Challenges of Criminal Justice system in adjudicating Cases relating to Sexual Offences

Abstract

The criminal justice system is pivotal in upholding the faith of people in the judiciary. When the justice administration does not provide reprieve to societies pressing issues, it causes anguish in the mind of people. A weak criminal justice system has no deterrent effect on criminals, instead, it encourages criminality. A meagre rate of prosecution and conviction bolsters the miscreants to undermine the law creating a favorable environment for delinquents and deviants to thrive and risking the safety and security of law-abiding citizens with the constant threat to their life and liberty, freedom, dignity, and property. A time has come when we need to shift our attention from the rights of the accused to the rights of the victim. It has been long since our justice delivery system has concentrated more on the rights of the accused and somewhere down the line rights of the victims have been compromised. Gang rape and mutilation of 23 years old medical student, 'Nirbhaya' in Delhi on 16th December 2012 have shaken the conscience of the dormant population of India and recently 80 years 0ld lady from-Sonipat Haryana faced similar sexual brutality bleeding to death.2 It has encouraged the author of this paper to look into challenges faced by rape victims in getting justice. All credit goes to the media for igniting nationwide protest, leading to demands of reforms in rape laws. Similarly, media has taken an active role in sensitizing society. It has been observed that there is an impact of public pressure on the judiciary. Public pressure through mass media has ensured justice rather than stricter legislation.