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Topic: Issues related to women. . Indian Constitution- features, significant provisions.
2) Discuss the need for protection for both victims and accused in sexual abuse cases that have been on rise, what are the associated concerns ? Suggest measures to handle such challenges.(250 words)
Why this question:
The question is amidst a recent petition that has been filed in the Supreme Court to frame guidelines to protect the reputation and dignity of persons accused of sexual offences.
Key demand of the question:
The answer must evaluate the present conditions of sexual abuse that are on rise and the urgent need to provide for a framework for protection for both victims and accused in sexual abuse cases. You must suggest measures to be taken to successfully conclude upon such cases.
Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.
Structure of the answer:
Begin with a brief narration on current scenario.
- Discuss what are the major concerns related to such incidences – urgent need for guidelines to protect the reputation and dignity of persons accused of sexual offences.
- A person was considered innocent unless proven guilty by a court of law. If a person was falsely accused, his reputation would be lost forever and exposed to public ridicule for no fault of his. This would be a violation of the fundamental right to life enshrined under Article 21 of the Constitution. It does not only destroy an individual’s life but also creates a social stigma for the family members too.
- Disclosure of his identity, especially during trial, would lead to media trial. Besides, considering the wide reach of social media, the person’s name and even that of his family, which might include minors, would be exposed on the Internet. This would be a violation of their fundamental right to privacy.
- What needs to be done ? mechanism to uphold “right to reputation” which is an integral part of Articles 21 and 19(2) of the Constitution of India.
- Changes at policy level, societal level etc.
Reassert the urgent need for proper framework to be in place.