Wednesday, 13 February 2013

‘Justice is too noble a word to be used by persons who disgrace women the way Basant has savagely done’



‘Victim was used for child prostitution’, this controversial statement from the part of R Basant, former Kerala High Court Judge and part of the division bench that acquitted 35 accused in Suryanelli case, shook the conscience of the society. Widespread protest escalated. Broadcast, Print and Online media joined the civil society in protest.

In an email interview with our correspondent Nebil NizarJustice V.R Krishna Iyer, eminent Jurist and former Supreme Court of India Judge V.R Krishna Iyer came out heavily against Justice Basant.

1)  Justice Basant is heard saying in the tape; Child Prostitution is not Rape but Immoral only. How do you respond?
Justice Iyer: I consider the distinction between immorality and rape as absurd and spiritually untenable

2)  Is it important for the Judge to Examine the charecter of the Prosecutrix before reaching a conclusion? Or whether Happening of the alleged offence is important?
Justice Iyer: Both are relevant.

3)  Does conversation with Justice Basant show the attitude of Judges while deciding cases relating to sexual offences?
Justice Iyer: The attitude of the judges in sexual offenses discloses Judicial disposition vis a vis sentencing. The diabolical attitude of the judge towards sex crimes makes his sentencing harsh

4)  Original IPC (Copy at Harvard Law School) in Section 376′s explaination notes says that if a girl is held in captivity and raped, when she has a chance to escape, if she didn’t, then she cannot claim that she was raped. Then is Justice Basant right?
Justice Iyer: No, a rape is a rape whether the victim has been opportunity to escape or suffers confinement.

5) Do you think ‘Contempt of Court’ must be slapped on Justice Basant for making fun of the apex Court by saying that the Judge has not even read the Judgement of Kerala High Court?
Justice Iyer: Justice Basant making observations about the sentencing Judge is guilty of making stultification. Such an attitude is near contempt.
Many women feel outraged by Basant remarks. There is some moral justice in refusing to call Judges like Basant. Justice is too noble a word to be used by persons who disgrace women the way Basant has savagely done.
Justice Basant is my old friend and I know him to be a good Judge. I am shocked how he made such derogatory Judgement about his own sister female humanity. He has to withdraw the vulgar statement he has made. Oh the pity of it-dear Basant please express your regret and withdraw your shocking opinion about women kind publicly. You were a learned Judge; why ruin your reputation.



(This interview was earlier published at http://www.worldbeyondweb.com/interview-with-justice-v-r-krishna-iyer/)

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