Crime is the outcome of a diseased mind and jails

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“Crime is the outcome of a diseased mind and jails must have an environment of hospital for treatment and cure- An eye for an eye would turn the whole world blind” - Mahatma Gandhi. The offence of rape is a sexual violation of a woman’s dignity and body and is yet another manifestation of man’s attempt to abuse his position of dominance. It is in this context that the Indian Parliament has enacted far reaching amendments in this field.E n v i s a g e d b y t h e c r i m e against women in India the Criminal Law (Amendment) Act was passed in 2013. It is an Indian legislation passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, which provides for amendment of Indian Penal Code 1860, Indian Evidence Act 1872, and Code of Criminal Procedure, 1973 on laws relating to sexual offences.In 1983, an amendment was made and S. 376(2) i.e. Custodial rape, S. 376(A) i.e. marital rape and S. 376(B to D) i.e. Sexual Intercourse not amounting to rape were added to the Indian Penal Code.Judicial InterventionThere was a time when the Indian judiciary failed to see eye to eye with the facts of an open and shut case of rape:- In Mohd. Habib Vs State, 1989 CriLJ 137, the Delhi High Court allowed a rapist to go scot-free merely because there were no marks of injury on his penis- which the High Court presumed was an indication of no resistance. The most important facts such as the age of the victim (being seven years) and that she had suffered a ruptured hymen and the bite marks on her body were not considered by the High Court. Even the eye- witnesses, who witnessed this ghastly act, could not sway the High Court’s judgment, so deep-rooted was the legal position treating a victim as an accomplice.Another ghastly yet classic judicial pronouncement often quoted with dismay, mirroring the prejudiced mindset of the society when it came to rape cases and other crimes against women is the case of State Of Rajasthan And Ors. versus Smt. Bhanwari Deviwherein a judge remarked that the victim could not have been raped since she was a dalit while the accused hailed from an upper caste- who would not stoop to sexual relations with a dalit.From a time as dark as the Bhanwari Devi Case, with the changing times and development largely due to western influence and development, the Indian judiciary slowly moved towards a more pragmatic era in a series of judgments including Bharwada Bhoginbhai Hirjibhai Vs State of Gujarat AIR 1983 SC 753 wherein an attempt was made to categorize and define crimes against women.In another striking act of judicial activism, the Supreme Court decided the case of Vishaka and others Vs State Of Rajasthan(JT 1997 (7) SC 384). The judgment was delivered by J.S.Verma. CJ, on behalf of Sujata Manohar and B.N. Kirpal, JJ., in a writ petition entitled ‘Vishaka’ filed by a Non Governmental organization working for gender equality by way of Public Interest Litigation seeking enforcement of fundamental rights of working women under Article 21 of the Indian Constitution. It was in 1997 in Vishaka Vs. State of Rajasthanand o

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