5 years of Delhi gang rape: Conviction for rape stays poor despite special courts,…

Posted on December 19, 2017 0 Comments437
Summary: “Also, in Delhi, in around 97% of the rape cases, the victim and the accused know each other. The fast-track courts which were supposed to help give victims faster respite do not always follow due process, according to Justice Shah. According to the National Crime Records Bureau (NCRB), the number of rape cases reported in the Capital almost tripled from 706 in 2012 to 2,199 in 2015 and 2,155 in 2016. Justice Shah finds some “substance to this argument”. One reason that many point to is the high reporting, and the increased flow of cases to these fast tack courts.

A flagging legal system that is unable to keep up with the pressures of increased reporting of cases, shortage of judges, victims turning hostile, and false allegations have resulted in a steady decline in conviction rates for rape in Delhi, despite amended laws, fast track courts and increased awareness about the issue, says experts. According to the National Crime Records Bureau (NCRB), the number of rape cases reported in the Capital almost tripled from 706 in 2012 to 2,199 in 2015 and 2,155 in 2016. The police have attributed the ease of registering cases and increased sensitivity to them for the ‘positive trend’. However the conviction rate has been dropping steadily from 49.3% in 2012 to 35.7% in 2013, 34.5% in 2014 and 29.7% in 2015. The NCRB is yet to release the data for 2016. Ranjana Kumari, one of the many experts in the field who had presented arguments before the Justice Verma Commission that was set up post December 16, 2012, gang rape case, said procedural delays are the major reasons behind low conviction rates. “Even in the December 16 case, if you talk to the mother, she will tell you that she is still waiting for justice , As Reported By Hindustan Times.

According to the Newspaper,They claim we have fast track courts, but there isn’t anything fast about them. A major consequence of the delayed process is that the victim many a times, loses faith and turns hostile,” she said. A police officer in Chennai had allegedly demonstrated that with delay there were less chances of conviction, according to retired Delhi High Court Chief Justice AP Shah, as the prosecution’s ability to get witnesses reduces and the chances of tampering with evidence increases. So, what causes the delay? One reason that many point to is the high reporting, and the increased flow of cases to these fast tack courts. “We definitely need more judges, recruited and promoted based on adherence to constitutional values like women’s freedom. Justice Gita Mittal has been bringing more focus to gender trainings once they are in. 

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