Jammu and Kashmir High Court: No Improvement a Decade After Nirbhaya

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The Jammu and Kashmir High Court, during the hearing of a plea challenging the life imprisonment of an individual convicted of raping his one-year-old granddaughter, has made a striking observation. The court remarked that despite more than a decade passing since the Nirbhaya incident, no tangible improvement has been witnessed. This statement was made by a bench comprising Justice Sanjay Dhar and Justice Rajesh Sikri while addressing a case from 2011 involving the rape of a one-year-old girl by her own grandfather in the Udhampur district of Jammu.

The bench emphasized the fundamental rights of women, asserting their entitlement to life, liberty, respect, and equal citizenship. The court highlighted that the honor and dignity of women are inviolable and must be safeguarded. Women, it emphasized, possess multifaceted identities and cannot be treated as mere objects.The court's statement expressed concern over the escalating crimes against women, particularly instances of rape, labeling it a stain on society. It condemned the society's apathetic attitude toward the violation of human dignity in cases of sexual crimes. The judgement also stressed the significant responsibility carried by the courts when trying individuals accused of rape.In the Udhampur case from 2013, where a petition challenged a life imprisonment verdict under Section 376 (2) (f) of the Ranbir Penal Code, 1989 (1932 A.D), the bench consisting of Justice Sanjay Dhar and Justice Rajesh Sikri upheld the lower court's decision of lifetime imprisonment and a fine against the accused, Bodh Raj.


The incident in Udhampur occurred on March 11, 2011, when a complaint was filed by a man named Subhash, alleging the rape of his one-year-old daughter by her maternal grandfather. The accused would frequently spend time playing with the victim, and on the fateful day, he took her to his room and committed the heinous act, leading to her hospitalization.The judgement from the Jammu and Kashmir High Court underscores the gravity of crimes against women and the need for stringent action to protect their rights and dignity. It reflects on the enduring challenge of addressing sexual crimes despite the passage of time since the Nirbhaya incident.


In conclusion, the Jammu and Kashmir High Court's poignant remark sheds light on the persistence of challenges surrounding women's safety and dignity. It reiterates the imperative for a societal and legal commitment to curbing such crimes and ensuring justice for the victims.


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⏰ Last updated: Aug 17, 2023 ⏰

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