Introduction:
Rape is considered a heinous crime that exists in every society. Rape is a crime that is against the entire society or public policy. How-ever this heinous crime exists in every country whether it be a developed or developing or underdeveloped country. In countries like India, the USA, Canada there are severe punishments for rape. In India rape is considered a severe crime which is also penalized under IPC (Indian Penal Code).
Rape means forcing someone to enter into sexual intercourse against his or her will or desire. There is a particular perception of many people that the victims of rape are only females but how-ever there is no truth in this fact. There are many cases where males and animals are also sexually assaulted. Now-a-days the society has witnessed rapid growth in the cases of rape with males and animals. However, according to Indian law, there are no severe punishments that penalize rape with animals. According to me, there should be a sentencing policy for the offenders because rape with any living being is such a heinous crime that should be severely punished in society. Many sociologists believe that rape is the main cause for the deviant behavior which co-exists in society.
According to sociologists and jurists’ rape is something that may lead to social disorganization.
In countries like the United Arab Emirates (UAE), there are many severe punishments such as open executions for rape offenders. Rape in many other countries may invite many severe punishments. Many governments and their officials think that penalizing rape with severe punishments might witness a great decline in the number of rape cases. How-ever this theory is effective to a certain extent because many governments are able to control the Rape cases by penalizing the offenders with severe punishments. Now-a-days rape cases with animals have also seen a significant incline. Many people believe that the main reason behind the significant incline in rape cases with animals is that there are no strict laws that prohibit rape with animals and penalizing it.
Why Uniform Sentencing for Rape is Important?
Today’s world has witnessed a large number of crime rates in the world. As the world is growing there is a significant increase in the number of intensive crimes. So, there is a vital need to have stricter and uniform rules for rape in our society. Rape with animals is punishable under animal cruelty laws whereas the laws for the rape with males and females are punishable under the Indian Penal Code. Under Animal Cruelty Prevention Act, rape with animals is considered a punishable offense. Many people believe that the uniform sentencing policy for rape is not an important topic to discuss because it is something not possible. The perception of the people is very lacking when it comes to making a uniform sentencing policy for rape.
A rape with man and woman might be considered as a bigger or great offense as compared to rape with animals. This is because the lives of animals are not considered of much importance as compared to the lives of human beings. Making stricter laws might decrease the cases of rapes with animals. Uniform sentencing policy for rape becomes more important when it comes to making and amending our laws better. The government of every country must try to make one uniform law that regulates and punishes the offenders of rape. Uniform sentencing policy for rape might help the government in decreasing the number of rape cases in society. It will also help the society to treat the life of the people and animals equally. One punishment for every rapist might make our laws more stable. Many problems might get sought with the introduction of a uniform sentencing policy for rape.
There are many advantages to having a uniform sentencing policy for rape such as:
- Uniformity: Firstly, it will help in bringing uniformity to the laws and punishments related to rape. A uniform set of rules and policies might make the laws easy and understandable for the general public. The uniformity might also help in bringing consolidated laws into the play. Having uniform rules may also bring effectiveness.
- Consistency: Uniform sentence for rape might make the laws more consistent. With uniform laws, people will not be able to take undue advantage of the loopholes of the laws. Consistency in laws makes the laws effective and applicable not only on the books but also in practicality.
- Easy and Understandable: With uniformity in sentencing for rape offenders will make the laws easier and more understandable for the general public. It will be much easy for the people to remember the laws and punishments if there would be a single law that will prohibit them.
So, these are some advantages of a uniform sentencing policy for rape which might make the laws easy and understandable.
Having uniform rules is much important if a country wants to make its laws simple. Especially, for crimes like rape uniform sentencing policy is of much importance because it doesn’t make the law complicated. Uniformity is also important in laws to treat the life of every living organism equally. Uniformity brings more strength to the laws formulated by the government and its officials. Uniformity might also solve the problem of cruelty with animals. Making straight and simple laws makes the task of society much easier as compared to complicated ones. It is much easier to find loopholes from a complicated law because it is not much elaborated. People tend to make their perceptions about the laws. Whereas it is much complicated to find loopholes from easier and much elaborated laws because they are well defined and they are very clear in terms of applicability. The terms of uniform laws are much easier to understand and apply. The need for uniform sentencing hence becomes more important for today’s world where people are able to find the loopholes much easily and take undue advantage of the loopholes.
It is high time for the people to realize the importance of each other in society. It is the responsibility of everyone in society to make every life peaceful and secure whether the life is of an animal or a human. In today’s era, the rape of female goats and dogs has also increased. There are many reported cases where the dogs and goats are raped. Especially, in the rural areas, the people use animals for their lust. The people cause a lot of trouble and pain to the animals only for their sexual pleasure. Hence having uniform laws becomes more important for society when it comes to animal cruelty.
Case Laws
State of M.P. Vs. Bablu Natt [(2009)2 S.C.C. 272]
The Hon’ble Apex Court held that “Keeping in view the nature of the offense and the helpless in which the prosecutrix a young girl of 13/14 years was placed, the High Court was clearly in error in reducing the sentence imposed upon the respondent and that too without assigning any reasons, much less special and adequate reasons. The high court appears to have overlooked the mandate of the legislature as reflected in Section 376(1) IPC. In recent years, we have noticed that crime against women is on the rise. These crimes are an affront to the human dignity of society. Imposition of grossly inadequate sentence and particularly against the mandate of the Legislature not only is an injustice to the victim of the crime in particular and the society as a whole in general but also at times encourages a criminal. The Courts have an obligation while awarding punishment to impose appropriate punishment to respond to the society’s cry for justice against such criminals. Public abhorrence of the crime needs a reflection through the court’s verdict in the measure of punishment. The Courts must not only keep in view the rights of the criminal but also the rights of the victim of crime and the society at large while considering imposition of the appropriate punishment. The heinous crime of committing rape on a helpless 13/14 years old girl shakes our judicial conscience. The offense was inhumane. There is no extenuating or mitigating circumstances available on the record which may justify the imposition of a sentence less than the minimum prescribed by the Legislature under Section 376(1) of the Act.”
State of Karnataka v. Raju [2007 (11) SCALE 114]
In where the facts of the case were that the Trial Court imposed a custodial sentence of seven years after convicting the respondent for rape of minor under Section 376 of the Indian Penal Code; on appeal, the High Court reduced the sentence of the respondent to three and half years. The Hon’ble Apex Court held that a normal sentence in a case where rape is committed on a child below12 years of age, is not less than 10 years’ rigorous imprisonment, though in exceptional cases “for special and adequate reasons “sentence of less than 10 years’ rigorous imprisonment can also be awarded. It was, thus, opined that socioeconomic status, religion, race, caste or creed of the accused or the victim are irrelevant considerations in sentencing policy. To what extent should the judges have discretion to reduce the sentence so prescribed under the statute has remained a vexed question.
Legal Perspective
Rape
Recent changes have been made to the crime of rape in India’s Penal Code. Absent any aggravating factors, the section stipulates a minimum punishment of imprisonment for seven years up to a maximum of life, and a mandatory fine. In situations where certain aggravated situations occur, punishment is for a minimum term of ten years up to a maximum of life imprisonment, and a mandatory fine. The new amended section on rape reads as follows:
Punishment for Rape
376. (1) Whoever, except in the cases provided for in subsection (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than seven years, but which may extend to imprisonment for life, and shall also be liable to fine.
(2) Whoever,
(a) being a police officer, commits rape—
- (I) within the limits of the police station to which such police officer is appointed; or
- (ii) in the premises of any station house; or
- (iii) on a woman in such police officer’s custody or in the custody of a police officer subordinate to such police officer; or
(b) being a public servant, commits rape on a woman in such public servant’s custody or in the custody of a public servant subordinate to such public servant; or
(c) being a member of the armed forces deployed in an area by the Central or a State Government commits rape in such area; or
(d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women’s or children’s institution, commits rape on any inmate of such jail, remand home, place or institution; or
(e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or
(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or
(g) commits rape during communal or sectarian violence; or
(h) commits rape on a woman knowing her to be pregnant; or
(I) commits rape on a woman when she is under sixteen years of age; or
(j) commits rape, on a woman incapable of giving consent; or
(k) being in a position of control or dominance over a woman, commits rape on such woman; or
(l) commits rape on a woman suffering from mental or physical disability; or
(m) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or
(n) commits rape repeatedly on the same woman,
shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
In the previous section on the crime of rape, there was a proviso that empowered the Court to award a sentence that was less than the minimum for adequate and special reasons stipulated in the judgment. The Supreme Court provided direction in several cases on how such discretion should be exercised.
Sociological perspective
Uniform sentencing policy is required in a society like India where there are an increasing number of cases of rapes and justice to these cases is delay because of various reasons such as corruption. The uniform sentencing policy of rape will help in timely hearing of the cases and justice to those innocent girls and the family which will help in developing a society that is safer for the females.
The safety of women in turn will help them to grab the opportunities for their upliftment.
Conclusion
As we have discussed the importance of informed sentencing policy in the earlier paragraphs. The main reason for the difficulty in imposing a uniform sentencing policy for rape is that we are unable to give equal status to animals as to humans. This is considered as the biggest huddle in society. The government of every country must try to make the laws more flexible and bring uniformity in laws worldwide. One law for the entire world might give confidence to humans and their existence. Uniformity in sentencing policy gives a reason for humans and animals to exist in the world. somehow it might be tough for the legislature to achieve uniformity when it comes to making a single law that might govern or regulate the entire society. The death sentence for every person who commits rape with another person or animals is very important to make society peaceful and rightful. In today’s era where every person has the right to enjoy his or her life peacefully, there must be equal protection of rights for animals also, especially against heinous crimes like rape. According to me, the legislature can’t give animals human rights because killing and eating animals might be considered murder. So, how-ever the government needs to give animals humans rights because human rights mean a lot and are not limited merely to the animal’s existence. But the crime rape is much above the other crimes. So, there is the need for an hour of making a uniform sentencing policy for rape applicable and do not refrain it to the books.
The legislature or lawmakers of every country must focus on achieving uniformity in sentencing when it comes to rape. Rape is a crime against someone’s will so it must not be limited only to humans but also to animals. The condition of the people and animals might get improved if there is a single punishment for every offender in the society. The rape with animals and other living organisms other than humans might be considered equally heinous as compared to the rapes with human beings.
The United Nations along with other countries must come together and resolve this issue. The uniform sentencing policy for rape that is a single sentence for every person who commits rape with another person or animal. Making a uniform sentencing policy for rape might make the laws easier and understandable for the general public. It will also give humans and animals a reason for their existence in society. Generally, people do not realize the importance of other living organisms but everyone is equally important in society for the existence of each other.
Hence the uniform sentencing policy for rape is much important because it will make laws stricter and will bring consistency. The government along with the people must try to achieve uniformity in sentencing because it will bring peace and harmony in the society.
Therefore, the legislation must try to bring a uniform sentence policy for rape because it will provide much more than what we call it as mere animal existence.
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