NEW DELHI: Seven years have passed by since the Nirbhaya gangrape, but little has changed. Thousands of cases still awaits trial because of the slow wheels of criminal justice system which is yet to be fixed because of the several loopholes.
As per the amended Criminal Procedure Code (CrPC), a stipulated period of two months for completion of trial of rape cases was fixed, but it takes nearly eight months on an average for a fast-track court to record the statement of a rape survivor.
However, there are several other factors such as delay in getting forensic reports, repeated adjournments by either party in the case, increasing case load and vacancies at the judiciary level for this time-consuming process.
An FSL report takes at least six months to come out, though there are a few exceptions because of court orders. The delay in submitting FSL reports not only hampers trial, but severely affects the rights of the accused.
To correct the loopholes, vast areas of the criminal justice delivery system need reform, investment and infrastructure upgrades. More judges, prosecutors, courtrooms, and separate investigating and policing responsibilities are also needed.
“The procedure itself is quite lengthy that deters most of victims from fighting the case till the end. It is traumatic for the victim who has to face a society that considers rape as a social stigma only for the victim and not the accused,” senior advocate Rekha Agarwal said. She also stressed on fixed timelines for high courts, Supreme Court and at President’s office too for ensuring timely justice to the victims.
Agarwal also stressed on the need of finer investigation and strong prosecution but that would be possible only when vacancies are filled.