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Posts Tagged ‘Rape in India


justice

Problem Statements

  1. Lack of accountability increases arrogance and reduces quality of judgments.
  2. One single human error in making a judgement can cost several productive years of a common man.
  3. Lack of awareness about latest SC judgments of both lawyers and judges can cost several productive years of a common man.
  4. Placement of judges based on recommendations/influence (even from organizations abroad) is affecting the integrity of the system.
  5. Lawyers writing judgments denigrates and defeats the purpose!
  6. Lack of video recording and loud speakers makes litigants unaware of proceedings and subject to exploitation.
  7. Judges settling or help settle personal scores with litigants makes mockery of the system.
  8. Lack of analytical and philosophical skills produces only judgments not justice!

Solutions

To assure the public money is best spent and quality of judgement is maintained, there shall have a central body transparent to public capable of

a) Setting the standard procedure of hiring, maintenance of status and firing

i) Procedure for hiring shall include written test, aptitude test
and internship period

ii) After successful internship a status of “Judge” be given which

shall always be temporary.

iii)Periodic assessments/review shall be performed to maintain
the “Judge” status failing which they shall be put back into
the internship pool.

iv) The internship period salary shall be one fourth of active “Judges”

v) Firing shall be of those who lose “Judge” status more than 2 times
in their life time, and violates code of conduct which includes
but not limited to showing respect towards litigants and lawyers.

b) Setting standard procedure and panel for internal assessments/review of all judgements to ensure quality and eliminate biases

i) There shall be a profile of all those who are hired, maintained by
the central body, consisting of “Professional History”;
which includes, but not limited to, date of hire, status history,
attendance history, number of cases handled, duration of
each case, court name & address, links to judgments, whether
gone for appeal or not, salary info etc.

ii) All reviews and suggestions made by the panel should be published
online and shall come under the RTI act.

c) Video recording with audio and store all court proceedings; links of videos
be added to the corresponding “Professional History”.

d) Ensuring a minimum of 3 judge bench in all the courts including family courts,
lok adalat and tribunals.

e) Ensuring periodic workshops to reduce human biases, which shall be one
of the criteria for maintaining the “Judge” status.

i) Video record with sound and store all periodic workshops; links
of videos be added to the corresponding “Professional History”.

f) There shall be a standard process to address the grievances of public in
all of the above.


Assaultology Rapeonomics & Criminology

Assaultology Rapeonomics & Criminology

A lot of people including myself are utter confused about what is going on in India. A good number of them even quit thinking about this or refusing to talk about it.. Not because of lack of interest but instead its brain twisting, tiring and unable to reach a rational conclusion.

When there is a road accident, obviously, the wrong doer has to compensate the victim; who is at wrong is decided by the justice system and there are companies who give insurance coverage for such unexpected incidents in return for a relatively small monthly premium. Take another scenario where a person incurred damage using any products or services the manufacturer or the service provider, whatever the case may be, is made responsible for paying the compensation. If the State is at fault then State is made liable. If there is a natural disaster like earthquake, where no one is at fault, governments do pay reliefs to the victims. See, the logic and economics are very easy to understand, isn’t it?

Now here is another whole different scenario where one party consciously does a crime and the State compensates the victim using tax money. You might have never heard of a deal like this in any other country! Does that sound very promising, where a third of the nation are unemployed and another third makes hardly enough to stay alive. Not done yet; add gender to the equation. Surprisingly enough, this utopian deal is only for those who have certain organs. I know, I know… Article 15(3) of the Constitution allows the State to discriminate based on gender. I’m also aware of the fact that international politics works on the basis of UN defined ‘atrocities’ and “Responsibility To Protect”, “humanitarian bombing” and all the rest of it, where the “definitions” are made by the groups which are of imperial interests. As per recent report of Intelligence Bureau foreign stakeholders are running Dalit movements and Women atrocities movement within the homeland of India. But, is that the reasoning behind 33% ban on male candidates in state police? Is that the reasoning for 50% ban on men, in certain panchayat/municipal constituencies? Is that the reasoning for total ban on men in certain public transportation? Is that the reasoning for no legal protection for men under Domestic Violence Act, Workplace Harassment Act so on and so on… What I failed to understand is, is there any boundary for this provision? Is it open for abuse? Where to draw the line and say enough is enough? In olden days missionary-imperialist nexus consciously and deliberately gave undue privileges to certain groups of people on the basis of physical differences, brand them into various sects in order to divide, rule and wipe out all national identity and cultural heritage. Are we facing the continuation of their same agenda using tactically improved ways towards their unattained goal?

Don’t get me wrong, I’m not against financial support/relief/compensation/penalty or any such legal jargons. I’m just trying to understand what are we gaining by total systemic neglect towards half of the population? It has gone to the extend that our State records rarely have the word children, its “Girl Child” now! Is this a step forward or several steps backwards? Would un-opinionated people of India, if there are any left, wake up and say no to this propaganda politics and start asking for reasoning?

The following is the information collected through application under Right To Information Act, so far, from a small jurisdiction in India. Please pay attention to the verbiages highlighted and also the figures in the table given below.

 

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facestrialJustice Verma committee recently suggested the government to recognise and penalise rape with in marriage. Feminists across the nation are conducting demonstrations where ever possible to get this enacted. Those who control the media encouraged it to condition the public view regarding this. Media took this as a great opportunity to get some extra viewers and readers. But government rejected the suggestion saying that there is no consensus on this issue yet and the subject which has far reaching consequences is not debated well enough. Let us set aside our impulses, sentiments and prejudices and attempt to check whether or not the demand is valid.

Even though Justice Verma committee report is the first official INDIAN record (to my knowledge) to include the phrase “marital rape”, it was originated from Rockefeller’s UN CEDAW committee. For all practical purposes of this debate, lets take this report as the source and go by that. The CEDAW report suggested to remove the exception of marital rape from the definition of rape in indian penal code. The report lays out all the existing definitions and also cites various supreme court decisions regarding rape. The question what remains is that, whether or not “consent” for the purpose of IPC 375 is implied within marriage for every intercourse.

To answer that, first we should differentiate intercourse within and outside marriage. To differentiate that further, obviously, we should define what ‘marriage‘ is. Undoubtedly, marriage was originally a religious concept which was later hijacked by the State. So what is marriage as per the State? Well, that depends on what kind of religious belief one follows. For Hindu followers, the State has defined Hindu Marriage Act (HMA), 1955, followers of Islam didn’t allow the State to hijack their beliefs so they can follow their own Shariah law, followers of Christianity the State has defined Indian Christian Marriage Act, 1872, for others the State has defined Special Marriage Act. Since majority of the Indian population are Hindus we shall check HMA 1955 first, to see what marriage is…

Section 2 of this Act says, it is applicable to anyone who is governed by the Hindu law or by any custom or usage.

Section 3(a) defines

the expressions “custom” and “usage” signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy; and Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family;

That’s what the State says; lets take a look at what the religion says:

(i)According to the Hindu scriptures marriage is the basis of all religious activities. In the words of author K.M Kapadia marriage is primarily for the fulfillment of duties; the basic aim of marriage was dharma.

(ii) Procreation: In Hindu families the child is given a very important place. According to Rig Veda, the husband accepts the palm of wife in order to get a high breed progeny. According to Manusmrithi, the chief aim of marriage is procreation; Mahabarat has also maintained the same view.

(iii)Sexual pleasure: The Hindu scriptures have compared the sexual pleasure with the relation of divine bliss. According to Vatsyanyan sexual pleasure is the chief aim in marriage.

So, “consent” for the purpose of IPC 375 is already established in those marriages solemnized under HMA 1955. The beneficiaries of this particular Act are those who follow the Hindu beliefs, so it is obvious that they enter in to marriage with those principles laid out in their holy scriptures. That being said, if State wants to recognise marital rape among this community, then it has to repeal Hindu marriage Act to begin with. There is a severe race condition here which makes that impossible! Other religions derived from Hinduism should be following the same principles. So their consent is also implicitly validated.

For those who follow Christianity, even though Bible has no clear definition of marriage, the commonly held beliefs as per http://christianity.about.com/od/whatdoesthebiblesay/a/marriagecovenan.htm

  1. The couple is married in the eyes of God when the physical union is consummated through sexual intercourse.

  2. The couple is married in the eyes of God when the couple is legally married.
  3. The couple is married in the eyes of God after they have participated in a formal religious wedding ceremony.

Here also sexual intercourse is considered as an essential ingredient of marriage and hence consent is implied. If State wants to recognise marital rape among this community, then it has to repeal The Indian Christian Marriage Act, 1872!

What’s left out is the Special Marriage Act. Here also the State is leaving the definitions customs and usages to the religions, so “consent” for the purpose of IPC 375 is already established in those marriages too.

Conclusion

To me it looks like the only option for those spouses who are doubtful about possible rape attempt or rape is to get out of the marriage. There are plenty of women centric laws to make that process easy and fruitful; (male victims please excuse). As mentioned above, conceptually, marriage is a license for sex; either for procreation or physical pleasure. Just the way the license to drive a vehicle is issued; you are allowed to drive, but if you break the rules you get a ticket to pay the fine, not a life sentence. Same way, Domestic Violence Act already deals with sexual abuses that resembles a traffic violation; only drawback is it doesn’t recognise male victims and that is what we need to fix!

I don’t believe that, in a smooth running family all of a sudden one spouse pounce on the other and rape him/her. Forget about violent sex! apparently, what Indian couples face is a serious problem of lack of sex. See this Times of India article Indian couples have less sex? Well, that doesn’t surprise me; in general, sex dies within early years of marriage but the relationship continues based on the emotional bonding and the newly generated biological relationship through kids.

The bottom line is, don’t let United Nations define our internal laws; welfare of women is not their goal; they are up to bringing New World Order and depopulation; family laws should be family friendly; it should not be a tool to break the family or settle scores or to make a deal.

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injustice

3 member Justice Verma committee wrote 644 pages long report in 18 days [last date to submit deliberations was on Jan 5 and report came out on Jan 23rd, hence 18days; skeptics can add few more days at will] after scrutinising about 80000 deliberations submitted by public!!! Unbelievable huh? Whatever it may be, lets assume that they did it, they did a great job! Let us assume there was no involvement of political hyenas waiting for the right event to push their hidden agenda. Let us not be cynical and go over the report in nondiscriminatory way. Before we peep into this monster report let me remind you the purpose for which this committee was constituted; The report itself says “This Committee was constituted by Govt of India Notification No. SO(3003)E, dated Dec 23, 2012 to look into possible amendments of the Criminal Law to provide for quicker trial and enhanced punishment for criminals committing sexual assault of extreme nature against women. If your brain is not over-sensitised and biased towards women I would solicit your attention to this critical analysis.

First of all let me point out the unprecedented references to United Nations in the report. Justice Verma, please enlighten me with India’s constitutional liability, if any, towards meeting the UN agreements, rules, regulations, goals and standards. Why would a sovereign nation’s law making process ever consider the UN orders and obligations towards them? Are we subservient to Rockefeller’s United Nations? Were the committee got paid by the tax payers or by the globalists?

Interestingly enough, this committee made an astonishing finding that the main villain is “patriarchy” that impairs the dignity of women. During the 30 days period this committee had contacted several government authorities like Delhi police commissioner, chief minister, CBI, National commission for protection of Child Rights, National commission for women, various registrars of high courts across the nation, so on and so forth; but I couldn’t find any questions asking for the role of this main villain in the offenses committed in their respective jurisdictions. Since their responses are not included in the report I don’t know how did the committee reach this conclusion!

If I get the concept of patriarchy right, it is a form of social code-of-ethics and conduct practiced by some religious communities where men takes the role of protector and provider, and women live a life free of cost. A peculiar setup in which, from cradle to grave everything is provided to women. Now Justice Verma committee recommends to shift that role, not to the sovereign women, but to the government. Remember, this is a government which do not even recognise the value of time, the need to have proper sanitation, even the need of enough public latrines and don’t know how to run the ones that exists! First they make enough draconian laws to boot away men from women and then pull the plug; just the way Aadhaar scam worked, first they announced cash transfer to lure the naive and strip the entire public off of their privacy and valuable information, put them all in a database like criminals, then they say cash transfer is possible only after everyone gets bank account!!! I know, I know you are lost; but don’t worry read on, I will try my best to clear the smoke screen.

There are some excellent recommendations in this report which definitely deserve some applause. In general most of the suggested amendments are gender neutral. Recommendation to introduce separate sections for gang rape, repeated offenses and differentiating rape from other non-violent assaults are laudable. Report also lays out a clear procedure of investigating sexual assault cases. Here I’m listing only those that caught my attention and I feel inappropriate.

This committee lays out a long description about female feticide, infanticide, malnutrition, tradition and religious practices, Khap panchayaths, honor killing and all those typical radical feminazi arguments and failed to quote any references or citations to the basis of those claims. None of these are backed by any scientific studies or surveys and to my knowledge these are not gender issues. And then the report says,

In view of the above, we come to the following conclusions and make the following recommendations:

As far as prevention of rape is concerned, (which is obviously not the set goal of this committee) the suggestions set forth by this committee are very silly like installing street lights, provide sanitation, outlaw tinted glasses on vehicles, increase police patrol etc. There is no constructive plans laid out to overhaul the totally dysfunctional justice system.

Committee decriminalise child sex or encourages it?

Committee recommends that the age of consent be reduced to sixteen. It says, this is not to criminalise consensual sex between two individuals even if they are below eighteen years of age. This is because UN convention on child rights 11th December, 1992 said so and Government of India has acceded to that. See, now Rockefeller’s United Nation decides at what age kids in India can have sex! Unless and until we have veto power in UN we should not honor any of the madness they create. Why didn’t the committee recommend to amend marriage acts to reduce the marriageable age? Is it intended to create a community of unmarried teen parents?

When the right of private defense of the body extends to causing death:

The present suggestion to amendment IPC Section 100 is gender neutral and fits quite well in a genuine crime scene. But the suggested clauses like intention of committing rape, unnatural lust, intention of kidnapping or abducting are extremely hard to prove. What is the definition of “unnatural lust”?

Reading it together with the other suggestion of recognising sex without consent inside marriage as rape and the numerous murder cases where men and women are murdered for money or extramarital affairs, this clause, if implemented, will only do more good to such murderers than to genuine rape victims.

166A. Public Servant knowingly disobeying direction of law

This suggestion recommends to punish those officers, with imprisonment for a term which may extend to five years rigorous imprisonment and fine, who do not record information given to him under Section 154(1) of the Code of Criminal Procedure; but it only applies to a handful of sections!!! Is it any less crime if they do so in other offenses?

More over considering the magnitude of the abuse of other women centric laws like domestic violence act, 498(A) and even the existing rape clause “sex based on marriage promise”, this clause, if implemented, will open up new greener pastures for unscrupulous women and will over-burden judiciary and tax payers.

326A.Voluntarily causing grievous hurt through use of acid etc:

This is an attempt to classify a crime based on the tools used for the assault which appears to be very naive and not well-thought. More over, it will bring 10+ years of imprisonment for a crime as minor as leaving a scratch, cut or bruise; to me it looks like an attempt to target the Muslim community as it includes genital mutilation; all under the cover of acid attack!!! Point to be noted is that “Irreversible damage” is not a precondition here. As I mentioned above, now it is gender neutral but worth keeping an eye on.

354. Sexual Assault and Punishment for sexual assault

Committee failed to define the offense in an unambiguous way leaving lots of confusion that can result in total destruction of basic human values and will lead to utter chaos as what happened in domestic violence act and IPC498(A) cases.

(a)Intentional touching of another person when such act of touching is of a sexual nature and is without the recipient’s consent;

What is the definition of “sexual nature” here? Is that depending on the perspective of the judge who hear the case or is that based on the perception of the ‘victim’ or something else? Should the consent be written, oral or should no-news be considered as good-news? At what point a gesture of affection become assault, is totally missed out in this recommendation.

Section 375: Rape

Here, taking out the most absurd clause “sex under the false promise of marriage” is extremely laudable. Hi-fives to Justice Verma. If passed into law, this will definitely reduce heck load of work off the shoulders of police and judiciary for sure. Even though the language of definitions are generally gender neutral and acceptable the following explanation is bit icky.

Explanation III: Consent will not be presumed in the event of an existing marital relationship between the complainant and the accused.

Explanation IV. – Consent means an unequivocal voluntary agreement when the person by words, gestures or any form of non-verbal communication, communicates willingness to participate in the specific act.

Provided that, a person who does not offer actual physical resistance to the act of penetration is not by reason only of that fact, to be regarded as consenting to the sexual activity.

It is icky not because the definition is unclear or wrong, but because it undermines the legitimacy of a relationship which is considered to be sacred by many. If a couple cannot find agreement in the act of exercising fundamental bondage, they shouldn’t be living together in the first place; neither that relationship is eligible to be called as marriage. In the case of Sexual harassment at workplace bill, the main argument for not making it gender neutral is by challenging the number of incidents of such harassment happened to men. In this particular case of marital rape, it would be easy to collect medical reports if any such violent incident ever occurred, but none got cited here. This provision only helps to simply deny consent as an afterthought and so doesn’t attract any merits. I know this is an imported piece of legislation from morally underdeveloped western countries. Until we lay out a proper investigation procedure and legislating prenuptial agreements, this piece of recommendation has to be totally discarded. No spouse should bet 7+years of their life (possibly their very life itself, if IPC100 recommendation becomes law) to run a family. What is the need to make the institution of family so ugly, dangerous and a hostile environment? If the goal is to reduce population by discouraging marriages, let me tell the committee with all due respect, it’s not to meet this purpose that we tax payers paid you.

CrPC Amendments

Amendment to the proviso to section 160. Lifting the age limit of boys from 16 to 18 is greatly appreciated. The investigating officer will have to record his statement at his own residence.

Insertion of Section 198B:

Wife can accuse husband for rape and court has to take cognizance but if husband does the same courts cannot! Husband has to go the police file a complaint, and convince the police and at the mercy of the officer he may or may not get justice. Is this the constitutionally guaranteed equality before law as per Justice Verma? Embarrassing!!!

AMENDMENTS OF THE INDIAN EVIDENCE ACT, 1872

Amendment to Section 114A

114A. (1) In a prosecution for rape under sub-section (2) of section 376 or for gang rape under Section 376C of the Indian Penal Code, where sexual intercourse by the accused is proved and the question is whether it was without the consent of the other person alleged to have been raped and such other person states in his/her evidence before the court that she or he did not consent, the court shall presume that she or he did not consent.

This is the most notorious and shameful suggestion in the whole report. Conviction based on Presumptions and assumptions are a total disgrace to any modern justice system. This contradicts with the basic principles like “treating innocent until proven guilty”,  proving an offense “beyond reasonable doubt” and also takes away the inherent right of judiciary to apply its mind!!! If implemented, it will enable any women to file rape suite after any type of intercourse; whether paid or unpaid. It opens up the pandora box for the blackmailers and retaliators totally discarding natural justice!. Shame on you Mr. Verma!

Amendment to Section 146

it shall not be permissible to adduce evidence or to put questions in the cross- examination of the victim as to his or her general moral character, or as to his or her previous sexual experience with any person.

Hard coding moral rules into an Act is not a progressive step. I am not a proponent to put restrictions on what to ask or what not to ask. Lawyers should ask this this and this, don’t ask this and that, court should presume this this and this, assume this or that; what is going on here? Is this recommendation coming from a former Chief Justice? Absurd! It may, if otherwise earth is going to stop oscillating, fit in the Bar Council Rules but definitely not in any Act or code.

AMENDMENT TO THE ARMED FORCES (SPECIAL POWERS) ACT, 1958

This one has already gained its fair share of criticism. See what Times of India reported.

I have almost 1,000 personnel under me, and they are spread across some five kilometres. They could go on leave, or temporary duty. How am I to ensure their sexual conduct throughout the year, 24 hours a day?” asks a Commanding Officer of and army unit.

http://timesofindia.indiatimes.com/india/Verma-commission-report-draws-armed-forces-fire/articleshow/18174402.cms

Some obvious questions.

I hope now you got an insight about the rotten and stinky parts of this report. Do you think it is for the good of the society to have this kind of irrational laws? Do you think it is for the benefit of women in the long run or even in the short run? Do you think these are human errors? Do you think this is a step forward, as a society? Do you think it will improve our civilisation? If your answer to any one of those question is ‘No’ what would you think is the reason for this “mistake”? What are the chances that this report is highly influenced and politically inflated? What is the reason to allocate several pages bragging about constitution, gender equality and what not, but at the same time lay out a SEPARATE bill of rights for one gender? Isn’t this an attempt by a political party to play the good samaritan role; the savior of women; the champion of women empowerment and the chances of that party is so weak and feeble in the upcoming election? Do you have at least 10% hope in implementing 1% of this report? Do you think it is a political gimmick wasting tax-payer’s money? Do you think there is external influence in destabilising our social fabric? What could be the reason to include baseless unscientific unproven feminazi delusions in this report? Why is UN so important for internal law making of a sovereign nation?

New World Order operative’s plan to destroy the foundation of our nation is working out pretty well.

Morons in India are applauding it as women empowerment.

Who is the single largest sponsor of feminism? Rockefeller Foundation…

Where is UN head office sitting? On Rockefeller’s property (though donated)…

Who is running ICICI bank? The Rockefellers…

Who is running Council on Foreign Relations (CFR)? The Rockefellers…

Who wants to implant RFID chip on every human being on earth? The Rockefellers…

What is the first step towards RFID? Aadhaar/UID

Who is Rothchild’s puppet? The Rockefellers…

Who wants to introduce Aadhaar/UID in India… THE BANKS…..

Who is the the Father of RBI? Lord Rothchilds….

Who is the financial advisory of Govt of India? The Rothchilds

Read “Is boy preference a brain product of CFR” and learn more.

उत्तिष्टता जाग्रता प्राप्यवरण निभोदता

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JSVerma

Honorable Justice Verma Committee

This is with reference to the invitation for suggestions on amendments to Criminal Laws relating to Safety and Security of Women. I do believe that laws can protect people but I also strongly believe that laws can only protect people from the aggression of that particular offender. So, if the idea is to prevent an incident like Delhi gang rape from happening ever again in the main land of India, IMHO, we need to take a three step approach (not quick-fix workarounds) as listed below; sorted based on priority.

  1. Strengthen self defense laws so as to make it people-friendly as opposed to governance-friendly.
  2. Overhaul the criminal justice system to deliver quality judgments on a time bound manner.
  3. Improve and standardize law enforcement procedures.

Strengthen self defense laws

It is impractical and impossible to give police protection to every single women in this country. Historically, Indian police and law enforcement authorities have been posing the major threat to women. And it is a known fact that nearly 99% of them evade the legal process and go scott free. Any steps towards that path will be doing more harm than even an ounce of good. This is where Gandhiji’s words makes more sense than anything else; “Among the many misdeeds of the British rule in India, history will look back upon the Act depriving a whole nation of arms as the blackest.” [Autobiography page 446].

All citizens have the natural god given right to self-defense, which is recognised by the Indian Constitution as well as the Indian Penal Code, however this right is meaningless without the right to have the tools of self-defense! Honorable bench of Supreme Court (D.K. Jain, H.L. Dattu) ruled in Sikandar Singh & Ors. vs State Of Bihar on 9 July, 2010

25.It is well settled that the burden of establishing the plea of self defence is on the accused but it is not as onerous as the one that lies on the prosecution. While the prosecution is required to prove its case beyond reasonable doubt, the accused need not establish the plea of self defence to the hilt and may discharge the onus by showing preponderance of probabilities in favour of that plea on the basis of the material on record. In Vidhya Singh Vs. State of Madhya Pradesh16, this Court had observed that right of self defense should not be construed narrowly because it is a very valuable right and has a social purpose. (Also see: Munshi Ram & Ors. Vs. Delhi Administration17; The State of Gujarat Vs. Bai Fatima & Anr.18 and Salim Zia Vs. State of Uttar Pradesh19.)

The only hindrance to citizen’s right to self defense is now the Government of India. I humbly request the honorable commission to seriously consider urging the government to amend Indian Arms Act 1959 and Arms Policies/Rules in a way that self-defense tools can be made available to the law abiding citizens as easy and cheap as knives and axes. Had any one of those couple who boarded the bus in Delhi carry a fire arm this heinous crime would have never occurred. Just by showing the gun or firing a warning shot could have prevented it, or in worst case scenario they could have injured the offenders if not take their life.

Showing Sandy Hook school shooting for denying this right doesn’t attract any merits because 99% of mass shooting spree in America happened in gun-free zones. (The offenders know that there will be zero resistance!) In Britain as well, when their government imposed a gun ban, crime rate went up 40%. [Handgun crime ‘up’ despite ban – http://news.bbc.co.uk/2/hi/uk_news/1440764.stm]

Overhaul the criminal justice system

1) Stop Abuse of The Legal Process. Consider false accusations equally heinous as the allegation itself. (conviction rate of criminal cases are under 30%. 70+% are false or fabricated or have no locus standi)

2) Take perjury as a serious offense and punish the wrong doers so as to reduce the abuse of law and free up the resources.

3) Stop Media Trial that influence and create hindrances in legal process.

4) Multiply the number of courts/benches 100 times (if needed) to deliver time bound verdicts. I believe, Justice Delayed is Justice Denied.

5) Remove hard coded “PRESUMPTIONS” from the statutes and let Judiciary apply its mind. Judging based on presumptions is tantamount to lawlessness!

6) Remove categorical exemptions in the process based on caste, creed and gender.

7) Implement complete judicial reforms including but not limited to make erring judges accountable.

a) Amend criminal procedure code to include trial by jury.

b) Let all courts have division benches rather than trial by single judge, to reduce human errors in making rational decisions. (If supreme court has more than 50000+ pending cases that is a clear indication that our lower courts are delivering crap)

c) Include judiciary in Public Service Commission to SELECT judges based on quality, rather than ELECT/NOMINATE them. If Judiciary is to be kept away from legislative system, then introduce Judicial Service Commission so as to ensure the quality of judges.

d) Implement a perceptual monitoring system similar to PMP in which managers have to undergo several assignments and meet certain criteria to maintain the ‘status’. Those who cannot maintain the ‘status’ should be disqualified to judge other people’s life. This will ensure maintain and improve the quality of judgments.

Improve and standardize law enforcement procedures.

It is time to quarantine the age old unscientific thuggish colonial style of investigation. It is worth imitating the most modern investigation procedures followed by developed countries like sexual assault forensic evidence (SAFE) kit, Sexual offense evidence collection (SOEC) kit or Physical Evidence Recovery Kit (PERK) kit. This way our law enforcement officers know how to deal with a sexual assault case and what all data/evidences that they need to collect in order to ensure a higher rate of conviction.Such a kit consists of small boxes, microscope slides and plastic bags for collecting and storing evidence such as clothing fibers, hairs, saliva, semen or body fluid, which may help identify the assailant and provide evidence supporting prosecution in a criminal trial.

Although a kit’s contents may vary, it may include:

  • Instructions
  • Bags and sheets for evidence collection
  • Swabs for collecting fluids from the lips, cheeks, thighs, vagina, anus, and buttocks
  • Blood collection devices
  • Comb used to collect hair and fiber from the victim’s body
  • Clear glass slides
  • Envelopes for preserving the victim’s clothes, head hair, pubic hair, and blood samples
  • Nail pick for scraping debris from beneath the nails
  • White sheets to catch physical evidence stripped from the body
  • Documentation forms
  • Labels

Most importantly there should be ample amount of forensic labs which should ensure no more than a weeks delay in delivering the results/reports. For fully implementing all the suggestions made above we can raise the funds by abandoning the invasive, tyrannical and illegal UID/Aadhaar project and divert the funds for building the most needed long overdue criminal justice infrastructure in less than 2 years time.

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cl

Wish you all a very happy new year.

May this new year give you all the strength to forget and ignore the pain of thousands of rape victims; adults and minors.

May this new year give you all the powers to give a blind eye towards all those who are facing false rape and other false allegations.

May this new year bless you with tremendous intelligence to find umpteen reasons for not involving in sociopolitical issues.

May this new year shower you with all the energy to simply sit and watch your civil rights, hard earned by your forefathers, eroding away.

May this new year grace you with a strong heart to watch your kids battling to get back the civil rights that their parents easily let go.

May this new year bring you all the necessary forgiveness to accept the misdeeds of corrupt politicians.

May this new year bring you enough patience to remain silent when your government screw you left right and center with artificial scarcity, unreasonable taxes, inflation and substandard living conditions.

May this new year bring you extraordinary hope to believe and trust anything and everything that you find in the media.

May this new year bring you creative thinking to stay in the illusionary world that the media creates for you.

May this new year make you comfortable in the UID/Aadhaar database, like a criminal, and accept the betrayal.

May this new year bring enough light from the uranium power plants so that you don’t need to see the darkness of Bhopal.

May this new year bring you more imports through Walmarts so that Vidharbhans can quit suicide.

May this new year bring you ample humor sense so that you can make fun of all battered husbands.

May this new year make you brave enough to call those husbands ‘cowards’, who are committing suicide every 9 minutes.

May this new year bring you enough reasoning ability to call every single suicide of a wife, dowry death and every intercourse a rape.

May this new year bring religious and spiritual enlightening to believe that everyone else’s believes are crap.

May this new year give you deep slumber so that you can remain in the dream for a better India and don’t do a damn to achieve that.

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1111

In less than a month after Justice Katju mentioned that 90% of Indians are idiots we have witnessed big demonstrations and violence in the name of “seeking” justice. I don’t think Katju was commenting about the IQ level of the people; he was pointing to the fact that how easy it is to trick the people using mass media. I do believe that majority of the masses do not have the time or interest in fact checking. They possess a strong belief that whatever media provides is ‘authentic’ truth. Apparently there is no reason to disagree that with a few exceptions. But the problem lies in ignoring the fact that, what media provides is only a portion of the truth. This is not intended to blame the media or discredit their work because like any other industry they are also working for profit. Most of them follow at least 60-40 ratio where 60% of the time/space is allocated for advertisements and 40% for news. So what we get is the “limited” amount of facts where that “limited” content will be the most sensationalised part of the facts.

Let us analyse the most recent incident. Well utilized RAPE in the recent history attempted to shed a great deal of light about that. What happened here is to cherry pick a real (read on and you will get why I said ‘real’) incident of rape and sensationalise it to the maximum possible extent so as to condition the thoughts of the masses to link to this incident when ever they hear about the word “RAPE”. It didn’t stop there; today one of the prominent malayalam news daily reported with the title “Increasing assaults; Only one fourth end up in conviction”. They also claim that India stands 3rd in the number of rapes with no mention about where that statistics come from. Here is what I found from UN International Statistics on Crime and Justice

regional

countryWise

Since people (most probably journalists too) do not spend time on fact checking they are not aware about the legal definition of rape neither they are aware of the proposed amendments in discussion. Those who are interested may read “Don’t make law against Rape – It’s our right”, says women! In Naom Chomsky’s words, this is Manufacturing Consent.

Well parented law abiding good citizens, having high level of values may question that why would anyone oppose a good intended amendment. Here is where the importance of fact checking matters the most. The report talks about 2,56,329 cases towards female assaults quoting National Crime Records Bureau statistics. Did they cheat you with the numbers… probably not.. Apparently, the numbers are slightly bigger as of 2011 reports

Category

Cases Reported


KIDNAPPING & ABDUCTION OF WOMEN & GIRLS

35565


MOLESTATION

42968


SEXUAL HARASSMENT

8570


CRUELTY BY HUSBAND AND RELATIVES

99135


IMPORTATION OF GIRLS

80


TOTAL CRIME AGAINST WOMEN (IPC+SLL)

228650


RAPE

24206


DOWRY DEATHS

8618

Total

261474

That much shows the numbers and categories. I haven’t made my point yet and that is to expose the truth that everybody knows. Yes, I mean it; everybody knows why the conviction rate is very less. Here is how…

Kidnapping and abduction of women and girls – Most of the cases that falls under this category are filed by relatives of women/girls who have made their own conscious decision to live with someone whom they chose as life partners. When relatives do not like that relationship or when they are unable to locate the missing woman/girl, they will file the case. Few days later after the marriage registration is done the couple show up but the case remains at the same state waiting for the legal process to complete.

A great deal of abduction cases are filed against fathers if the relationship is entangled in a divorce battle. This is done as way to take personal revenge or to ensure a bigger ‘settlement’ amount for the mother.

Molestation – It will be hard to finda kidnapping/abduction of women/girls FIR where there is no molestation charge in it. Does that warrant any explanation why someone kidnap or abduct a girl/woman? Again this is a divorce weapon widely used against fathers. I’ve first hand information from an NRI who is facing this charge for “molesting” his 2 year old daughter as part of his divorce battle!!!

Sexual Harassment – This is simply a made up category that comes under the penal provision “Outraging the modesty of a woman”. It is usually unable to prove unless there are multiple witnesses. But in those cases that i’ve reliable source of information, such a case is reported only when there are witnesses; in other words, when a normal human intimate relationship is witnessed by others, it becomes a sexual harassment case against the male partner in order to save the “modesty of a woman”.

Cruelty by husband and relatives – Up until the middle of the first decade of this century when men started organizing themselves against the bogus complaints and legal harassment this section was considered to be a widely accepted form of “cruelty”. Thanks to thousands of TV serials, movies and several hundred kilometers worth media columns of articles. The relentless efforts of men’s group and the studies they conducted exposed the startling truth that only 1.9% of cases in this category end up in conviction. More information is available in the book “Equality for Men – Myth or Reality” freely downloadable from www.internationalmensday.in

Rape – This is the most notorious crime that can ever happen to a woman. That is a general opinion until you go and do a study on the legal definition of rape. Recently Pune police reported that 74% of the cases that they deal with are consensual sex! Even though this comes from a crooked political party I was not surprised about what this leader said, 90 percent rape cases in Haryana are consensual sex, says Congress leader.

Dowry Death – Here i’m not commenting my thoughts but just copying what Delhi High Court chief justice Shiv Narayan Dingra mentioned while acquitting a mother in law from dowry death charges in Rani Vs The State of NCT of Delhi

Charges seemed to have been framed in a mechanical manner. No effort is seem to have been made by the Trial Judge either at the time of framing charge or later on as to what offence was made out.

  1. Every suicide after marriage cannot be presumed to be a suicide due to dowry demand. The tendency of the Court should not be that since a young bride has died after marriage, now somebody must be held culprit and the noose must be made to fit some neck.

I have intentionally left out one category just because of the low number of cases and the likely hood of bogus cases are nil or minimal. If you have read the links mentioned above and double checked with other available sources of information you will see a big disconnect between what you see in corporate media and the reality. The figures shown and the arguments made by the malayalam daily were not untrue but when we know more about the factual truth it doesn’t add up. May be because the journalists are not subject matter experts or they are not given enough time to do proper analysis or they are not given enough space to cover the whole story, but either way readers/viewers are screwed. Still some questions remain unanswered

If number of reported cases are the indication of rise in crime as opposed to convictions, why do we need to spend crores of rupees in running courts and law enforcements? We could directly file the complaint in jail and they can put the accused in jail with no due process of law. So, are the crime rate increasing or the rate of false and bogus complaints increasing? How are we going to ensure justice for falsely accused? Don’t they deserve the right to live with dignity just because a tiny minority of people commit violent crimes?

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