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4 Nyaayshastra L. Rev. 1 (2023-2024)

handle is hein.journals/nalervw4 and id is 1 raw text is: NYAAYSHASTRA LAW REVIEW I ISSN: 2582-8479

Indian Laws Relating to Rape: A Critical Analysis
Tajmul Karim, Research Scholar, Bankura University, West Bengal.
Abstract
Rape is one type of illegal sexual relationship that is not only illegal but also it
is without the consent of the woman. It is the only crime, where the victim is
ostracized socially, degraded morally, and achieves a dark spot on her dignity
and character instead of getting sympathy from society. In the case of Rafiq v.
State of U.P., Justice Krishna Iyer rightly said, When a woman is ravished what
is inflicted is not merely physical injury, but the deep sense of some deathless
shame. Judicial response to human rights cannot be blunted by legal bigotry.
Overall, in modern society including India, stringent anti-rape laws have been
made to punish the offender. In Canada and Arabian Countries, Rape is treated
as the most heinous crime, and the offender is awarded by a jury or court the
capital punishment. In India, the punishment is rigorous imprisonment. In cases
of rape and murder, the Supreme Court awards the death sentence according to
the depth of the offence in rarest cases like the Dhananjoy Chatterjee case in
West Bengal. In India, some special laws have been created to safeguard women.
But the crimes like rape are not going down. The existing Laws in India are
inadequate to prevent crimes like rape.
Hence, the study's objective is to know about the law relating to rape in India as
well as to give some remedial measures to fill the lacuna of the existing anti-
rape laws in India.
Keywords - Rape, Victims, India, Lacuna, Remedies.

Pg. 1

Volume IV Issue I

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