Insensitive Nation over Rapes - Dismal Failure of Judiciary
Having written articles on “Rapes/Sexual Harassment” since early 1990s, including the “Nirbhaya – Jyothi Singh” gruesome murder in Delhi in 2012, Dr Priyanka Reddy, a veterinary doctor, brutal rape and killing by four on 6 December 6, 2019, and many other rapes of even minors and their killing, I cannot but lay the blame squarely on the door steps of Judiciary.
Why the Chief Justice of Supreme Court has not taken suo motto notice of the gruesome rape and killing of 2-year Post Graduate Doctor in Kolkata Medical College and delivers punishment – death by hanging in front of Victoria Memorial in Kolkata.
The NCRB report detailed a substantial escalation in reported crimes against women, soaring from 3,71,503 cases in 2020 to 4,28,278 cases in 2021 to 4,45,256 cases in 2022. The Judicial high pundits may note that their judgments have not deterred rapists on the prowl.
Good to hear Mamata Banerjee announcing ‘death by hanging’, but it must be done without delay in a strict time frame. Why subdued Maunavrat or muted position by TMC mouthpieces Mahua Moitra, Saayoni Ghosh, Rachna Banerjee, June Maliah and Dr.Sharmila Sarkar? Surely, they should have been on the streets of Kolkata along with the Doctors on protest rallies. Also, announcing a paltry sum of a few lakhs or so as compensation is a fraud. If genuine, they must compute for 40-years of service and compensate that may run into over 40 to 50 crores. Otherwise, it is also political gimmickry.
Remember always that RAPE IS RAPE. It is a violent and criminal act committed by the strong against the weak and meek. None should have any doubts on the above score. For “RAPE, PARTICULARLY GANG RAPE, ACCOMPANIED BY MURDER IS PLAIN AND SIMPLE MURDER”. How can it be treated otherwise if we claim to be a civilized nation of 5000 years cultural vintage? And, RAPE OF MINORS, PARTICULARLY BELOW 5-6 YEARS AGE, is also a most gruesome act done by a perverted individual. It should also be viewed as an extraordinarily cruel offence worse than murder.
Furthermore, the idea of “Rarest of Rare Cases” is also most abused by the high and mighty of the Judiciary to delay verdicts. They fail to their own cannon “Justice delayed is Justice denied”.
The latest laws is the Bharatiya Nyaya Sanhita, 2023 cover a wide spectrum of offences – Sections 63 to 71 from 10 years to life imprisonment to death varying with the type of offence committed. on laws related to sexual offences. They supersede the old Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure, 1973. Even they do not specify the time frame for disposal of the case.
The Media may attempt to raise the pitch against lawmakers and even criminals masquerading as ‘God Men like "Asharam " with political connections and followers; but the Media too have failed in their mission of bringing about sanity. The worst fraud is that the judiciary even grants them “Parole”. Add to the list the Sexual Harassment cases former WFI Chief and his son Brij Bhushan Sharan Singh besides the high profile case of JD(S) Prajwal Revanna, grandson of H. D. Deve Gowda.
The failure of the Judiciary to pronounce their judgments most expeditiously instead of delaying the cases in perpetuity – under the garb of “due process of law” – is the worst fraud. And, the accused on bail invoking CJI statement “bail is the rule, and jail is the exception” on the prowl for the next victim.
My question to the Chief Justice of India is simple. Where are the “Fast Track Courts” and why they have not acted promptly within a stipulated time frame of say 2-3 months? No point in blaming the “Police” for not filing the F.I.Rs against the perpetrators.
Just to recall the phenomenal delay in disposing the “Nirbhaya Case”, the Chief Justice of India may note that the Jyothi Singh’s rape case in Delhi to highlight the judicial delay at highest level. On 16 Dec 2012, the gruesome rape incident happened. Police took prompt action to identify and arrest the accused by 22 Dec 2012. On 2 Jan, 2013, CJI Altamas Kabir inaugurated fast track court (FTC) for speedy trial in the case. On 3 Jan, 2013, Police filed a charge sheet. On 17 Jan, 2013, the FTC started the proceedings. By 13 Sept, 2013, the Additional Sessions Judge awarded the death sentence. And, by 13 March 2014, Delhi High Court upheld the trial court verdict.
The Supreme Court stayed execution of the accused after allegations of a denial of fair trial in March 2014. After a 19 months delay, the hearing began in the Supreme Court followed by high drama extending over one year. Finally, on 5 May, 2017, the Supreme Court upheld Delhi HC’s verdict and rejected review pleas on 9 July 2018 by convicts awarded death penalty. Thus, the Supreme Court is squarely responsible for over 4 years delay (out of 6 years) in the high-profile case. If so, the Supreme Court too must accept its share of responsibility and accountability for the “Systems Failure”.
Surely, the Chief Justice of India can spell out strict time frames for the disposal of rape cases at all levels and make appropriate changes in the “Legal Processes” for speedy delivery of justice. Also, it is quite common for them to suspend police personnel (temporary) or transfer them or order enquiry commission (to buy time for people to forget the issue) and nowadays pay a huge compensation (Rs.35 lakhs in the recent case) as if it would erase the lifelong psychological trauma that they undergo.
In the past, even civil society is to be blamed for their divided posturing over the issue of capital punishment. In 2017, Gopalkrishna Gandhi, former West Bengal governor, grandson of Mahatma Gandhi stated “I feel that the death penalty and capital punishment belong to the medieval ages.” Ms Shabna Azmi, claiming to be a liberal, may cry ‘foul’ against capital punishment, particularly in civilized societies. And, there are many lawmakers like Mulayam Singh Yadav, Azam Khan and Akhilesh Yadav who justify the most heinous, barbaric and gruesome criminal acts as either “mistakes of boys” or “political mischief” or “blame the dress of girls” and so on.
Human Rights activists oppose “death penalty’ for the convicts. Such liberals are living in a ‘fool's paradise’ of make believe and delusional “civilized society” of modern India. How can they ever understand the pain of the parents who have lost their children or victims under the most heinous conditions? Quite a few invoke the word “sensitization” of all those in the society on the need to restore balance in the mindset of people at large.
If liberals think that they can change the mindset of different layers of society by mere pontification from AC rooms, they are simply ridiculous in their expectations. I dare ask some of them to go to the “Badlands of UP, Haryana, Bihar, etc” and make a concerted effort to change the mindset of the brutes.
Never too late to make laws and enforce them to restore modicum of civility is impossible. Time is running out; patience is also running out among people.
Wake Up! Judiciary – the Chief Justice of India - the law and order machinery delivers justice to the victims on a “real and genuine” fast-track basis at all levels. Specify time frames for disposal of cases at all levels.
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