Saturday, December 22, 2012

DELHI GANG RAPE - ACT NOT ON PROTESTERS - ACT ON GANG RAPISTS - POST-3 Dt 22-12-2012) - TACKLE EVE TEASING ON WAR FOOTING - CREATE SPECIAL SQUADS & COURTS - 3 MONTHS MAX TO PUNISH CULPRTIS IN ALL CASES


DELHI GANG RAPE PROTESTS

ACT NOT ON PROTESTERS

ACT ON GANG RAPISTS


(POST-3 Dated 22-12-2012)


URGENT MEASURES NEEDED



For once the women (or Girls mostly) of Delhi have said, Enough is Enough. Hang the RAPISTS – is their uniform refrain. Amend the Law, Hang the rapist- said almost each of the Demonstrators in Delhi. At least in respect of the GANG RAPISTS,  I totally, totally agree with them.

But, it is really sad that these protesters were tear-gased and lathi-charged, very indiscriminately in Delhi. My first and foremost suggestion to ALL CENTRAL  and STATE GOVERNMENTS and COURTS is – for God’s sake, stop these brutalities on peaceful protesters  Enough is Enough. We are now not in British Raj. Lathi charge should be only for VIOLENT MOBS – not at all for peaceful protests. 

Police must be sensitive to the issue agitating the Protesters. Eve-teasing can happen to their womenfolk too in Delhi that they are Policing  - they must remember that. We all need Urgent measures to avert crimes against women - and that is what all these peaceful protesters were asking! We just can't have our women folk feeling so much insecurity in our capital city.

I am suggesting the following measures. The Home Minister has been responding well to many issues. I do hope, he will respond to this issue also very fast and very appropriately.

LATHI-THE CRUELLEST WEAPON : The present shape, size, length, diameter etc of the LATHI were designed in British time. They continue till now in the same or perhaps worse shape. These are designed to BREAK BONES and incapacitate people for a long time. They can even kill a person. A blow with this Lathi  is itself a huge punishment for any human being, without any court punishment for any crime. Even a Buffalo cannot perhaps bear these lathi blows. And, Police do use it with all their strength, several times even on the same person, as we can see in all videos. They also use it several items on a fallen person, in a very cruel way.  As in all other cases, there are no statistics on what happened to such persons who received lathi blows in India in the past. I strongly suggest to all Jurists and those in decision making capacity to reduce the DIAMETER of this lathi to HALF of its present diameter. It will still inflict severe wounds on the skin but will not break the most useful and strong bones in the body. The person will not be crippled with this modified Lathi for life. When we talk of Police Reforms, I feel, modification of lathi and modifying the cruelty inflicted on peaceful protesters are two significant reforms I would suggest.

CURRENT GANG-RAPE CASE - WHAT ACTION : The Fast track court must start functioning within a week; proceedings must start and the GANG RAPISTS must get their punishment within 3 months from now. The Law must be amended to include HANGING as the punishment for GANG RAPISTS. FAST TRACK COURTS must be the norm in GANG RAPE CASES. The punishment of HANGING  must apply to all GANG RAPE CASES currently being investigated. All women’s organizations and Men’s organizations must demand this.

OTHER CRIMES AGAINST WOMEN : In other rape, molestation and eve-teasing cases, we must leave it to the Judiciary to assess the circumstances.  But, the punishment should be given within 3 months – in all rape cases, if the crime is proved. One way or the other, the case must come to a clear, satisfactory end within 3 months. Judiciary and Police must take this seriously. Today’s punishments under law for rape are not that bad, but can be improved further. But, their implementation is very bad.

IS DEATH PENALTY NECESSARY IN ALL RAPE CASES : I must point out that a hundred murder cases of men and women would have occurred on the same day that this Gang rape has occurred. No one is even talking about any of them. How many will be really convicted in those cases – God only knows. Even for Murder, only in rarest of rare cases, death penalty is awarded but not for all murder cases. GANG RAPE and attempt to murder are what have happened in present Delhi Rape case. This definitely deserves DEATH PENALTY. Other Gang rape cases also deserve death penalty, if not for all, at least for a few of the rapists. But, in all other rape cases, I feel, as a crime, RAPE, is slightly lesser than Murder. It does not deserve death penalty normally. For a serial offender, death penalty may be deserving. When all nations are doing away with death penalty totally, we can’t be extending to smaller offences than Murder and Gang Rape.

ATTACH SOCIAL STIGMA : But, I propose an additional punishment. I propose as additional Punishment (like in olden days) that - every confirmed rapist’s head must be shaven off completely and paraded through all streets in DAY LIGHT (at least 10 miles) with a Flag stating – I AM THE RAPIST. Or, he must be kept standing in a central, busy locality for about 10 hours like this in full public view.

This must be done especially in his place of present residence with shouting by the people accompanying (either Police or Police and members of public). This must be done for every SERIOUS, HARD CORE EVE-TEASER AND MOLESTER. Strong Social Stigma must attach to the RAPIST, molester and Eve-teaser. Today, it is not there. Many care less about Jail. But, will care more about such social stigma.

EVE TEASING IN DELHI : The one major point I stress (as in my last Blog Post) is about EVE-TEASING in Delhi. Delhi must stop  ALL EVE-TEASING, at all costs. The normal, routine Police is quite incapable of tackling this level of EVE-TEASING. There should be SPECIAL SQUADS who must travel by Buses in civil dress, identify SERIOUS OFFENDERS, drag then out of the Bus immediately and take them into custody. Ten days minimum Jail must be the punishment given to the offenders caught by the special squads, by special courts, WITHOUT SEEKING FURTHER PROOF. Those caught by special squads are OFFENDERS. As simple as that. Special squads must also keep vigil near Bus stops, in trains, near colleges and so on and catch the offenders. Near Men’s colleges, number of offenders may be initially more – but the Squads must do this exercise at all such places for about three months in Delhi. Punishment for offenders caught by the Special Squads must be awarded by the special courts on the SAME DAY. Then, this process can be repeated weekly or fortnightly one day.

ALL STATE CAPITALS : A similar exercise must be done in all state capitals simultaneously – so that EVE-TEASING is rooted out in all state capitals. This is a TOP PRIORITY EXERCISE for all Governments. We just can’t have this level of eve-teasing in our society.

LADIES-ONLY BUSES : All Metros must introduce ladies only Buses at peak times in much greater number than at present. The kind of jostling and over-crowding that happens with the present number of Buses is one primary cause of EVE-TEASING.

PERMIT PUBLIC TO HANDLE EVE-TEASERS : Why do public not respond in case of crimes on our roads and buses and trains? The biggest problem is posed by none other than the Police and –even the courts of Law. If you don’t do anything, there is no problem for you. Problem is only for the woman being teased. But, if you quarrel with the eve-teaser, scuffle with him, or beat him, the Police will start teasing YOU. You will be called to Police station, you may also be taken into custody, the woman also may be taken into custody; then, if and when the matter goes before courts, the case will drag on for next 10 years (by current standards); and you never know when you will be called as witness or even for the crime of quarreling with eve-teaser. Our systems are bad enough – to ensure that there are NO WITNESSES for any crime. This was the case with the GANG MOLESTATION INCIDENT of Guwahati, Assam.

This should change. If public beat up a criminal, an Eve-Teaser, a gang molester, and if the eve-teasing incident is a fact, the Police and the court, from day one, should stand by the woman and the Public. Calling the public often and on to court or Police station  is totally incorrect. Record their statements once – preferably on the spot, or in the court. Then, they should not be called at all. If public are allowed to handle criminals without fear of courts and Police, our crime rate will come down to some extent.

For the Delhi Police Administration - the current Gang rape case is the acid test – to show their efficiency in dealing with the case and in averting all such cases in future.

PS : SEE MY 2 PREVIOUS DETAILED BLOG POSTS ON SAME TOPIC AT :





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