Utmost Judicial Expediency for Disposal of Rape Cases


(Brig (retd) GB Reddi)

(Reproduced is the article that was disseminated to people on my social network, face book and other channels)

Let me once again reiterate that India is a diseased civilization full of abundant intellectual bankruptcy and hypocrisy. Society is many layered ranging from Stone Age to space age humans. Universal laws cannot stem all sorts of crime. In particular, gruesome gang rapes of minors followed by murder of victims.

Labeling such inhuman and barbaric crimes as juvenile acts is utterly idiotic and stupid.

Since Delhi has acquired the dubious distinction of “Capital of Rapes” in the full face of highest seat of judiciary, the Chief Justice of Supreme Court must take suo motto notice on occurrence and ensure delivery of the verdict of “Hanging until death” in public view of perpetrators colony within 0ne month.

Then only, the fear of law will act as a deterrent. For other lesser crimes of rape, the least punishment must be castration and suitable jail award.

Otherwise, crimes against women will continue. No amount of sensitization of “Beti Bachao; Beti Padao” slogan can cure the diseased state of mind’s of perpetrators.

Also the credibility of human rights activist’s champions must also be placed on judicial scanner as abettors of rape.

In sum, timely is an imperative to deter criminals rampaging the streets of Delhi and other cities hunting for their innocent kids to perpetrate their heinous acts.

Rapes – Insensitive Nation

Rapes make all the noise in media. All the public outrage fails to arouse the conscience of people particularly law makers, judiciary, police forces and even society, ends in a damp squib.  No wonder, every gruesome rape fades away into background sooner than later.

And, the criminals get away with under the most invoked stupid cliché “law will take its own course”.

Human rights activists and the so called pseudo liberals vent their ire against ‘capital punishments’.  Why do they remain subdued when gruesome and barbaric acts of rapes against minors followed by murders are committed by criminals?

Wake up pseudo liberals, India may claim to be an ancient civilization; but modern India has turned into a ‘barbaric civilization”.

Laws and their processes must have deterrence effect. Otherwise, they are useless; worse than a tissue paper.

Options are available for making laws. Gang rape followed by murder is cut and dry case of murder. No second thoughts even for judiciary to nurture and interpret.

To have deterrence effect, the final verdict must be passed and acted upon within a specific time frame. At the most, six months for execution of hanging.

In a lesser crime of rape, “Castration” will have deterrence effect. It is high time to enact such a law.

Following the Delhi’s “Nribhaya case”, the lawmakers enacted a ‘toothless law” that favors “juveniles”.  It is in the full realization that modern boys after watching porn movies or near porn scenes mature at an early age of 14-15 years.

Such a law has no deterrent effect as can be seen the spurt of rape cases being reported in Delhi and neighboring UP.

To compound it, the highest of the judiciary turns a blind eye to the gory atrocities that happen quite frequently in and around Delhi.

What is the reason? Rape continues to generally cloud public perception – woeful generalization.

Thus, the intellectual bankruptcy prevailing over rape in general terms is awful and ironic.

Let me reiterate what has been stated in the past during “Nribhaya Gory” incident.

The general view of rape is a crime committed by an adult male on a female. The fault lies in such a generalized view.

Gang rape committed by group of criminals followed by killing the victim is simply “Murder” most gruesome.

Rape committed by an adult male against minor’s falls in a different category.

Gang rape committed by a group of adults against a minor is yet another category.

Gang rape committed by a group of criminals against minor and setting fire on private parts and burning the victim to death is more gruesome and the most despicable criminal act.

Gang rapes and rapes committed on foreign tourists is yet another occurrence nowadays.

 All such cases are happening all around during the recent past and highlighted in the media.

Yet, there has been increase in the incidents of rapes reported from all corners of the country. What a shame?

Why? The reason is simple.  The laws and judiciary have failed miserably to deliver justice in favor of the victims.

Surely, “Gang Rapes of minors and their killing” should stir the conscience of the highest judiciary of the land, who must comply with the cliché they invoke “Justice delayed is justice denied”.

No point for judiciary in blaming the law maker, who have among them a bunch of criminals masquerading as leaders. Also, blaming the police for the abject failure in bringing the cases before the bench.

It is quite common knowledge that the police acts under the ‘fiat’ of their political masters and they dare not oppose them at the SHO level before they are shunted out.

And, there are many law makers 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.

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.

Had such an incident of rape take place against their wives, mothers, daughters, sisters and other dear ones, would their response against be the same in a casual manner. The answer is certainly in the negative. They would chase and murder the culprits.

Media sensationalism of incidents and public outrage and furor cannot per se redress the deteriorating situation.  Political leaders appearing at the door steps of victims to gain photo opportunity does no good.

“Justice delayed is Justice denied”.  Judiciary must wake up. What is needed is implementation of judicial process on the lines of on the lines of a “General Court Martial” followed in the Armed Forces to ensure speedy trial and disposal of the case in a time bound manner.

Most important, even the final process of appeal to the President for special pardon should be dispensed within a time frame of seven days.

Finally, the execution of “death sentence by hanging” should be executed in full public gaze from the same tree where the two teen agers were hanged by the criminals.

Liberals living in AC rooms in Delhi or Mumbai like Ms Shabna Azmi may cry ‘foul’ at such speedy dispensation of justice. After all, they 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 under the most heinous conditions?

Wake up India! Never too late to bring about sanity to claim to be a civilized nation instead of being drubbed as “Rapists Nation”.