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    Delhi,India Gang-rape Victim Died | is it Real Time to Come for Restructuring the Law of Rape


    The Mount Elizabeth hospital in Singapore, where the victim was being treated. The victim died in the early hours of Saturday morning (29-Dec-2012), a hospital official said.
    As news of the student's death spread across social media in India, police sealed off large parts of central Delhi and appealed for calm.Six men have been arrested and two police officers have been suspended following the 16 December attack.
    Government is also examining the penal provisions that exist for such crimes and measures to enhance the safety and security of women. We hope that the entire political class and civil society will set aside narrow sectional interests to help us all reach the end that we all desire - making India a demonstrably better and safer place for women to live in.
    The victim and her friend had been to see a film when they boarded the bus in the Munirka area of Delhi, intending to travel to Dwarka in the south-west of the city.Demonstrators shout slogans as they are surrounded by the police during a protest rally in New Delhi The woman's case has sparked public debate as well as several days of protests across India.
    Police said she was raped for nearly an hour, and both she and her companion were beaten with iron bars and thrown out of the moving bus and into the street.On arrival at the hospital in Singapore, doctors said that as well as a "prior cardiac arrest, she also had infection of her lungs and abdomen, as well as significant brain injury".
    The government has tried to halt rising public anger by announcing a series of measures intended to make Delhi safer for women.These include more police night patrols, checks on bus drivers and their assistants, and the banning of buses with tinted windows or curtains.
    It has set up two committees - one looking into speeding up trials of cases involving sexual assaults on women, and the other to examine the lapses that might have led to the incident in Delhi.But the protesters say the government's pledge to seek life sentences for the attackers is not enough - many are calling for the death penalty.
    Since the Delhi incident, several cases have been highlighted of authorities failing to respond to reported rapes.
    Current Law Says :
    Gang Rape ( Sec.376 Subsection 2- g)
    "Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section. "
    Thus even if five men force a women into having sexual intercourse with only one of them, the remaining four will also be considered to have committed rape under this law.
    Punishment
    Rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.

    The National Commission for Women has identified nine areas for review earlier . These are:

    1. Review of the definition of rape
    2. Reduction of procedural delays
    3.Uniformity in age of consent under sections 375 and 376 of Indian Penal Code, 1860, to bring it in conformity with the Child Marriage Restraint Act, 1869
    4. Whether exception to section 375 should be deleted
    5. Whether section 155 clause 4 of the Indian Evidence Act 1872 needs to be amended or deleted.
    6. Whether statutory provisions are needed for compensation to the rape victim
    7. Whether provisions for counseling legal aid should be made mandatory under laws.
    8. Death penalty to persons convicted for rape
    9. Recommendation for enhancement of punishment in cases where the accused, with the knowledge of suffering from HIV infection/AIDS, infects the victim as a result of rape.








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