Recently, the role of Uttar Pradesh police had come under scanner after the Hathras gang rape incident when a 19-year old woman had stated in the hospital bed that she was sexually assaulted by four men from her village. Police claimed that the forensic examination had established that the victim was raped. She later succumbed to injuries at Delhi’s Safdarjung hospital.
The Ministry of Home Affairs (MHA) has issued an advisory to all States regarding “mandatory action by police in crime against women”. It stated that the Indian Evidence Act, 1872, provides that the statement, written or verbal, by a person who is dead shall be treated as a relevant fact in the investigation. Hon’ble Supreme Court in its order dated 7th January 2020 in Purshottam Chopra & Anr. vs. State, directed that a dying declaration satisfying all the requirements of judicial scrutiny cannot be discarded merely because it has not been recorded by a Magistrate or that the police officer did not obtain attestation by any person present at the time of the making of the statement. Section 173 of the Code of Criminal Procedure provides for completion of investigation in rape cases within two months.
It’s comforting news that our government has finally recognised the issue but it would help in bringing little change. If we want this situation of India not being a women-friendly country to change, an entire cultural shift is required and it will take our generation to advocate the change that we want to see in the society that will happen when young boys would be told to respect and not tease their female friends, when the child sees how his father respects his mother and when our brothers will understand a simple fact that each time they are asked to accompany their sisters it’s a chance for them to learn to care. For the current scenario more strict rules and punishments, an increase of police patrolling and women-friendly laws are highly required.
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