Tag Archives: Delhi High Court
India’s braveheart girl must have begun a new journey in some other mysterious world. Back in India, the land of her birth and also death in such a tragic fashion, after being gang-raped and sexually assaulted in most barbaric manner, leading to severe multiorgan failure, the protests have begun to lose momentum. That’s a typical course of action for any movement in India. It sooner or later, becomes part of fading memory and, after some years, many find it hard to recollect what exactly happened! Even in this case, eyewash gesture of setting another committee had been done, ignoring Supreme Court’s previous directions, which talked about safety of citizens, especially the women. In fact, constitutional provisions and Law Commission recommendations, if implemented with total sincerity, are suffice to take care of safety concerns of women, always left vulnerable to such cruel turns of destiny. One Lakshmi, researcher related with women’s issue, made a fitting remark in The Hindu: “She didn’t die of multiorgan failure, but it was the multiorgan failure of this society and the state which killed her.”
For instance, in this case, how was this bus with illegal tinted glass windows, allowed to move freely on the streets, and that too, when it passed through many police check-posts? What were the cops doing? Even in UP, cars with illegal glass windows, usually having, illegal blue/red beacon lights are in fashion. So why is the Traffic Superintendent, a mute spectator in this regard, when the policemen from the same department are so damn conscious about ensuring regular hafta (a form of bribery) at every crossing from the truck drivers? That’s because no body is interested in annoying the political goons, occupying the high posts as Ministers! The government and High Court wish that common citizens should act as guardians of democracy but have they ensured safety of the whistle-blowers? Before this case,Assistant Sub Inspector Ravinderpal Singh, was shot dead allegedly by Akali Dal leader local secretary (Urban) Ranjit Singh Rana and three of his associates on December 05, 2012, in Amritsar, Punjab, who had resisted the harassment of his daughter. In the same state, a gang-rape victim committed suicide on December 26, 2012, nearly a month after alleged gang-rape, which took place on November 13, 2012, being pressed upon both by police and the society to compromise. In this alleged gang-rape, a woman, identified as Shinderpal Kaur, played a key role. The point that’s being suggested is that popular anger which has got focused on “hang the rapists” or, for that matter, demand for more stringent punishment is absolutely misplaced. That’s not going to yield any better result.
The paid media, having struck unholy nexus, with the government, is constantly projecting rhetoric or misplaced popular sentiments. In United States and in other nations, despite having tough provisions, the rape incidents are quite frequent, even as the better implementation of strict provisions have ensured lesser victimization rate. The point worth considering is that they have given to wider considerations side-by-side stricter laws, which includes concerns related with widespread denial of women as potential sexual aggressors, female-female rape, distinction between forcible and non-forcible rapes, rape of males by females and etc. The researches there also included the impact of drugs, especially alcohol. Even though timing of entering into contrasts with United States is not okay, especially at this point of time, I am but compelled to do since angry people have given way to demand for tougher laws, forgetting that stricter laws can only work wonders when we have sound and sympathetic government machinery in action. Is that the case in India, wherein all sorts of legal provisions have got limited to law books alone?
Against this backdrop, before I deal specifically with the Delhi gang-rape, I wish to clearly state that it would be fatal to confine the urge for changes to “safety of women alone” or, for that matter, demand for stricter provisions to prevent rape. This line of action is being deliberately highlighted under pressure from feminist wings, tactically supported by Congress government, which hopes to regain power with female voters and minority card in next Parliamentary actions. The mainstream media is also singing the same tune, because in wake of fear to lose government’s aid, it has no other option but to toe the stance taken by government. This whole drama which captured the nation’s attention from December 16, 2012, until death of gang-rape victim was a well-orchestrated show managed perfectly well by the paid media and Congress government. There are enough circumstantial evidences which give proof of it that the real story is something else and it’s more horrible than what we all came to witness in these past turbulent fifteen days. I will deal with this aspect later in this article but first let’s not ignore these pertinent points.
Had the protests been genuine and intentions of government honest, the demand would have not been focused on safety of women or rights of women alone, it would have been focused on better safety concerns for every citizen, irrespective of gender. The most horrible thing is that this time politics was done in name of this unfortunate girl, victim of brutal gang-rape, who is no longer in this world. This protest was given vulgar and aggressive shape by the vested interests with immediate and long-term gains in mind. The news of nuisance created by agents of Congress, belonging to NSUI wing, at India gate have now surfaced, and this confirms the suspicion that real story is something else. Three main reasons could be deviating attention of general public from its recent failures on all fronts, diminishing the impact of victory of Narendra Modi at national level, and, above all, an attempt to keep intact the female votes, by emerging as champion of female rights ( the way it tries to emerge as protector of minorities) in long term with some immediate steps in this direction right now.
It’s really ironical that on the one hand sponsored protesters, and foreign funded women’s organisations, are demanding for tougher laws, and, on other hand, this case is now being under the vigilance of Delhi High Court since it has taken suo moto cognizance! Now that’s pretty disturbing! What was the need to do so? May be its apprehensive that government machinery might play foul and delay the justice, and thus, it’s intervention becomes necessary to ensure fair and speedy justice! Without debating the merit of High Court’s decision to take suo moto cognizance of this case, I wish to know will superior courts always take moto cognizance of such cases to ensure fair trial once tough laws come into operation? In other words, we are mindlessly asking for tough laws in a nation, wherein monitoring of cases by superior court becomes necessary to ensure fair justice. In the United States, we have a fair system which not only ensures that tough laws operate within a perfect apparatus but also that cases be dealt in scientific manner. Imagine the consequences of tough laws in corrupt and biased set up which India entertains, wherein right from investigation to trial stage, everything is shoddy and flawed. Does our system has ensured that those abusing the process of law do not go scot-free?
We have already witnessed what has been the fate of tough dowry provisions and SC/ST provisions and still dare to believe that tough provisions would stop rapes in current set-up? Isn’t it was the fear of misuse which led to scrapping of POTA provisions? I am afraid it would only lead to further deterioration of men-women relationships, which is the agenda of foreign sponsored feminist institutions (weakening the institution called family and marriage) and also of secular parties, which breed on chaos and disorder. I mean we are living in times, wherein rape has become some sort of tool to settle scores, a weapon to blackmail, to an extent that even consensual sexes, after love gone sour, gets projected as rape. I am sure a little commonsense, instead of expecting everything to be achieved with the help of laws, would yield better results.
We should not forget that we are living in times, wherein, an actress, Maria Susairaj, can enter in one of the most macabre murders, ever intercepted by world of crime. That’s why instead of a knee jerk reaction, a conscious approach which ensures that cases are dealt in light of merit, not governed by biases for any particular gender shall create better days. Mere strict provisions, with ample scope of their misuse shall only make females become natural enemy of males. There are many MPs and members of state assemblies,booked under rape charges, and if they are asked about it they would let you know that they have been falsely implicated! Their versions may or may not be true, but it does give you an idea that either legal system is being used to settle scores or it’s not being used at all! Against this backdrop, how would you ensure that tough provisions would ensure justice? Let’s have a glimpse how this system functions. The death of constable Subhash Tomar, amid the violent protests at India Gate, is now shrouded in mystery. The autopsy report suggests, that death was caused by a sharp object but the witnesses claim that death was a natural affair and no such attack was involved! See the contradiction.
But we are living in strange times. The mere appeal to women to dress properly or maintain right visiting hours is seen as some sort of curtailing their rights or independence, and not as commonsense. That’s because so-called lust for absolute freedom, on par with corrupt theories sponsored by feminists, have robbed of their ability to think in simple terms, making them see every such sound advice as insult of their beings. For instance, I am sure even a men, however strong may he be, run the risk of being attacked and killed, if he dares to move on streets all alone during nocturnal hours! So is there any point in seeing a crime in a gender specific way and demanding safety of women alone? Check the data and you would find more number of men killed in tragic way. So should I start campaigning for safer world of men? Attack and getting killed is more failure of law and order, instead of something born out of gender specific cause. Another idiotic argument presented by the feminists, and modern girls, is that wearing provocative dress is no invitation to rape. That’s true and I agree whole-heartedly with the counter offered but what I totally disagree is that provocative dressing creates no impact. That defies psychological laws. It’s a common phenomenon that both female and male physiological responses i.e. erectile responses are involuntary in wake of anticipating atmosphere surcharged with sexual stimulants.
So why are we trying to create a system, which mainly tries to accommodate demands of one sex, not in tune with common sense and psychological aspects? Mind you even “gun-culture” would not ensure a safe scenario if some basic sociological principles get avoided. That’s the reason why gun-culture in United States has not ensured desired result. Anyway, I am not suggesting that following such simple steps, rapes would become a rarity or, for that matter, decently dressed woman would altogether be free of sexual assaults, but these simple steps would ensure a significant drop in crime against woman. That’s exactly what Vrinda Grover, lawyer and women’s activist, is trying to say when she says that: ” There is no evidence to suggest that the death penalty acts as a deterrent to rape…….Certainty of punishment rather than the severity of its form could act as a deterrent.” (The Hindu)
It’s also strange that gang-rape of this girl is being projected as awakening of this nation but it’s really baffling to understand what exactly are we trying to say when we say so? Are we trying to say that had this girl been not gang-raped we would have never awakened? That’s why I feel this huge protest is orchestrated or it’s totally redundant. That I say so since Delhi has already attained the infamous title of being “rape capital of the country'” long back ago. There were 568 cases of rape, registered in 2007-2011 period. So was Delhi and whole nation sleeping? The Times of India news report from where I picked this data, quoting a police official, stated: “Former IPS officer Y P Singh said the police informally classify rape into two categories: technical and violent. ‘In case of technical rapes, there is an element of consent involved and there is no violence. Some examples are a lady caught red-handed in an act and then alleging rape; a man inducing a lady with a false promise of marriage and having intercourse. There have also been cases where departmental seniors have called for wives of suspended juniors to stop the husband being dismissed from service,” said Singh.”
At the time when this case caught the limelight, an unfortunate mother in Uttar Pradesh, was struggling hard to get justice in a case involving suicide of her daughter, after being gang-raped. However, neither the media nor the concerned higher authorities including District Magistrate paid any attention to her grievances. That makes it even more important to understand the true elements constituting the protest at India Gate and Jantar Mantar. That I say so because in past we have witnessed murder most foul like Naina Sahni murder case, Madhumita Shukla murder case, Jessica Lal murder case, and brutal rapes like one involving Aruna Shanbaug and rape of a twelve year old mentally challenged girl by a drunkard in Mumbai local train even as the others remained a mute spectator, and now we pretend that after December 16 gang-rape, nation has awakened, and, thus, demand greater safety of women!
How can we forget the brutal gang-rapes of two Mizo women, abducted from Dhaula Kuan, Delhi, and repeatedly gang-raped in moving vehicles in 2005 and 2010? Why we did not then gave way to such awakening? In fact, they were too dumped on the street, unconscious and without clothes, very much like the December 16 tragic episode? They were not subjected to injuries of grave nature but they are still facing emotional trauma.”The condition of this woman is worse as she seems to have lost her mental balance after the incident. “I have been told she still flows into a fit of rage, bangs her head against the wall and keeps on inflicting injuries on her private parts,” informed one of the members belonging to the Northeast Support Centre & Helpline while narrating the normalcy report of 2005 case victim.
That’s why it becomes more than necessary to intercept this December 16 gang-rape case under the lens and scrutinize its each aspect very deeply. The moment you do so, you realize that this tragic episode, was used very shrewdly to serve some vested interests and there are many dark aspects, which have not at all surfaced despite being vast media coverage in sensational way. One might differ with my conjectures/hypothesis but the very facts point towards well-planned conspiracy to first blow out of proportion such episode and later conceal or destroy the evidences so that real picture never surfaces. Let’s deal with such dubious aspects one by one. First of all, many who had gathered at India Gate/Jantar Mantar were people belonging to women’s rights association and as per unconfirmed news reports there were disturbing elements from one political party to make the protests go out of control! The same thing happened. So that means less number of people from general public-the cattle class- and more people from dubious sections of society were mourning at the India gate and Jantar Mantar -the two spots which got maximum coverage by the mainstream media- demanding safety of women, which led to killing of constable Subash Tomar!
Secondly, we need to know who was behind the decision to carry her to Singapore based hospital? Why was that considered necessary and that too when it not only involved additional risk to patient but also involved huge expenditure involving taxpayer’s money? Medical fraternity is absolutely sure that there was no need to get her shifted to any other hospital, involving flight journey, when she was on ventilator, struggling hard to overcome multiorgan failure Since it appears to be more a political reason than a medical reason, isn’t that shows lack of insensitivity on part of political class? And secondly, a government claiming to ensure safety of woman, entered in such a cruel gesture when the whole nation was watching! It speak volumes about the decision making ability of Congress leaders, ironically, one of them is Lady Chief Minister of Delhi! Agreeing that Delhi High Court had remarked about shifting the victim to a super-specialty hospital but that was subject to advice of medical experts and limited to extreme conditions. And the medical team has already denied that they had no role in that decision! So who made this decision and for what reasons? It’s also curious that electronic media channels, who covered the initial sensational phase of the tragic episode, were the ones, who abstained from covering the last ceremony of the victim, wherein it’s learned that government acted with undue haste to get the last rites done quickly, much against the opposition of parents of the victim!
Anyway, the most sensational aspect happened while recording the statement of victim in the ICU. The Sub Divisional Magistrate Usha Chaturvedi was not only prevented from video recording of the victim’s statement by three senior police officers but also asked by them to ” use a questionnaire they prepared”. Now that says all. The episode took a serious turn, making the SDM report the matter to Deputy Commissioner (East) B.M. Mishra. The questions we need to ask and think over are: Whom was Delhi Police trying to protect? Why was it not interested in having the videography done? Who were the backstage people involved, who influenced Delhi Police to act in that fashion? As per news reports, the people involved, the six men charged with crime, are people from lower section of society and so it’s highly impossible that top level police officers would react in that fashion and be head on with a superior authority unless some big fish is involved! And that too, at a moment, when right from Prime Minister to whole nation, everyone appeared to be damn conscious about ensuring justice for this lady! So what was the need for Police officers to prevent the SDM from following her own way? Isn’t it a stunning blow to the claims that tough laws would ensure better environment for women? With this sort of functioning style, it’s anybody’s guess that only innocents would be behind the bars, leading to weakening of the societal structure, which in turn would help the foreign agents, in tandem with anti-India forces, to create more space for their direct control of affairs in India.
Anyway, I leave upon conscious readers to frame suitable answers for these disturbing questions. Right now I just pray for that departed soul: May you always rest in eternal peace. Hope Lord gives you all, what you failed to achieve in this ephemeral world, governed by human sharks, promoting their deadly agendas. Angels like you have no room for survival in this world.