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SC declines to entertain plea for reforms in law on rape and grievous injuries

The bench said "We can't legislate law after law. It's not for wisdom of this court to make legislation."
Last Updated 02 December 2020, 08:59 IST

The Supreme Court on Wednesday declined to consider a plea against publication of the identity of 19-year-old Hathras victim, saying it can't legislate law after law.

The top court asked advocates Kirti Ahuja and Kanika Ahuja, who wanted reforms in law concerning rape and grievous injuries, to make representation to the authorities concerned.

The petitioners said that the rape victims should have the right to appoint private counsels for fighting the cases on their behalf. They also sought amendment to Section 301 of the Criminal Procedure Code, 1973.

Their counsel pointed out that after the Hathras incident, many people searched for the victim on Google to find the victim's photograph.

"There is right to freedom of speech and expression. There are enough laws for this. It is unfortunate that these incidents happen and people don't follow the law," the bench said.

The court also said these issues have nothing to do with law as people want to do such things.

The counsel argued that the trials of such cases are also not taking place in a time-bound manner.

The bench said "We can't legislate law after law. It's not for wisdom of this court to make legislation."

"We appreciate the efforts of the petitioner. At the same time, this court can't make legislation and can't pass direction but petitioner is at liberty to make representation," the bench added.

The bench also said it hopes and trust that the government will consider it and take necessary action

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(Published 02 December 2020, 08:59 IST)

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