Why change is needed in Rape Laws in India?
By Rajesh vakharia : WHO WANT TO SEND THIS SUGGESTION VERSION 3 R FREE TO COPY AND SEND IT WIA MAIL OR BY A FAX
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Let us all fill their inboxes. After all, Internet activism is our strong point.Now it is time to show solidarity for our cause.
We had lots of Bell Bajau campaign. Now it is our time for “Mail Bhejo” campaign.
Mail Bhejo, Bhejte Raho!!
Dear Hon’ble Justice Mr. Verma,
India, for past 1 week or more has been completely covered with the alleged Rape incident in Delhi.
It is good to see that a committee has been formed under your able guidance to look into the current provisions & Laws.
We hope that under your able guidance, India will not respond to “alleged” barbarism with Barbarism itself.
Following are the requests from a responsible citizen of India:
1. Rape Laws must be made Gender Neutral so that every citizen of India undergoing harassment is ATLEAST given a choice to make a complaint if Rape is being done to him/her. Almost all countries have gender neutral laws while India taking the cover of Article 15(3) of constitution is being forced by feminist lobby’s to make Gender Biased Laws. It is highly unfortunate that 15(3) is being used to contradict Article 15 itself, which is NOT permitted as per the Constitution of India.
Article 15(3) allows provisions (NOT LAWS) whereas Article 15(5) does allows making provisions, by law, but NOT in Article 15(3)
2. With the advent of forces to make more Gender Biased laws, Parliament has been forced to pass “easy to use” laws. Unfortunately, there is a very fine balance that needs to be brought between “ease of use” and “EASE OF MISUSE”. Under the lobbying forces, and NO representation of other gender, is it democratic to make laws purely from drafts provided by Feminist Organisations? Is it Justice sir?
3. Police machinery MUST NOT be FORCED to lodge a complaint under Rape even if they feel prima-facie to be false. Then the question arises that how to ensure that it is not left at desecration of Police (who, we must accept, are not trained enough for this)? There are provisions like CrPC 156(3) where a complainant can lodge a complaint with a Judicial Magistrate for cognizable offences. With our able Judiciary who have the experience, ability, education and training to handle such sensitive complaints, it would be best for the respected Judicial officer and Not Police to accept the complaints and order investigation if found prima-facie true. Atleast that could also help a complainant for not going through the embarrassment of going through Police Procedures of “may be” unwanted questions and also would ensure that innocent people are not easily charged with cases which are false and are filed just to wreck personal vengeance (such false cases are NOT less in number at all).
4. Misuse clause is of utmost importance to ensure that a provision must not be misused as we have to agree that with just a complaint of a petitioner, the accused gets convicted in his/her society circles and unfortunately media also does not leave any stones unturned to defame the accused people. For the benefit of Justice, it is imperative that WITHIN the same law, the clause of “Punishment for Misuse” has to be there. You may also agree that Punishment of misuse may still not give back the life of the accused that he/her would have spent in defending against a false complaint but it could still stop unscrumplous people to use these (or rather misuse) these provisions for greedy gains. Misuse of any provision MUST carry equal Punishment that would have been given in case of conviction.
5. Type of Punishment is another major point where we have seen India’s hidden frustrations pouring out in front of TV asking Capital Punishment. I, as a citizen having faith in the Law of Land, strongly trust our respected Judiciary to gauge the rarity of the crime and not based on Political / Social / Media / Other pressures. Based on the rarity, the applicable sentence must be awarded to those proven Guilty. India has set-up examples of its Humane Judiciary and Culture across the globe when dreaded terrorist like Kasab was allowed to defend himself through various Hon’ble Courts and even exercising President’s Pardon. When we can allow that to convicts like Kasab, why not to others? There MUST NOT be direct Capital Punishment for provisions of Law just because it involves crime against particular gender. By doing this, we would ourselves prove to be a country with Gender Bias.
Most importantly, the foundation of Laws of India are known that even if 100 criminals are spared, even 1 Innocent must not be punished.
We have flawed as a country on above provisions when we allowed laws like 498A / PWDVA which are used OPENLY as tools of wrecking personal vengeance. We can not let the same happen continuing with Rape laws also now.
With our Hon’ble Courts already over loaded with loads of false cases under various “easy to misuse” provisions of law (like 498A / PWDVA / Adultry laws / Family Laws), we can open another provision with same “Ease of misuse” to punish our Judiciary.
Requesting you to kindly read these recommendations as coming from a sensible, Law abiding, Law TRUSTING Indian Citizen.