Give women gadgets to fight sexual violence: Madras High Court

Chennai: Deprecating rising sex crimes against women and girl child, the Madras high court has asked the central and Tamil Nadu governments to explore the possibility of providing gadgets to women to prevent sexual violence against them. “In spite of stringent laws, sexual assaults on women continue unabated.

The offences have to be analysed and examined on psychological, sociological angles also in an effort to prevent and bring down the offences in the patriarchal society. Gender sensitisation has to start from family level for gender equality”, said Justice N. Kirubakaran of the Madras high court while rejecting the bail applications of two accused Andrews and Prabhu, arrested in connection with the rape and murder of a 60-year-old mentally retarded woman at Koodankulam in Tirunelveli district.

“Hey, Bharatha Matha !!  Look how your daughters are being molested, sexually assaulted and murdered by some of the devilish creatures roaming in your land.

The said culprits could neither be termed “human beings” nor as “animals”, as even animals are noble in their own way” , observed Justice Kirubakaran while rejecting the bail applications of two accused Andrews and Prabhu, arrested in connection with the rape and murder of a 60 year old mentally retarded lady at Koodankulam in Tirunelveli district.

Narrating 5 cases of rape of children and women, in some cases murder also occurred in 2017, the judge said these cases reported in the media are only to show that the horrific and gruesome crimes are occurring unabated putting a question mark over the safety of women in India, in spite of many stringent laws.
It is shocking and disheartening to learn that even toddlers are raped. In February 2017, a seven-year-old girl was raped and murdered in Mugalivakkam, Chennai by a youth, the judge added.

The judge said, “Sexual assault is a violation of privacy, dignity, honour causing a permanent scar and continuous agony in the mind of the hapless victim. Everyone has right over her/his body and no one has right to infringe upon the same, without the consent of the person. In sexual assault, the victim's body in spite of her resistance/opposition, is vitiated by the perpetration by force, intimidation etc.”.

A physiotherapy college student “Nirbhaya” was gang-raped on December 16, 2012, in a moving bus in New Delhi and she later succumbed to the injuries.
Her sacrifice compelled the Central government to appoint Justice Verma Committee, whose recommendations led to the Criminal Law (Amendment) Act, 2013 amending IPC by introducing new sections 376-A, 376-B, 376-C and 376-D and adding sections 354-A, 354-B, 354-C and 354-D of IPC, Indian Evidence Act and Criminal Procedure Code. In spite of the above stringent laws, sexual assault on women continues unabated, the judge added.

The judge said, “Indian society is a conservative one and the country has leapt forward economically and sociologically in this electronic era. However, sadly, sexual violence against women and children are increasing day by day alarmingly”.

Pointing out the details of a number of crimes and rapes from the year 2005 to 2016 furnished by the NCRB, the judge said as crimes against women and girl children were shockingly rising every year, especially, sex crimes, most urgent measures have to be taken. Then, the judge posed the 25 queries to the Central and state governments.