Tuesday, 29 January 2013

Nirbhaya... Can we do something to change it?

Dear Friends,
 
   Nirbhaya, Braveheart, Daughter of India......... are words which are familiar to one and all. Thanks to the media! They remind us of the gangrape case of New-Delhi, dated 16th Dec 2012, the great protest march, the candle march, the mute march, the meetings, the opinions and statements of some of the indiviuals, the print and electronic media coverage etc....
.People are demanding justice, they are asking or rather pressurising the govt. to make strict and strigent laws. The punishment should be as severe as death penalty i.e hanging. I personally donot know what will be the outcome of this. Whether the govt will amend the existing law or make a seperate legal provision for such crimes. There is a minor involved in this incident. His actions and behaviour have been very heinous and cruel. All should be punished but according to me, he should be punished seviourly. The funniest part is: because he is a minor his case will be tried as per the provision of Juvenile Justice ( care and protection) Act 2000. He will not be punished like the rest of the accused. Actually he will not be punished at all. He will walk free when he is 18 years old. His maximum term will be of 3 years and that too in a reformative home. What I personally feel is this boy should be sent to an ASYLUM for the rest of his life OR until he is medically fit to live in a society. Today he is a living threat to the society. The cruality in his act proves that he is not a sane person. There seems to be some psychological problem and so the remedial treatment of Asylum! 
Out of the many suggestions given by the learned individuals, one was of establishing a brother-sister relation and begging for mercy! I donot think begging for mercy has ever had any effect on criminals. Think of a situation where a girl feels she is in danger of being harressed or molested or say raped. She goes to a police station and voices out her fears and asks for help. What type of action do you think the police will take in such circumstances? The police may just be helpless or atleast they pretend tobe so! As there is no crime committed they cannot do anything. It seems there is no provision for prevention of crime in our legal system.
 I have handled many such cases in last so many years. A woman who is living independently with her daughter (because she is deserted by her husband or she is a divorcee). Her daughter is say 14-15 years old. The woman has to go out and work, as she is the sole support. In her absence the teenagers in the neighbourhood haress the girl. The mother is afraid that this haressment and teasing may end up into some serious matter. She approaches the police station. The staff on duty rebuff her saying," Bai ja na doka kharab nako karus. Gunha ghadlay ka? Nahi na? Mag ka bomba bom kartiyes? ani kay ga tuzi mulgi kay aishvarya ahe ka? chal nigh! konihi utthava ani amchya kadun kahihi apeksha karavyat........."
How do you think a woman in such a situation will live? Definitely not a peaceful life! She and her daughter will live their life in tension. If the police take cognizance of what she was saying, treat it as a serious matter, round up the concerned boys and just warn them to behave properly, things would be different.
Today we have a feeling that people are not afraid of police, nor the law, nor being punished! (Only gentlemen seem to be afraid of the police and the law.) The courts take long time in giving justice, the lawyers (with some exception) use their knowledge, intelligence and energy in finding loopholes in the case to prove their clients innocent. We, the so called intellectual class of the society are busy living our own cozy lives! We squeeze out some time from our busy schedules, discuss incidents like Nirbhaya's case over a cup of tea or coffee, and conclude the discussion on the note: Things are detiorating fast, nobody is safe nowadays........
Do you think we can do something to change this?

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