and Pahalgam attacks. The same urgency must apply to these crimes.
Case Comparison: Nirbhaya vs. Priyanka Reddy
- Date:
Nirbhaya: 16 December 2012
Priyanka Reddy: 27 November 2019 - Physical Torture:
Nirbhaya: Extreme
Priyanka: Moderate - Physical Harm:
Nirbhaya: Brutal
Priyanka: Not as brutal - Post-Mortem Abuse:
Nirbhaya: None
Priyanka: Burned alive - Survival Period:
Nirbhaya: 13 days in hospital
Priyanka: Died on the same night - Time Taken for Justice:
Nirbhaya: 7 years, 3 months, 4 days (Dec 2012 – Mar 2020)
Priyanka Reddy: Justice was swift — Nov 27 to Dec 6, 2019
In the Priyanka Reddy case, the brutality was tragic and the end terrifying. Police claimed the culprits attacked officers while trying to escape. All four were shot dead in an encounter. This act drew widespread support and appreciation. Though justice prevailed, it came without due process or trial — raising deeper questions about justice and procedure.
Candle March: A Symbol of Protest
One person’s silence can echo louder than a crowd’s roar.
In India, whenever such incidents occur, people often respond with Candle Marches — symbolic of peaceful protest and solidarity. These marches aim to raise public awareness and send a visual message. While they can bring temporary solace or honour the soul of the victim, true peace is found only when justice is served.
Candle March is a Commencement, but Justice is the Ultimate Satisfaction.
