Showing posts with label Delhi Rape. Show all posts
Showing posts with label Delhi Rape. Show all posts

Saturday, 19 January 2013

Alarmed Media after the Delhi rape incident


An Indian participates in a candle-lit vigil to mourn the death of a gang rape victim in New Delhi. Dec. 29 2012.
Photo: Associated Press/ Dar Yasin 

*Jino M Kurian

(Gist: Rachira Gupta, article on “Challenging India’s Rape Culture” published in The Hindu, 10 January, 2013).


Recently, media reports are quoting more molestation related news. Coverage of similar news, especially after the Delhi incident, is making them more socially responsible and committed. The only agony is that they have been too late in responding towards atrocities against women in the society. It costs the value of life of a poor Indian woman, who sacrificed her life in a foreign country, by victimisation of an evil done by some Indian brothers. The trend of reporting of atrocities against women will result in the awakening of the society. Still, the reports stimulate to think that crimes against women have just started or there were no crimes before the alleged Delhi incident.

It’s not right; there were similar kind of atrocities prevailed in Indian society even before this. Circumstances may differ but the reason more or less the same. Rape is killing of dignity and ingenuity of a woman. It is the murder of rights of a woman. A murder should be punished with death penalty itself. Obviously, Delhi incident was rarest of the rare and the accused has the liability to summon towards death penalty.

No one has the right to touch others without their consent. It is the moral and legal duty inscribed in Indian living cultural. People of India lost their genuine culture somewhere, was it in the midst of the growth which is presumed being achieved? Or while in the process of imitating others’ culture, by forgetting their own indigenous values? In neither way it was a negligently missed conduct, but a conscious act done by the co beings for mere showing up of maturity. People presume that they achieved a undefeatable growth but still their activities are showing that they are living in a prehistoric period.

Media reports about molestation and other kind of atrocities against women is indicating a positive trend. They should have made it sometimes before. Now, the society has gone through a series of adaptations and it is not easy not to wipe away the existing and upcoming crimes from the society. To a certain extent Medias were also factors in seeding crime evolving environment in the prevailing society. Instead of keeping the holiness of Indian traditional values, at least some of them went behind the modernity of the West. West are not living without moral values. They keep their cultural and moral values with enough priority. It is totally different from the traditional Indian concepts. It is improper for an Indian society to adapt with such differently moulded concepts.  Such invasions on cultural values result in generating crime oriented societies. Medias, literalists, artists or other people who went behind other cultures also made the same mistake.

The alleged news reported Medias also have a role in this cultural disintegration. Medias cannot flip away from their liability in changing India’s indigenous cultural values to the existing modern culture. Different lifestyles, costumes and cuisines of post modernism is conveyed to the society through Media’s advertisements and trend oriented programmes. Indian people are not yet capable to distinguish necessary and unnecessary things shown before them.

India is a democratic country, it is not appropriate to change the existing systems with a spontaneous action. Only remedy is to cultivate good cultural values among the people. Medias have the capability to do this duty. They can make changes in the opinion and behaviours of the social values. They can fix and wipe away cultural and moral values among the people. Instead of Medias no others can make changes in this society. So it is the time for Medias to make a code of conduct, which is purely dipped in Indian colours.


(*He is a student of LL.M Corporate Law, NALSAR University of Law, Hyderabad. Contact at jinomkurian@yahoo.co.in, +91-9705942751)  

Saturday, 29 December 2012

'Modern system of young women dressed in temptational costume and other sex-prone exposure and over publicity in our newspapers are partly responsible for the molestation of women on account of temptation.'

Dr. Vaidyanathapuram Rama Iyer Krishna Iyer
Photo: The Hindu


V.R Krishna Iyer, eminent jurist, is a former Judge of the Supreme Court of India. Prior to his elevation to the Bench, he was a Minister in the State of Kerala in charge of Home, Law etc. He has authored over 70 books and was conferred with Padma Vibhushan in the year 1999.
Given below is his email interview with Nebil Nizar.



1.    Whether our streets are safe for women?
V.R Krishna Iyer: Our streets as on today are far from safe for women from molestation and violence.


2.
    Do you agree with me if I say indecent self exposing dressing is the root cause of attack on women?


V.R Krishna Iyer: I agree that the modern system of young women dressed in temptational costume
and other sex-prone exposure and over publicity in our newspapers are partly responsible for the molestation of women on account of temptation.  A more sober style of dressing will reduce the temptation for molestation.



3.
    Do you believe that death sentence can stop this menace?V.R Krishna Iyer: No.  I have explained this position earlier.  A legal murder in the shape of sentence will not abolish rape.  It is my view.

4.
    How to deal with the victims?V.R Krishna Iyer: An effective victimology by which women in lonely situation can be defended.  There must be an obligation for the state to provide police men in social situations where opportunities for molestation are likely to be exploited.

5.
    How to deal with the offendors?V.R Krishna Iyer: The police women must be more in numbers.  They must be armed adequately and must appear in social situations where molestation and terrorism can occur without being caught. In such cases liberal presence of police personnel will reduce offences against women.  In all cases where men are found guilty they should be subjected to castration or other physique processes reducing the temptation to violate womanhood.


6.
    Congress prepared a draft Bill which proposes 30 years imprisonment and chemical castration in rare cases. How do you react to this?

V.R Krishna Iyer: My proposal is quite sufficient. Congress proposal is too severe.


7.
    Chemical Castration as an alternative punishment was mooted by Your Lordship for the first time in India in 1979, then you said willing castration is a better recepie for this hypersexed human than outright death. Are you now ready to change 'willing castration' to 'forceful castration'?V.R Krishna Iyer: I am supporting ‘forceful castration’ as an extreme punishment.

8.
    Do you think castration would violate Art. 14 and 21 of the Constitution of India?V.R Krishna Iyer: No, as a punishment it can be.

9.
    Historically, castration as a punishment for rape has been banned in most democracies in the world; do you think imposition of castration in India would lower the image of India Internationally?V.R Krishna Iyer: No, this would not do so. It is an alternative to death sentence.


10.
  Does your prescription of castration change your thought from 'Reformative school of punishment' to 'Retributive School'?V.R Krishna Iyer: No, it does not change.


11.
  How the cop must change their attitude?V.R Krishna Iyer: The court must be more concerned not about barbarity in punishment but reforming the criminal by a new system of education at schools and colleges, prisons and the professions.  In such manner that sex desire will be wheeled away.


12.
  How the court must change their attitude?V.R Krishna Iyer: The court should not focus on cruelty in sentencing but so psychically deal with the offending class as to minimize the inclination to violate the integrity of womanhood.


13.
  What changes must be brought about to criminal law in India?
V.R Krishna Iyer: The penal law and criminal procedure are so dilatory and slow-moving that it takes long for a horrendous crime like gang rape to reach the final sentencing stage.  We must radicalize the whole process.  There must be a mobile police team which if a sex terror incident is reported in a newspaper or otherwise, they should not wait for FIR or other formality but should proceed forthwith rush to the spot, trace the vehicle or suspect, arrest and investigate at once, go to the court with a charge sheet and prosecute the case before a special court with a specially trained advocate and judge and seek an instant trial with immediate notice to the accused, quick hearing and sentence.  A quick offenses sex code must be enacted without permission or sanction or other delaying obstacles.  Otherwise the police prove insensitive, courts adjourn, and witnesses don’t turn up.  The court must go to where the scene or witnesses are and don’t wait—quick trial must be the mission.  Operative urgent disposal of sex cases of course with fair trial requirements complied with without delay is the need of the hour.



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