Judicial Activism vis-a-vis Indian Rape Laws

In India, failure to perform constitutional obligations by legislature and executive bodies, has forced the judiciary, to perform more active role, rather than remaining mere onlooker and sticking to traditional work. Therefore, to discharge constitutional obligations, judiciary has exercised and evolved its jurisdiction by courage, creativity with vision, vigilance and practical wisdom and have shown activism in numerous judgments in rape cases. To protect the interest of rape victim judiciary have granted the interim compensations to rape victim, compensation to foreign national rape victim, connected the offence of rape with violation of fundamental rights, mentioned not to question the chastity of rape victim etc. Sometimes, it has issued important guidelines to have legal assistance to rape victim, holding camera trial, to prevent sexual harassment at work place. And also held that, if victim turned hostile still the accused would get punished. Recently, recognized the „marital rape" indirectly. On the other hand to protect the interest on innocent rape accused the court have delivered judgments, mentioning that, the testimony of victim cannot be treated as gospel truth, conviction on mere conjuncture or surmise is not acceptable, if intercourse is committed with consent before marriage but failed to keep promise of marriage due to unavoidable circumstances does not amount to rape. In addition to these, court issued the guidelines about under what circumstances the death penalty or life imprisonment can be granted in rape cases. It means that, whenever required the apex court, became extra active and delivered the numerous judgments, not for vain glory but to perform constitutional obligation to protect the interest of victim of rape and innocent rape accused.