Tuesday, May 12, 2020

Anurag Dash, Week 11

The letter to the Chief Justice of India by some of the most prominent individuals of the Indian legal system, Upendra Baxi, Vasudha, Lotika Sarkar and Raghunath Kelkar was concerned with the Mathura Rape Case and the criticism of the Supreme Court's verdict in the case of Tukaram vs State of Maharashtra. The letter strongly analyses and critiques the verdict in the sense that the judgement was against the original idea behind justice. While the court made comments on the girl being one of a "easy nature" but paid no adherence to the fact that the victim was a minor girl and was basically powerless to protect her own self against the two accused.Apart from that, other factors such as the social position of the victim and lack of consent were also not taken into consideration. The letter highlights a very key aspect about the judicial system. If the Apex Court of the country neglects such important factors while passing a verdict regarding rape, the lower courts as well as judges can also be further questioned. 

No comments:

Post a Comment