Saturday, January 5, 2013

JUSTICE VERMA COMMISSION - SUGGESTIONS FOR QUICKER JUSTICE AND STRINGENT PUNISHMENT FOR CRIMES AGAINST WOMEN

SUGGESTIONS
FOR PROVIDING QUICKER JUSTICE
& STRINGENT PUNISHMENT
FOR CRIMES AGAINST WOMEN

As many of the readers may be aware, the Government of India has constituted Justice Verma commission for suggesting Quicker Justice and Stringent Punishment for Crimes against Women..

The Commission also has called for the views from members of Public and various organizations and legal luminaries. I am sure many would have tendered their valued Opinions.

 I am sure, Opinions on such a sensitive subject are bound to vary from one extreme to the other. Even so, the commission is expected to take a balanced view of the matter and come up with their expert legal opinion.

As an Individual, who examined the matter first from an emotional angle and then, with more information, from a more balanced angle, in my own Blog Posts, I have also sent my small list of suggestions to the commission today (5th).

I am fully aware, some of the readers will agree with my suggestions and my logic , while some others will differ in many ways. It is all in the game.

But, ultimately we are all together in wishing for the welfare of all women and men and for their harmonious relations. No woman shall face any gender related harassment in India in future.This is the objective of all of us. The contents herein may therefore be read in that light.

To

Justice Verma Commission,


The Public, including me, are happy that the Government has constituted the commission under your esteemed Chairmanship for examining and recommending measures for ensuring QUICKER JUSTICE and STRINGENT PUNISHMENT for crimes against women.

Unfortunately, this completely ignores preventive measures. We all know that - Prevention is Better than Cure. Yet,  we are only limiting ourselves to examine quicker Justice and stringent Punishment for crimes (already committed) against women. This is unfortunate. Yet, here I will be giving my views on this limited subject, with my reasoning for it.

Crimes against women may be classified as (i) those Crimes with Nuisance value and (ii) More  Severe Crimes.

1.   EVE TEASING :- Under crimes with Nuisance value, I will list EVE TEASING which happens in Buses, trains, colleges, Roads, Bus Stops etc. These are crimes being committed against women every day, on a very large scale. They can be stopped, even as they are occurring, the culprits can be apprehended on the spot  and they can be punished on the spot. 

We need to form Special squads for performing the following :- 

(i)             locating EVE Teasing instances at these sensitive spots,
(ii)           standing/moving in plain clothes
(iii)         preferably filming the events with modern gadgets
(iv)         apprehending the culprits on the spot
(v)           and getting them punished by a mobile court which can be standing somewhere nearby.
(vi)         The witness of special squad must be ENOUGH EVIDENCE in such cases. No further evidence needs to be insisted.
(vii)       Filming by Modern Gadgets will be of Great Help in finding serious culprits and segregating them from mere onlookers easily.
PUNISHMENT SUGGESTED : (i) For serious culprits, 3 months in Jail and for soft culprits, 7 days in Jail. If serious culprits are students, they must be compulsorily suspended from studies for 1 year. Soft culprits can be let off with a warning. In 99% of cases, there will be no recurrence. I had complained once to Southern Railway Public Grievances cell about such serious eve-teasing cases, 15 years ago in a specific train route, and the action they took (By them) was  ENOUGH OF A DETERRENT to wipe out the instances forever. That particular train route has never seen such cases thereafter. So, I feel, this level of prompt but minimum punishment is more than enough.

For a second offense, Punishment must be 1 year ; For 3rd offense, Punishment may be 2 years. There  need not be any discretion in this for the Mobile courts.

2.   Molestation not amounting to RAPE :- If evidence is sufficient to prove the crime, 2 years in Jail is sufficient. For a second crime, it must be 3 years. For Group / Gang Molestation, 10 years imprisonment may be prescribed. Here also, Court need not be given discretion on quantum of punishment, but only on nature of Crime.

3.   INDIVIDUAL RAPES :- In cases of rape without prior Intent, and happening on the spur of the moment, 3 years in Jail is sufficient.
Rape with prior Planning needs maximum punishment of 7 years imprisonment, without further discretion to the court to reduce the same.
Rape accompanied by grievous injuries to the victim must be punished by 14 years imprisonment.
Rape followed by death, whether by suicide or murder, must be punishable by DEATH.
Here again, No discretion for courts on quantum of punishment is needed. It can be fixed under law.

4.   GANG RAPES : Gang Rapes must be punished by death.

5.   Why not death as punishment for rape : (i) All countries are moving towards abolishing Capital Punishment. This applies even to Murder cases. India must not move in reverse direction, flying with emotion and against Logic. (ii) We have prescribed DEATH as punishment for the crime of murder. Some murderers in our country are also hanged to Death. We must answer the question, whether this has prevented or lessened cases of Murders in any way. It hasn’t. So, how will it reduces RAPE CASES? It will not. (iii) On the other hand, the punishment has the potential for unscrupulous persons trapping innocent persons in RAPE CASES. Most men have the weakness for at least consenting sex – and they can easily be trapped into a consenting sex with a woman -  which can later be termed as RAPE, even with video recording evidence. (iv) Video recording evidence in most cases is proof of consenting Sex, but the victim’s opponents can turn it into a rape case. So, death sentence is a dangerous Punishment in almost every case –except the most inhuman, gruesome, exceptional gang rape cases – like the Delhi Rape case.

6.   The only deterrent is Fair and Quick Trial and standard Punishment in proven cases – and not highest punishment.

Measures  for quicker justice :

(i)             Immediate Registration of Crime, (ii) Special squads for Investigation, (iii) prompt Medical examination, (iv) prompt apprehending of suspected culprits, (v) Prompt collection of all further available evidence,  and (vi) hearing on daily basis, with no undue Postponements – are the only measures needed for quicker Justice.
(ii)           Witnesses to the Crime – must preferably be examined by the Police at the site of crime, or at their premises – and not in Police station.
(iii)         Court must not call witnesses several times. Not more than 2 occasions of recording of evidence and cross examining for any witness must be enough.  Else, no witness will come forward for giving any evidence.

RAPE BY HUSBAND : I do not agree with this term at all. If a wife is not consenting for sex frequently, on various excuses, a husband may feel compelled under the Sex Urge, to have forced sex. Else, he may go for sex with another woman. SEX URGE is a dominant emotion in a young / Middle aged man, and its non-satisfaction within marital space is Bad enough for the man. 

But, this sort of sex may also happen under the influence of alcohol, which the wife cannot like. A husband has no business to approach wife under the influence of alcohol or drugs, or when she is sick etc.

If she feels it as RAPE, it is best to grant them divorce.That is not reason enough to call the husband a rapist and punish him under these laws. Half of India is full of men addicted to alcohol. We are not willing to stop that also.

If we fail to understand the NORMAL SEX URGE in a man, who is the more active partner in SEX always, we will not be understanding man-woman relationships at all.  

SEX never happens, WHEN WOMAN WANTS IT. It happens only when man has the SEX URGE. I am highlighting it to indicate the power of SEX URGE  on man. He becomes powerless under its influence many times.

That is the reason, many men today urge Government to ensure that in the Movies, TV serials and in general, in female  dress code, there needs to be certain restraint, so that man’s sex urge is not unnecessarily aggravated thereby during his interactions in day time. 

Man objects to obscene dress code – because MAN is the sufferer on this account. Put an obscene female poster on a busy road, and see how many accidents also occur. All due to many men watching the Poster. In case of man, it is obscenity if he does not cover his bottom part  with proper dress code. In case of women, it is her front part.

All ancient sages have highlighted this – including Adi Sankaracharya. You may have heard the hymn “naree stana bhara nabhee desam, drushtvaa maagaa mohaavesam”. If we think, we are all wiser than Adi Sankaracharya on this point, It is upto us. Even Siva’s own instance in case of Vishnu coming as Mohini is there. If we want to ignore all wisdom, it is up to us.

Any way, with all that, RAPES and crimes against women need to be prevented – and these are my suggestions.

Thank you for the Opportunity.

Yours sincerely

(v.vijayamohan)
Dt.5.1.2013.

My further Opinions (Not sent to the commission):-

If Minors are also indulging in rapes,  there is something grievously wrong with the elders in our society. We are probably provoking sex urge in all children too, but, with no outlet for the same. SEX URGE is not always under the EASY, CONSCIOUS CONTROL of the children or man, once aroused. This is a point that must be understood by us.

There is a recent case of a US School Teacher who was having sex with five of her students simultaneously, calling them to her home for the purpose, when husband and her children are not at home. It went on for quite a long time.  This has been found out and she has since been sent to Jail. The students, all minors, do not want her to be sent to Jail. Such REVERSE RAPE CASES are also there. 

The reason for stating this is - children are not born as RAPISTS. Boys get the SEX URGE at around the age of 15. It is an act of God. It is not always under their control. Control has to come by way of teaching self control and diverting the mind into other healthy pursuits. 

We are not doing this at all. As a society, we are probably at a big fault in respect of our children ! On the other hand, we are exposing children to sex and violence indiscriminately through our TV Channels and movies. The provocation may happen at home. But, the effort to satisfy this aroused urge may happen elsewhere or at home.

So, today, we may lower the bar in the Delhi rape case and punish the juvenile with death. 

But tomorrow, a 15 year old may rape a girl or a woman. In the Eve teasing instances, which I reported to Southern railways, my impression was, many were school students and others were young factory workers. They needed simple, but, prompt punishments. There is no doubt about that. But, they also can do with lesser incitement to sex and violence in them.

The  Best thing is - that such urge must not be aroused at all - except when man and wife are together in private. I may look orthodox - but, in my view, this is the Most Healthy method for all. 

That is why , I strongly urge that all ITEM NUMBERS, OBSCENE DRESSES, Prolonged rape scenes etc must not be shown on TV Channels. One argument against it is - foreign channels are there to do it. How can we prevent them? Prevent to the extent possible at least. Internet is there. What to do with it? Some sites devoted to PORN can be banned. Even if they are there, only a few will see them. But, if popular movies in India contain them, it becomes a compulsory exhibition for all members of family, including children, even at home.

One argument is - why all restrictions only on women? No . Restrictions are there and must be there on Men too. Do we show Men with their bottom portion naked? That is the obscenity for Men. Showing top portion naked or transparent etc - is somewhat obscene for women. But, many Men will cheer willing women to do precisely that, for obvious reasons. 

This is my understanding. All people will have their own understanding. So, All other people differ also. 

Is there an ABSOLUTE FREEDOM for either men or women to wear or not wear - whatever they choose, in public? I am including MEN too, to enjoy the same freedom as women, in dress code. If women are allowed complete freedom, let men also enjoy the same.

If there is to be such an absolute freedom - shall we as a nation allow NO DRESS  freedom also, for men and women (Both) who want that freedom- on our streets?

If NO DRESS, or NUDITY is not acceptable, where does the buck stop? How much of a least dress is permissible in a civilized Society? 

Let some one authorized by all of us together as a Nation, decide this matter - as to what is the minimum permissible dress code - there ends the matter. No one, neither you, nor me, nor any other individuals, nor TV ANCHORs, nor khap Panchayats, nor politicians need to play GOD on this. Let us agree to abide by a wise decision.

But, we all do know that 99.9% of all men and women in India are even now well dressed.  The problem is in respect of TV streaming of Obscene scenes - which is the Bigger provocation.

If some one authorized by all of us decides - we will all abide by that decision. Whatever it is. 

Ultimately, the objective must be that - women must be able to move with freedom anywhere in India, in absolute safety and security. We must also ensure trust and mutual friendship only,  among our male and female youngsters and elders - and not spread mutual suspicion and hatred as some of us are perhaps doing today.

Between men and women, who are more spoilt and more to reform, in India? I feel, it is men. They must stop drinks, drugs and corruption and learn to LOVE and respect people, especially women.

Sarve Janah Sukhino Bhavanthu !

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