The Ministry of Women and Child Development should, in conjunction with the Ministry of Law and Justice, move a Bill in Parliament for amending the Code of Criminal Procedure by inserting the following provisions:-
a) To take care of the Civil & Social Consequences of 'rape' against the victim:
i) If, after a 'summary trial' of the allegation of rape, it is palpably evident on the face of the record that rape has been committed, then the rapist and the victim shall be deemed to have been married -- but no 'conjugal rights' will accrue to the rapist 'husband'. And the victim, while living separately from the rapist, shall be entitled to 'maintenance' from the rapist until she gets remarried. This will prevent the stigma of 'rape' -- she will now be a 'divorcee'.
ii) Till the victim gets remarried, the rapist cannot marry any other woman -- if he does, then he shall be committing the offence of 'bigamy'. Moreso, his second marriage will not be a valid marriage in the eyes of Law, and the children born out of such wedlock will not be 'legitimate' -- they would not be admitted to school.
The aforesaid Summary Trial shall precede the normal Criminal Trial for the offence of rape under the IPC and CrPC -- only the normal Trial will lead to the findings of 'guilty' and the 'sentence' of imprisonment etc prescribed under the Indian Penal Code.
b) There ought to be a provision in the Cr.P.C. for awarding 'compensation' to the dependent Family-members of the murdered person, if he/she was the sole bread-winner in that Family.
This compensation shall be in addition to the normal Penal Consequences for 'murder' (i.e. imprisonment and/or ‘fine’)."
Note:
A copy of the above was sent to Hon'ble Minister for Women and Child Development, and she has thanked the Author for these suggestions.
Regards,
Prof (Wg Cdr) Gulshan Kumar Bajwa,
Fellow of SRC (Pune) -- Equivalent to PhD in Management
