SEXUAL OFFENCES IN INDIA: SPECTRUM OF OPPORTUNITIES WHAT WE HAVE VIS-À-VIS WHAT WE NEED
Keywords:
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Indian Penal Code, 1860,, Sentencing Policy.Abstract
The Indian criminal justice system is currently struggling with the slow pace of implementation mechanism for it lacks a comprehensive sentencing policy. What we need in the current scenario is a uniform sentencing guideline which can serve as a torch bearer to the judiciary for it can guide them while dispensing the judgment and the common people would be certain about the punishment which they can be made liable for in lieu of any offence. Sentencing policy for sexual offences under the Indian criminal justice system has been witnessing major changes for almost a decade. One change that has grabbed the attention of the masses is with respect to the punishments and certainty of it. Indian Penal Code, 1860 and various other sexually related laws are working to make it deterrent and eventually to curb the menace that is inflicting havoc on our society. This paper shall be discussing the existing legislative framework regarding the sexual offences in Indian and shall also be testing the efficacy of a sentencing policy under the regime of sexual offences in Indian criminal justice system. The paper shall be discussing Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and various other sexual offences as enunciated under Indian Penal Code, 1860 with a view to highlight the trends of sentencing followed in such conviction.
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References
i Available at https://lexquest.in/need-for-sentencing-policy-in-india
ii Available at https://www.loc.gov/law/help/sentencing-guidelines/india.php
iii Training of Empanelled Layers in Jharkhand On Violence Against Women & Violence Against Child
http://jhalsa.org/pdfs/Reading_Materials/RM_19_09_2015/volume_4.pdf
iv Gitanjali Ganguly, “Indian Feminism Issues of Sexuality and representation”, in Popular Culture in a Globalised
India, ed.K.Moti Gokulsing et.al.(Routledge: 2009) 55
v Tukaram v. State of Maharashtra AIR 1979 SC 185, Prem Chand v. St. of Haryana 1989 Supp (1) SCC 286,
Also see Naina Kapur, “Sexual Harassment and Law Reform In India” (Expert Group Meeting on good practices
in legislation on violence against women United Nations Office at Vienna, Austria May 26 to 28, 2008).
vi ibid
vii Pratiksha Baxi, Sexual Harassment, http://www.india-seminar.com/2001/505/505%20pratiksha%20baxi.htm
viii Sandra Neuman, “The Issue of Sexual Violence against Women In Contemporary India” (Master's Thesis,
Linnaeus University, 2013).
ix Available at https://www.indianbarassociation.org/crimes-against-women-a-legal-perspective/
xAvailable at
http://mja.gov.in/Site/Upload/GR/Title%20NO.94(As%20Per%20Workshop%20List%20title%20no94%20pdf).
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