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.
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..
5. Shri.
Mullapalli Ramachandran,
MOS for Home
Affairs,
Union Of India.
6. Shri.
RPN.Singh
MOS for Home
Affairs,
Union Of India.
7. Member-Secretary,
Law Commission of India, 14th Floor, Hindustan Times House
E-mail: lci-dla@nic.in
Law Commission of India, 14th Floor, Hindustan Times House
E-mail: lci-dla@nic.in
8. The
Registrar General,
Madras High Court
9. Cabinet
Secretariate,
10. The
Hindu
11. New
Indian Express,
12. Times
of India
13. Deccan
Chronicle
E-mail :
editor@deccanmail.com
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