The Supreme Court on Friday issued a notice in response to a Public Interest Litigation (PIL) that calls for increased awareness of anti-rape laws in schools and across society.
A Bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra issued a notice on the plea filed by Senior Advocate Aabad Ponda.
The PIL highlights that despite the presence of stringent anti-rape laws with the potential to act as a deterrent, crimes against women continue to rise.
"Therefore, reacting to such situations by making the punishments for rape more stringent with a knee-jerk reaction is no solution to the problem," it states.
The petition asserts that justice can only be achieved by bridging the communication gap between the existence of anti-rape laws and their proper dissemination to all sections of society.
Senior Advocate Aabad Ponda argued that while some states, including Maharashtra, Andhra Pradesh, and West Bengal, are advocating for mandatory death sentences in cases of rape and murder, such measures may not be effective in curbing the problem.
Referencing Supreme Court precedents, the petition questions the legality of harsh punishments, noting past rulings that have struck down mandatory death sentences as unconstitutional.
The petition emphasizes that stringent punishments, such as life imprisonment or the death penalty, do not address the underlying issue. Instead, it calls for tackling societal attitudes towards women by promoting awareness and education to shift the mindset that sustains inequality.
The petition further cautions that imposing harsher laws could lead to unintended consequences, including a rise in false accusations. This, in turn, may complicate the process of granting anticipatory or regular bail to individuals who are wrongly accused.
"The need of identifying the real cause of this crime is the first requirement. Once this is done, the next step would be to try to find measures to revolutionize the male mindset in the country amongst a large portion of the populace and instil in them the fear of the law," the plea states.
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