Wednesday, 1 January 2014

POINTS FOR CONSIDERATION IN RESPECT OF RAPE CASES


From                                                             January 23,  2013.
G.ALEX BENZIGER,
Advocate
123, Addl. Law Chambers,
High Court Buildings,
Chennai-600 104.

To
Hon’ble Mr. JUSTICE J.S.VERMA COMMITTE,
New Delhi.

Hon’ble Sir,
          Sub : Points for consideration in respect of rape cases - regarding

         I am a practicing advocate in the Madras High Court with 25 years of bar experience.
                      1. Today, we live in a culture of fear. Fear of violence, fear of disease, fear of war, fear of terror, fear of  weather, fear of neighbours and fear of unknown. Television telecasting brings a lot of this fear. Liberal media without any censor in a planned manner is a havoc to the society. Mass media have rather negative than positive impact, because, they do not just shape cultural identity or public opinion, but they often promote violence, which undermine the normal development of an individual and have a negative impact on social behavior and psychology of people. Mass media highlights controversies and scandals to achieve their end.
              2. Sexual violence and rape in particular, is considered the most under reported violent crime. Murder, assault, robbery or terrorism, has generated a more serious challenge of the credibility of international crime statistics than rape.

             3. On 16.12.2012, Jyoti Singh Pandey, a female physiotherapy intern was beaten and gang raped in Delhi and claimed to have died 13 days later. On 30.12.2012 large numbers of people staged protests near Jantar Mantar, New Delhi. There were minor clashes between some groups of protesters and the police. A police man Mr.Subash Tomar was injured and had died in a Delhi Hospital on 29.12.2012. The police then  closed all roads leadings to Delhi, India Gate. Followed that,  protests were staged all political parties all over India including Kolkata, Chennai, Bangalore, Hyderabad, Thiruvananthapuram, Mumbai etc., condemning the said incident demanding stricter laws and speedy judgment. BJP also demand for a special parliament session to discuss the case and to adopt stricter laws on crime against women.
                4.  But the above said protests were politically motivated nothing but to paralyze the Govt.
                 5. On 22.12.2012 a Judicial Committee was constituted,  headed by a Former Chief Justice of India Shri J.S.Verma was appointed by the Central Govt. and to submit a report, within 30 days.
                   6. I am quoting some of the earlier rape cases for not attended or ignored by the liberal, politically motivated medias as follows :-
a)   On 06.06.2005, in Charthawal village in the Muzaffarnagar District, Uttar Pradesh, 28 year old Imrana, the mother of 5 children was raped by her own 69 years old father-in-law Ali Mohammed.
b)   On 25.08.2008 around 1.30 p.m. the radical Hindus entered the Dhivya Jyoti Pastoral Centre  in Kandhamal in the State of Orissa, pulled out a nun Sister Meena’s saree and one of a man stepped on her right hand and another man on her left  hand and the third person raped her on the verandah. The victim went to the police station to made a complaint against the perpetrators and the radical Hindus also came to the police station wherein the police of being friendly with attackers.
c)    On 01.02.2011, Soumy a 23 year old woman commuter of Eranakulam –Shoranur passenger train, one Govindachamy who  tried to rob her in the women’s compartment, smashed her head against the wall when she resisted, he pushed her hands into the gap of closing door and threw her out of the train. He jumped out of the speeding train, walked 200 meeters to find her lying in a pool of blood. Then he dragged her to woods near the rail track and brutally raped her.
d)   On 18.02.2012 in Calcutta, Lavi Gidwan, an Anglo-Indian woman was raped by five persons in a car at gun point and threatened her while she was returning from night club.
e)    On 03.11.2012 in Revani (Haryana) an 18 years old girl was raped by her relative Deepak and fired a bullet from his pistol which hit in her chest and,
f)     many other rape cases.

          7. When the above said gang raped incidents were taken place, the present agitators, that is, the political parties, liberal media, and other so-called NGO’s,  where were they at that time? Why this much attention was not given at that time? And hence this time it is politically motivated  protest and not on real interest.
          8. Immediately after the gang rape the victim died on 29.12.2012, the Secretary General of UNO Mr.Ban Ki Moon   has urged the Central Government to take action. Everybody making to use the incidents for their fishing behaviors. It is very unfortunate. I am quoting some countries of total population with the corresponding rape crimes, in their countries as follows:
(i)           The American, Embassy released a statement on 29.12.2012 offering their condolences to the Pandey family. In USA the 2010 report states that the total population is 31,50,68000 but reported corresponding rape crime is 84,767 it is said to be 0.0260%.    
(ii)          In Paris (France) People participated on a march to the Indian Embassy where  a petition was handed over and asking for action to make India safer for women. But inFrance as per the 2010 reports, that the total population is 6,56,35000 but reported corresponding rape cases is 10,108, it is said to be 0.0150%.  
(iii)        Therefore I quote some of the countries of total population with corresponding rape crimes, in their country  available in 2010.
Country
Total population
Rape cases
 Percentage
U.K.
6,31,81775
15934
    0.0252%
Russia
14,33,00,000
4907
    0.0034%
Germany
8,19,03,000
7724
    0.0094%
Italy
6,08,70745
4513
    0.0074%
Bangladesh
15,25,180156
11682
    0.0076%

(iv)        Above all the free sexual life in the world is Thailand, where the total population is 6,59,26261 but reported rape cases is 4643, it is said to be 0.0070%. The NGO-Bhartiya Patita Uddhar Sabha – said that flesh trade in the countryshould be legalized. “ It is worth mentioning that non-legalisation of the sex trade one of reasons for more rape cases. It is the right time for the Central Government to legalise the profession of sex trade in India as has been done by 14 countries in the world, it had said in a letter to the Hon’ble Justice J.S.Verma Committee. From the view point of the above said Thailand’s rape cases, the said NGO’s claim is false.
(v)          But in India, as per 2010 report the total population is 121,01,93422 but reported rape cases is 22172 it is said to be 0.0018%. As per the above comparative table the women in India is very safer than any other country in the world.
          9. In India Section 302 of Indian Penal Code defines that “whoever commits murder shall be punished with death or imprisonment for life and shall also be liable to fine”. But daily we hear the news that the brutal murders and other serious crimes are occurring including terrorism.
          10. Sexual feeling is a natural instinct it is an individual tendency, it depending upon the genes and circumstances. The sexual feeling is to be suddenly provocated, according to the situation, the man will act. Therefore, dress and other actions will to provoke the opposite sex. Everybody knows the genital parts, then why we dress, because, human is civilized. Hence, dress is an important role not to stimulate the opposite sex, not to be distracted and not to be provoked.
          11. In Lunar Dynasty, the Sage Viswamitra did a lot of penance to become a Maharishi and then Brahmarishi. At that time Indra to distract Sage Viswamitra, sent Aphsara to distract Sage Viswamitra, Then  Viswamitra attracted the said Aphsara and lived with her. Therefore, any man may be provoked or distracted easily by a female. It is a nature gifted to a female to ease the male, even in the case of animal kingdom also.
          12. Formerly, Section 498-A of IPC, deals with harassment for dowry and cruelty to a women in her matrimonial home. Under this Section, offenders, including the husband or his entire family members, and remanded without even an investigation. The offence is non-bailable, non-compoundable and cognizable on a complaint made to the police officer by the victim (wife) or by designated relatives. The said law is misused by women to wreck havoc on husband’s family and the police to making money in the process of dowry cases. The police personnel sending thousands including women and children to custody, even though almost everyone agrees that most complaints under 498-A are false and frivolous. Hence, the Law Commission of India recommended the dilution of anti-dowry law on 19.01.2012. Formerly, the police officers got bribe from one side, but now it is very unfortunate that the police officers like DSP, Inspector and Sub-Inspector and the police constables are all get bribe from both sides. I have bitter experience in this regard in our home town of Nagercoil (Kanyakumari District). It is rightly pointed out by the Times of India  on 30.01.2010 as “Kakhi (Police) the colour of corruption”.      
             13.   The present laws are more than enough to punish one who committed the offence of rape. But in the current situation, if any stringent law is made in rape cases it will be misused for personal vengeance. It will wreck havoc on innocents even it is be misused in civil disputes. Hence the commission shall keen on the law it shall not be misused.
          14. “Prevention is better than cure”, like wise we have to analyze, the reason for the rape cases. I can say it is the sole reason to behind the rape cases is glorifying offence and sexual perversions through the media. Hence, I filed W.P.No.17629 of 2009 in the Hon’ble Madras High Court, that directing the Union of India and others, “to regulate, order, prohibit the transmission or retransmission of the cable Television networks of the respondents which are telecasting indecent, vulgar, obscene programmes of inducing, glorifying violence, crimes , obscenity in particular on women and children, explicit image of sexual perversions or acts of sexual violence like rape, or show pornography or use sexually suggestive body language or have half naked girls dancing almost performing pornography etc., and it is pending.
           15.  “Prevention is better than cure”, we have to be keen on to prevent the sexual offences. The present situation money is dominating the world and it  is lack of morality. In family, parents have no time to speak morality, in class rooms no necessity for a teacher to talk about morality, the leaders and legislatures speak to convert vote banks and above all the religious leaders giving sermon how to attract huge crowd. Then, how we expect a society be based on morality. And the liberal media are supporting and projecting, do not punish the children in home or schools then how the people expecting a morality based society.
            16. It is rightfully pointed out by the Press Council of India in its report dated 06.06.2009 that, the phenomenon’s of news(paid news) goes beyond the corruption of individual journalists and media companies. It has become pervasive, structured and highly organized and in the process, undermining democracy in India   
             17.  But merely by an enactment or law it will not prevent or eliminate crimes. Murders are taken place due to vengeance, but rape cases taken place due to sudden provocation within a fraction of second. Therefore we will give the better atmosphere to the society , then only we expect a rape free society. “There is no freedom without law“, I may, make it to some  more points for your consideration and do it possible to save the women and make it a 
better moral society.
a)   to regulate, order prohibit the transmission in media the  indecent, vulgar, obscene programmes  inducing glorifying violence, crimes, obscenity in particular  on women and explicit images of sexual perversions or acts:
b)    all pub and bars are to be closed from 6 p.m. to 9.a.m.
c)    dress code to ladies should be implemented in colleges, schools and other amusement park, cinema theatre and malls and like other places and
d)   no rape or molestation cases are to be publicized in the TV Radio or print media without the permission of the concerned Hon’ble High court.
                 Finally, earth pollution is bad, water pollution is worse, air pollution is still worse. But the worst of all in the mind pollution. It corrupts the most valuable trait of human species. It corrupts the thinking. One of the most common forms of mind pollution observed today is obscenity, vulgarity and violence on women and children by the media. We have to  give better atmosphere to the society then only we can expect the crime free society.

                                                                     Yours sincerely,
                                                                 (G.Alex Benziger)
Copy to :
1.   The Hon’ble Chief Justice of India,
         New Delhi.
         E-mail : supremecourt@nic.in
2.   Hon’ble Dr.Selvi Jayalalitha,
         Chief Minister
         Government of Tamil Nadu.
         E-mail : cmcell@tn.gov.in
3.   Shri. Sushil Kumar Shinde
         Minister for Home Affairs,
         Union of India
         E-mail : skshinde@sansad.nic.in
4.   Dr. Ashwin Kumar
         Minister for Law & Justice,
         Union of India..
         E-mail : Pa.minister@gmail.com
5.   Shri. Mullapalli Ramachandran,
         MOS for Home Affairs,
         Union Of India.
         E-mail : Mullappally.ramachandran@gmail.com.
6.    Shri. RPN.Singh
         MOS for Home Affairs,
         Union Of India.
         E-mail : rpn.singh@nic.in
7.       Member-Secretary,
Law Commission of India
, 14th Floor, Hindustan Times House
E-mail: lci-dla@nic.in
8.   The Registrar General,
Madras High Court
E-mail : regrgnl@tn.nic.in
9.     Cabinet Secretariate,
10.               The Hindu
         E-mail : letters@thehindu.com
11.               New Indian Express,
         E-mail : sreejay@newindianexpress.com
12.               Times of India
         E-mail : Editor.indiatimes@indiatimes.co.in
13.               Deccan Chronicle
         E-mail : editor@deccanmail.com




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