GENDER JUSTICE IN RAPE LAWS: A PRE-JUDICED DECISION OF STATE

Abstract

Does applying a retributive theory for punishing the rape accused satisfies the society’s cry for Justice? That the answer to this question is an affirmation produced by the society’s look towards the crime of rape with their biased eye, determining that all the rape accused must be awarded with the Death Penalty, the highest form of the sentencing. However, the drawback of this reality is that, the society has a little faith on their Indian Criminal Justice system, which lay its emphasis upon “Life Imprisonment is the rule to which the death penalty is the exception”. In this paper, the author will scrutinize the tools adopted by the Criminal Justice System in  serving justice to the victims of rape after the Criminal Law (Amendment) Ordinance, 2018 came into force and how far they are compatible with the foundations on which the whole system rests.