Rape Versus Judiciary
“ You can tell the condition of a Nation by looking at the status of its women”

By Jawaharlal Nehru



Sexual offences like rape constitute an altogether different kind of crime which is the result of perverse mind. Those who commit such crimes are usually psychologically sadistic persons exhibiting the tendency in committing rape. Sexual violence, particularly rape is a global problem that does not spare any socio-economic group especially among young adults. The word “ Rape” has come from the Latin word “rapio” which means to seize.

Role of Judiciary:
Our judiciary system has played positive as well as negative role in rape cases, and our country judiciary is known as the independent wing of government.
In 1992  Vishaka Judgement  came about after the case received precendted media attention and for the first time the supreme court defined sexual harassment at work place.
Suo Motto vs State of Rajasthan popularly known as German lady rape case. The court laid down certain highly relevant guidelines for criminal investigations and trial of offences against women in rape cases.
Nipun Saxena and ors. vs State Supreme Court accepted the National Legal Services Authority Scheme called victim compensation for survivors of sexual assault and acid attack.
Thus, it is observed that judiciary being the third pillar of Constitution has played a vital role in finding the proper situation in rape cases. The Judiciary has tried to fulfill the gap between first changing society and rigid laws. Nirbhaya’s case has once again raised the question of inadequacy and lack of proper implementation of laws. Court can only lay down the guidelines but important role has to be played by the society in its implementation.

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