Page 32 - January 2020 IIssue new year
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Changing Facets Of Sexual Offences - An Indian Outlook


                                             cases in a more realistic            emotional, intellectual               B

        Awakening of the collec-             manner and not allow the             and spiritual plane. On the           R
        tive consciousness is the            criminals to escape on ac-           intellectual and spiritual

        need of the day. Change of  count of procedural errors  planes of consciousness                                 O
                                                                                                                        W
        heart and attitude is what           or technicalities as then            there is no question of sex           A
        is needed. If man were to            the criminal would receive  discrimination. Sexual                         R

        regain his harmony with              encouragement and the                offences are also com-                D
        others and replace hatred,  victims of crime would be  mitted on an emotional

        greed, selfishness and               totally discouraged if the           plane, which will need                U
        anger by mutual love, trust  crime goes unpunished.                       a deeper look and seri-               N
        and understanding and if                                                  ous efforts if we have to             I

        the woman were to receive  The courts are expected                        co-exist and undertake                V
        education and become                 to be sensitive in cases             positive development. It is

        economically independent,  involving crime against                        this lower nature with its            E
                                                                                                                        R
        the possibility of this per-         women. The verdict of                animal qualities that must            S
        nicious social evil dying a  acquittal made by the trial  be conquered by the spirit                            I

        natural death will not re-           court in this case is an apt  within man in order that                     T
        main a distant dream only.  illustration of the lack of                   he may become truly a hu-

        The legislature, realizing           sensitivity on the part of           man being. The control of             Y
        the gravity of the situa-            the trial court. It recorded         lower instinct is necessary           2
        tion has amended the laws  the verdict of acquittal on  in order that human being                               0

        and provided for stringent  mere surmises and conjec- rises higher.                                             2
        punishment in such cases             tures and disregarded the

        and even permitted the               evidence of the witnesses            As long as the satisfaction           0
        raising of presumptions              for wholly insufficient and  of the appetite and lust
        against an accused in cas-           insignificant reasons. It            of the flesh is included in

        es of unnatural deaths of            ignored the vital factors            man’s ideals and aims, he
        the brides within the first          of the case without even             can never rise above the

        seven years of their mar-            properly discussing the              plane of animalism. Flesh
        riage.                               same.                                here refers to man’s mate-
                                                                                  rial nature which violates

        The role of courts, under            An important aspect of               the spirit. Is opposed to an
        the circumstances assumes  human development or                           exclusive of it. Mere ani-

        greater importance and it            progress is to rise from its  malistic sexual expression
        is expected that the courts  mere animalistic physical                    has no more places in our
        would deal with such                 existence to reach a higher  civilization than would-

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