Saturday, January 5, 2013

Suggestion to Justice J.S. Verma Committee to sternly deal with sexual assault cases



Dear Sir,

What happened in Delhi was just one of the million incidents happening in our country every day.But we may not continue to ignore them. Our major concern should be to preserve our race. The race which does not belong to any single caste or religion. The race which has been preserved for thousands of years by each and every religion of this land. The race which transcends the whole of the Land, The India. We have to protect our race, the race of this divine and holy land from being infiltrated by impurities. Our women are not born to be raped, to be attacked with acids, to be bullied, to become sati, to be beaten by the in-laws or for god sake any kind of atrocities. All our petty and mean interest must be sub-ordinate before the task of preservation of our race. And for this we must not take even a single step behind in process to clean our society. Rape or any atrocities upon women can be said to be the work of psychopath. Such psychopaths are an aberration in our race, weeds in our society infiltrating our pure and enlightened culture of human beings. Such weeds need to be removed, to be thrown out the society even if it amounts to denial of right to life to them.
Sir, following are my expectations from the government. I may not be aware of many laws which might be already implemented but then at least I am sure that such laws even though in existence have not made their presence felt.

1.       I firmly believe that instead of giving the post trauma compensation to the victims and their families (for incidents which could be prevented by a strict vigil) ,a way which used by the political parties to shrug off from their duties, the focus of the govt. should be to better utilize the money in capacity building of the security system of the nation. In each district at least 33% of the Post of Station House Officers should be occupied by a Women officer and equal proportion of constables and Head Constables. Similarly in each state 33% of the rank of Superintendent of Police (SP) must be occupied by Women Officer. Since the atrocities against the women is nation wide phenomenon and no region is escaped of this heinous crime, presence of Women officers in the public must be felt so that women in the society may feel more secured.
2.       There should be a Women’s Helpline number for each district with facility to immediately track the location of the phone number to help women who made the distress call. The helpline must be in continuous contact with patrolling team. Women’s Helpline must be under the direct control of Collector of the District. Such helpline should not be put under the direct control of CM of the state or any other minister of the state. The Helpline must be eligible to register the case upon receiving the distress call demanding immediate action. All calls must be recorded for improving the facility over the time by identifying the loopholes in the system and ensuring a strict monitoring system. Each case registered must be assigned ID which must be supervised by a respective police officer and the track of the case must be informed regularly to SP or Collector. Thus making senior police officers responsible for the law and order in their region and better accountability. There should be regular mock drills to check the efficacy of the Helpline.
3.       More forensic Labs to be established for speedier trials and faster collection of evidence from the crime sites.
4.       It is said that crime and Corruption doesn’t happen in public and crowded place but at a corner which remains isolated. CCTV cameras should be installed not only at Public places, building, colleges but also some isolated places near and in the cities which are susceptible to crime.
5.       Most of the cases go unnoticed because people fear either of going to police or due to societal compulsions therefore local police must be engaged in community policing and Police officers must be sensitized to understand the divine responsibility of security of the Human being bestowed upon them. Steps need to be taken to revive the lost trust of people in the Police System.
6.       10% of the compensation given to victims of gross and heinous crimes against women must be cut from the salaries of the whole police system of district right from district collector to SI who failed to check the crime taking place at first place and to make them more vigilant and giving them a sense of responsibility.
7.       The women helpline number must be adequately publicized in Newspapers, TV channels, Placards on the road sides and important public places. Police/NGO must regularly conduct sessions at Schools and colleges in their circles/region to increase the confidence of students among the Police, inform them about the susceptible criminal activities in their vicinity, help them to become smart citizens and sensitize them regarding the various social issues. Such events must be adequately publicized in the daily local Newspapers.
8.       Why parliament is overcrowded with only males. Do male member have some capability different from women to handle the administration? Or male members have different type of brain as compared to female members which give them advantage or right of ruling the country? Why the Bills seeking reservation for SC/ST/OBC and other minority get passed with complete majority and with no delays while the Bill seeking reservations for women lag behind for years just to get passed? If such a male dominant phenomenon and mentality strives in the very heart of the country then how the expectations of women empowerment be fulfilled for the country. It is true that there has been done a lot of injustice to our countrymen from SC/ST and minority sections of the society but a whole lot of atrocities, injustice are being done to Women of either SC/ST, minorities, or general, irrespective of their caste, then why are such reservations limited to local forms of government. Why not there are equal number of females in Parliament? Therefore I suggest that the reservation for women in parliament must be passed and government should show its genuine commitment towards the empowerment of women.
9.       The use of alcohol must be banned in public places. Drinking alcohol is a private matter and thus must be confined to four walls of one’s home. Few may argue that drinking without harming anybody should not bother to others. But can you read somebody’s mind if he has some criminal intent. Rather it is better to prevent the occurrence of such incidents. People drinking in public places must be heavily fined and on continuous breach of such rule must be arrested under preventive detention.
10.   One of the lacunae which is seen most of the times after the crime has happened is that Police personnel engage in an argument about under which police station’s jurisdiction the case falls and try to do hands off with the responsibility. The FIR must be registered to whatever Police station a victim reaches. The mental state of victim or his/her relatives don’t allow them to think about the jurisdiction of a police station rather a police man is seen as savior in such a distress situation. Also such an attitude inculcates the habit to shirk off the responsibility among the Police Personnel. Therefore to which jurisdiction the case belongs is an internal matter of Policing system therefore the FIR must be registered to whatever police station it comes. The case may be immediately transferred to the respective Police Station but that should be internal administrative matter. The Indian Police System must be made an integrated system and not a system divided between various circles while the common man remains unknown about the phenomenon of circles. It should remain functionally united but administratively divided.
11.   A non-bailable warrant must be issued in cases in which heinous atrocities upon women has been done like rape, acid attacks etc. I support the view that in cases where the victim is unable to lead a normal life the punishment must not be less than Life Imprisonment. The cases in which children are being raped, murdered or mutilated must be considered as rarest of rare case and should be given death penalty. Atrocities on children must not be seen merely as a crime but it is a direct attack on the very existence of human being. It must be an act which deprive the children to enjoy their right to Life, right to education, their freedom, their right to be happy, their right to dream for their future with which the future of this country is associated. How are such people different from those terrorist who use children to hide their own incapacity?
12.   I also support the view that punishments like Chemical castration and Death Penalty may not be able to deter the criminals from doing atrocities on women. But cases like Delhi Gang Rape case must be severely dealt with even with Death Penalty. The nation won’t mind the loss of such people who are no use either for themselves or for the society or for the nation.
13.   Fast track courts are need of hour. The government must not deter itself from taking all those steps which can bring even the smallest relief to the victim. This would not only being credibility to the govt. but also will develop the faith of people in govt.  The fast trial and justice to the victim can at least provide a minor relief to the victim that criminal is behind the bars and is not roaming free to make many others like her as his victims.
14.   The SP of District must be made responsible for all the major cases relating to atrocities on Women. We must understand that before Caste based discrimination, atrocities upon women is even bigger issue and must be dealt strictly like those based on caste are handled. While the caste based discrimination is limited to some sections of society which also with the developing educational system is withering away but the atrocities upon women have no caste boundaries. Such crimes are prevalent in all section of society from the so called high class to so called low class. It knows no boundaries. There is need to empower the National commission for Women.
15.   I also support the view that the age for being considered as Juvenile to be reduced to 16 from current 18.
16.   The definition of Rape must be widened and should not just be associated with sexual penetration but different categories of penetrative assaults to be included in the definition. It must be viewed as a crime which mutilates the victim mentally for her life time. It is a trauma which no women can ever recover from. It is a crime against the religion of the Land where Women are considered as supreme being as originator of mankind. No society have ever survived and progressed which cannot protect the rights of the women. The false pride in male dominance has to go away. A man could not have been able to take pride in his capabilities if a woman has not given birth to him.


What must be stressed on whatever law comes is the mechanism of monitoring and accountability ensured in the law. Without such mechanisms the law will be no more than a topping over the bad governance making the mockery of the dignity of the women amounting to rape of womanhood in front of the World. Indian women is not a joke or mockery to made of, she is the “janani” of the best human race in the whole world. She is Mother of legends and it is our duty to protect her.

Regards
Ashish Agarwal