Monday, December 24, 2012

Delhi Gang Rape or Rape of Goodness

Bitter truth is that rape of girl is taking place every day in every town and every village of the country. Hardly one or two percent of such ugly incidents come to light .Victim of such assault on woman seldom prefer lodging a complain to police station.

Even if someone dares to do so , Police officials in most of such cases avoid accepting FIR from the victim. If somehow or the other , either under pressure of powerful politicians associated with victim or under the pressure  of mob , if police officials are constrained to  accept lodgement of  FIR in Thana , they seldom act  upon it . Or else, in most of the cases, police do not act seriously to frame full proof charges sheet and hence willfully present the same in court of law casually so that the guilty is acquitted sooner or the later. They seldom act in a way to ensure punishment to the guilty. Police officials decides the fate of such heinous crimes mostly either under pressure of musclemen or under the temptation of heavy bribe from the family of rapist.

If one of many thousand cases case is filed in court of law, the team of advocates comes into action to save the rapist in  greed  of heavy monetary gain in form of fees . It is advocates who manage magistrates, police officials and finally the judges to reject the case of the victim or to keep the same in abeyance for ever. They try to postpone the hearing on flimsy ground for years and decades. 

One may accept it or not , the bitter truth is that actual rapist is never punished by the corrupt system Indian has .Therefore it is not the paucity of act or legal provisions to deal with rapist , it is not legal constraints, it is not the issue that rapist be hanged or not, it is always the corrupt nature and malicious intention judges, that of executive body and that of enforcing agencies who distorts the provisions of law and who safeguard the interest of the rapist , not the victim and who willfully delay the justice, delay the process of punishment and indirectly help the rapist and frustrate the victim..

Therefore the key issue is how to punish the enforcing officials and executives who rape the case and who deny the justice to the victim by their corrupt nature and malicious intention 

As a matter of fact it is not the case of rape only, in all cases of crimes related with corruption or murder or misuse of power by the government servants and powerful politicians or default in payment of statutory dues or injustice in the matter of recruitment and promotion , it is always the victory of person who can manage and manipulate the system by power of money and muscle.

High class rich people in the country can spend crores and crores of rupees in winning the case in court of law filed by the aggrieved person. There are thousands of cases which are languishing in various courts of law for years and decades only because they are  related to powerful politicians or sons and daughters of eminent politicians who are found to be involved in heinous crime, who are found to be guilty of big financial scam or scandals, who are found to be misusing powers for personal financial gains , it may be 2G scam or coalgate scam or mines scam or stamp scam or stock scam or UTI scam or land acquisition scam, CWG scam or recruitment and promotion related fraud and so on. Majority of cases lodged by victim remains undecided because they may not spend money as much as rapist or the criminal can do .

It is India where case of corruption related to Vadra , Sonia's Damad is decided in a fortnight by Harayana government to keep High Command of Congress Party in good stream. It is India where Minister like Salman Khursid is decided by Government of India without any hearing or checking of evidences and witnesses. It is Lalu Yadav who accused of involved in Rs.300 crore Chara Ghoatala has not been punished even after lapse of two decades and more and on the contrary he is allowed to remain as CM of Bihar or his is made Railway Minister. And so on----------

It  is India where corrupt government to get rid of punishment and to shut the mouth of persons and organization who raises exposes their evil deeds  without any hesitation or fear of law spends crores of rupees and uses all offices of power to trap and torture Ramdeo Baba, Bal Krishna, Arvind Kejriwal, Kiren Bedi and so on. 

In conclusion I can say without any if and but that India does not lack legal provisions to deal with rapist or to deal with any type of criminal or to stop corruption of corporate sector in nexus with government servants and politicians or to punish corrupt government servants who after taking bribe from evil doers misuse the power to rape the justice in its  embryo stage only or maximum in infant stage. 

Everyday lacs of people swallow the injustice meted out to them by the corrupt, inactive and inefficient system. I therefore say that lacs of persons are raped by corrupt people posted and sitted at powerful posts. 

Media is also not exception in enhancing the dimension of corruption and perpetuating the reign of injustice let loose by corrupt rulers of this country. Media men also mostly act on behalf of criminals, evil politicians and on behalf of those who can offer them precious gifts. Therefore the fate of rape victim or victim of corrupt system lies on not the legal provisions of the country but the almighty GOD.

‘Ye Desh sach me Bhagwan Bharose hi  chalta hai’

So far as violence and continuous movement by angry people of India demanding immediate justice to victim of Delhi Gang rape is concerned , I may again say the bitter truth that Indian government never understand the peaceful demonstration or complaints lodged in writing or fast unto death resorted by the victim, they only understand the language of violence. When some buses are burnt, some police jeeps are brutally assaulted , some demonstrators or police officials are injured and killed  and so on ,then only government people comes into action and unfortunately they forget the entire story as soon as the intensity of public is diluted and finally finished in course of time.

Present ruling government of UPA under the leadership of so called  great economist Mr. Manmoan Singh  usually blames Arvind Kejriwal that he does not take any of issues raised by him public domain upto its logical conclusion. The Bitter truth is that none of the government, none of courts, none of police offices and  none of enforcing or investigating agencies  like or have the will to deal with public complains to its logical conclusion in true spirit.


Criminals Do Not Fear Law

Criminals do not fear Law. In other words Judiciary and Police officials do not have will to guarantee justice in shortest period of time and neither do they have courage to take against high profile criminals.

It is bitter but the truth for this country that Criminals rather remain in peace if the victim files a case in court of law or lodges FIR in police station to seek justice. Because once the case is lodged in any court or FIR is lodged in police station it is very easy for criminals to buy the police officials or magistrate or judges through various brokers working for this purpose. This is why cases are not decided in courts for years and decades and this is why no action is taken by police officials on FIR lodged by aggrieved person or group.

Delhi gang rape case: Home Minister Sushil Kumar Shinde compares protestors to maoists

NEW DELHI: Union home minister Sushil Kumar Shinde's appalling indifference to the growing public outrage over the gang-rape of a young woman was on display once again on Monday when he said that it was not practical to expect the government or its leaders to engage with the protestors.
"If we meet students today, we may have to meet Maoists tomorrow. I cannot go and meet them. We cannot set a precedent. Tomorrow, if 100 adivasis are killed in Chhattisgarh or Gadchiroli, can the government go there? It is because this is Delhi you want us to go there," Shinde told a private TV channel. 

Shinde justified police action against protestors, who comprised students and women, and said that some hooligans and goondas had entered the crowd. "Hooligans and goondas had joined the protesters and were damaging public property and pelting stones, after which the police took action," he said. 

Delhi gang rape case: Home Minister Sushil Kumar Shinde compares protestors to maoists
The home minister came close to suggesting that the angry crowd that congregated at the India Gate should have called off their protests after his leader, Congress president Sonia Gandhi, met a group of seven protestors. "Soniaji had met some of the protesters on Saturday night and also assured of action. Then why such incidents occurred the next day," Shinde asked. 

Shinde said the government was committed to speedy action to tackle crime against women. "I have called a meeting with all state DGPs and state chief secretaries on January 4 to get details of rape incidents across the country and what action is needed to curb them," Shinde said. 

The home minister rejected the demand for special session of Parliament, saying that he has given one month time and will ensure action within the time-frame. BJP leader and leader of the Opposition in the Lok Sabha Sushma Swaraj had demanded a special session on the issue. 

When asked what his opinion on public anger over huge security being provided to VIPs and the common man feeling insecure on the roads of Delhi, Shinde said he will look into the issue. "I have collected suggestions and will work on it." 

The home minister's statement comparing Delhi protestors with armed Maoists incensed not only the agitators but also the opposition parties. "This only shows that the home minister lacks sensitivity to deal with the problem. He cannot see the rising anger on the streets of Delhi," said BJP spokesman Prakash Javadekar. CPM leader Brinda Karat said she was distressed by Shinde's statement. "It is difficult to understand this home minister," Karat said.

Nearly 1,000 rape cases await justice in Delhi courts

by  Dec 22, 2012
In Delhi’s six district courts, as many 963 cases of rape are pending as on 1 October. Should Sunday night’s gang rape case be admitted to one of these courts, it will be at least seven to eight months before the verdict is announced.
Delaying tactics by the defence, adjournments on frivolous grounds, insensitive public prosecutors and overburdened courts, say criminal lawyers, are some of the reasons why rape cases carry on for years without any hope of justice.

The Delhi High Court this week approved five fastrack courts. It’s a much needed and long overdue development that could result in rape cases being disposed of within two months, say lawyers.
Long-drawn trials, they say, is one of the reasons for low conviction rates in rape cases. “If a victim is called to depose before a court within three months of the incident, she is able to recall every detail of the crime. If the court records her statement three years later, the victim is more vulnerable to be being confused and manipulated by defence counsel during cross examination into making contradictory statements,” says Pervez Siddiqui, a criminal lawyer.
He recalls a 2002 case where a 17-year-old pregnant girl was raped, stabbed and then strangled with a rope by a man who left for dead on the JNU ridge. But the girl survived. She was found later that evening by students. It was two-and-a-half years before she got justice.
“We went through a lot of ups and downs. She remained at a shelter home during the course of the trial. And yet, there was a lot pressure on her. She was even offered money. But she remained determined. The accused was sentenced to 14 years in prison,” says Siddiqui.
There is an urgent need for all-round sensitisation of the legal machinery, he says, when it comes to dealing with a rape victim. “When a victim comes to the court, the public prosecutor often treats her as though she is just another witness. They don’t recognise her trauma. The public prosecutor must prepare her on how to face the court, on how to handle the cross-examination. This can only be done by sensitised person.”
Siddiqui mentions some changes that have been introduced in the interest of the victim. For instance, in-camera trial and refusal of bail to the accused until the victim’s statement has been recorded in court.
Sunday night’s gang-rape has brought under intense scrutiny every aspect of the enforcement and legal system whose lack of prompt and fitting action are seen as being responsible for the brazenness with which crimes, especially against women, continue to be committed.
For now, all eyes are on the Delhi Police and quickly they are able to wrap up their investigation.

UP rape victim raped by cops probing case

Crime and Punishment: Indian state faces assault, though from corruption, not from mobs

By Sanjeev Aga
On 9th April, 1919, Miss Marcella Sherwood, Supervisor of the Mission Day School for Girls in Amritsar, was assaulted and beaten up by elements of a mob in a narrow Amritsar street called Kucha Kurrichhan. She was rescued by local Indians who hid her from the mob and then returned her to the fort. This incident had followed a period of civil unrest in Punjab after deaths by police firing and then by reprisals. Brigadier Reginald EH Dyer arrived in Amritsar on 11th April, 1919 to take command. He designated the spot where Miss Dyer was assaulted as sacred. Under his orders, all Indians who crossed that Amritsar street, had to crawl a distance of some 200 yards on all fours, their bellies to the ground. The order took effect from 19th April, 1919 and stayed until 25th April, 1919. It is getting to be a hundred years since that infamous Crawling Order. But the metaphorical bruises suffered that week of April by every Indian, still smart to this day. 

Crime and Punishment: Indian state faces assault, though from corruption, not from mobs
Three generations have come and gone since the assault on Miss Sherwood, and it is now the Indian state that faces assault, though from corruption, not from mobs, alas with no rescue party in sight. The coal scam and the spectrum scam are but two illustrative examples. Not every corporate and not every policymaker is an assaulter or a scamster. In fact, when rules are bent, it is a zero-sum game; as there are benefactors and beneficiaries, so there are victims and sufferers. In the cited examples, sizeable sections of the Executive could not but know precisely who bent the rules, for whom, how and why. It is a different matter that the Executive determinedly turned its back upon identifying the perpetrators and turning them over. Just as the Executive lifted not one little finger to stand up for those it knew were innocent or the victims. All this under the self-serving and disingenuous stand that the law should take its own course. Well, the law did take its own course! And how! Treading upon the unfamiliar and slippery slope of spectrum, with no domain knowledge support or any other support from the Executive, the law smashed everyone and anyone standing at a particular spot on a particular day. Once again, in the case of coal mines, this time it was the State which shuttered many mines across the length and breadth of the country, never mind the individual rights and wrongs or the havoc wreaked. Those in the know of these two sectors will tell you that while some perpetrators were indeed hurt, some innocents were badly wounded, but some perpetrators have not even been touched. 

Meanwhile, on TV channels, these blows were cheered like Olympic medals. Writing of contemporary political processes, Ranjeev Dubey has likened Indians as mimicking the behaviour of excitable Romans, who fed up to their gills with allpervasive corruption, found both catharsis and solace in cheering lustily while gladiators engaged in the gorefest at the Colosseum. 

Pomposity of our rulers is as bad as Delhi gang-rape

By Shiv Visvanathan
Emile Durkheim, the great French sociologist, once observed that "socialism is not a science but a cry of grief uttered by an animal in pain". What Durkheim was pointing out was that many forms of protest are symptoms of pain rather than an analysis of a social problem. The journalist or a writer has to capture both sides of an event to be fair. 

Recent protests in the Capital have been christened with romantic names. They have been called a revolt, and labelled as the battle of Raisina Hill. Others have skeptically called it children's crusade and adolescent outpouring. I think the truth lies in the middle. 

In recent times, India has seen two outpourings of protest which have unnerved the establishment. Our politicians and bureaucrats often behave like objects out of Madame Tussad's. But a huge crowd can galvanise them out of an administrative stupor. The drama of the protest said something about youth, the city and the administration. 

Beyond it, this act was triggered by something deep and primordial, the phenomena of gang-rape. Gang-rape reflects organised animality. Women who are momentarily a subject of desire become an object of contempt, a focus of release to be abandoned later. 

Pomposity of our rulers is as bad as Delhi gang-rape
For me, gang-rape is the ultimate form of violence that terrorises woman. It can strike anywhere and often banalised through a clerical sociology. It is attributed to urban migrants, the homeless in the city with no way of relieving repression. 

However, gang-rape cuts across social strata. The woman can be sexually vandalised by men in a BMW, an Amby or workers in a private bus. Gang-rape unnerves a society. I have seen veterans, even combat-thickened journalists, tremble at the news. It is the ultimate zero-sum game of the city. Unfortunately, instead of responding to it as an animality, our politicians explain it away as fault of the victim. 

They either claim she is skimply dressed, or out of place in a city after nine o' clock. I must state that skimpiness is a more accurate description of the state of mind of our clerks and panchayats than of the victim. 

The woman here also becomes a reflection of the freedom, autonomy and professionalism that a city and its economy encourage, but which conservatives disapprove of. A shrewd observer once said: a woman as a victim is vandalised thrice - through rape, folk rationalisation and administrative response. What our leaders did not see is that the gang-rape unnerves the society. Families cannot be sure about when it will happen. 

A daily visit to the city can become a frightening encounter. Mobiles click in furious anxiety tracking the path of a returning daughter. The administration was initially callous in its response. It read it as normal as it was an occasional hail-storm. It filed it away as statistic, failing to read it as a major problem of a city. Content with dismissing the rape of Dalit women as an atrocity, it practised the same indifference to the event. It felt that the modicum of protest that usually follows would be controllable. 

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