“If there is a punishment like amputation of hands and feet, the fear of law will return” High Court’s comment during the bail plea of rape accused
Commenting on the need for a strict penal system to curb crimes, the Karnataka High Court has said that many times the rights and freedoms given to people in a democratic system are being misused. The court also said that under the existing laws, sufficient severity is not being taken against criminals, due to which the fear of punishment is decreasing.
This comment was made by Justice R Nataraj of Karnataka High Court during the hearing on the bail plea of a 23-year-old youth. The young man is accused of raping his classmate.
During the hearing, Justice Nataraj said that crimes are now becoming a normal and regular occurrence in the society. The court remarked, “The law has lost its teeth because we do not deal strictly with criminals. That is why it has become so easy to commit crimes, which is not the case in Middle-Eastern countries. If someone’s hand or leg is cut off, then perhaps people will learn to follow the law. But since we have a democracy, people take it lightly.”
However, this comment of the court was an oral comment made in the context of the case and is not being seen as any judicial order. The High Court has issued notice to the state government on the bail plea of the accused and has scheduled the next hearing of the case for June 8.
Advocate Ayantika Mandal, appearing for the accused, told the court that her client has been in judicial custody for almost two months. He claimed that his client has not committed any crime and should be considered for granting bail.
The case pertains to Manipal Institute of Technology, where a student has accused her classmate of sexually assaulting her against her will. According to the complaint, the two were in a relationship for some time. Later, the woman reportedly distanced herself from the young man after having doubts about his character.
It has been alleged in the complaint that despite the distance in the relationship, the accused forcibly had sexual relations with her. The police registered a case on the basis of the complaint and started investigation, after which the accused was arrested and sent to judicial custody.
At present the court has not made any final comments on the facts of the case. Further decision will be taken only after hearing the state government’s side on the bail petition. At the same time, the strict comments of the High Court can give rise to a new debate regarding law and order, increasing incidents of crimes and the effectiveness of the penal system.
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