Bring changes in law on rape and gang-rape, implement guidelines on protection of identity of victim: PIL filed in Supreme Court

A PIL has been filed in the Supreme Court praying for reforms in laws dealing with cases of rape with grievous injuries, and for the Apex Court's guidelines on protection of identity of victims to be implemented..The petition has been filed by two lawyers in light of the gruesome Hathras gang-rape which was followed by several other incidents of sexual violence against women getting reported..The PIL terms the nation-wide protests that took place in 2012 after the Nirbhaya gang-rape as a watershed moment that amplified the need for changes in the criminal justice system to deal with sexual offences. However, eight years since, crimes against women continue to grow exponentially while also being severely brutal and barbaric, the PIL says, citing data from the National Crimes Record Bureau (NCRB)..It is pointed out that though criminal laws were amended in 2013, the same are not implemented on the ground level. Despite the amendment to the Indian Penal Code making the punishment for offences of sexual assault more stringent, the existing laws are failing to serve their purpose owing to procedural lapses and gaps in the system, it is submitted. The PIL adds,."It is apparent that the perpetrators have no fear of law, albeit they are fulfilling their monstrous desires by playing upon the weaknesses of our criminal justice system.".The laws need to evolve with the evolving times and must be harsh not only on the books, but also while being implemented, the petitioners state. As such, there is a need for further amendments to be brought to the criminal justice system, especially to the laws dealing with rape and gang-rape coupled with murder or grievous injury, so as to supply a deterring effect, the plea states..In this backdrop, the PIL prays for a direction from the Court to the government to bring in reforms and amendments to the law to make it more stringent and deterrent in cases of rape with grievous injury, gang-rape and rape/gang-rape with murder..The petitioners have also made the following recommendations:Make stringent provisions of bail for accused in line with provisions under enactments like POCSO,PMLA and NDPS;Give rape victims the right to appoint lawyer of their choice having all powers like that of a defence lawyer by making amendment in Section-301 CrPC.Bringing separate legislation to deal with cases of rape/gangrape with grievous injury/death.Providing for Fast Track Courts for such cases at trial and appellate stage and to implement the Amendment made in Sections 173 and 309 CrPC in 2018.Changing the provision of right to appeal by giving them only one opportunity of right to appeal.Bringing the provision of reverse onus on the accused.Making stringent provisions for punishment to police officials for intentionally making lapses in investigation by not following the law in such cases..The PIL also seeks a direction from the Court to the authorities to ensure that the existing laws are implemented properly..In addition to changes in the laws, the petitioners also highlight the menace of disclosure of the identity of the victims of sexual offences, which continues to happen despite guidelines against the same issued by the Apex Court itself. .Supreme Court bars Media from revealing identity of sexual assault victims.This issue was evident in the wake of the Hathras incident, where the identity of the victim was published by people on social media as well as by some news agencies and platforms.."Despite of having Section-228A IPC penalising such act, the identity of rape victims is not being protected. The reason being the unawareness among the public at large", the PIL points out..In light of the same, a direction is sought to the authorities to implement these guidelines and carry out awareness campaigns and programs and also to introduce compulsory subjects on gender sensitization, moral and sex education in the curriculum of schools..The petition is filed by Advocates Kirti Ahuja and Kanika Ahuja as parties in person.