My suggestions for Justice Usha Mehra Commission

 

My Suggestions for Justice Usha Mehra Commission

 

भारत का हर इंसान आज एक 'अपरिचित अपने' की मौत पे रोया है
 क्यों, दुनिया के सबसे बड़े लोकतंत्र का, 'तंत्र' सोया है

Hindustaan ka her ek shaksh aaj ek ‘aparichit apne’ ki maut per roya hai

Kyon, dunia ke sabse bade prajatantra ka tantra soya hai!!

 

 

We need to work on four fronts:

1. Assured Justice (trial)
2. Assured Rehabilitation
3. Creating Institutional Mechanism, a 360 degree support in every case
4. Sensitization in the society for overall, sustainable change

 

 

Justice in this case say ‘Damini’ (RIP), the victim  of 16 Dec

• Open and shut case.

 

• Fast track court should decide in maximum one month. All appeals must finish ASAP. Total time not more than 90 days in execution of punishment.

 

• The ‘minor’ should too be treated ‘major’ & all accused should be treated equally guilty.

(If President can consider mercy petition and grant one, why can he not direct judiciary to try this juvenile in proper court along with others.). All minors should be treated as majors in such crimes. Question the wisdom of expert panel which enhanced the age from 16 to 18 earlier.

 

• Maximum punishment should be to castrate, cane and then behead in public. Minimum punishment for convicts should be hanging.

Even if we are to be called a barbaric society for such punishment, let us be called so. We need a ‘certificate’ or make attempts to change at ground level? Has India severed its relations with such ‘barbaric society’ nations….If I correctly remember, they have been guest’s on our republic day and our PM has received them on airport breaking protocols.

• Can anyone imagine the kind of pain that Damini(RIP) went through? Her wish of burning alive the convicts describe it. The punishment should be at least equal/ comparable to the gravity of ‘crime’, if not more. Who has got the right to decide the quantum of punishment? The victim or the so called evolved society?

 

• Punish the criminals, and don’t think by reforming them only you will have a better society.…..there are enough other elements in the society like politicians Abhijeet Mukherjee to Kailash Vijayvargiye to Shri Prakash Jaiswal for change in their attitudes. Reform them. Don’t waste time on reforming only the criminals.

 

Other steps in this case

 

·         Rehabilitate her family in every possible way, with Govt. job/accommodation etc

 

·         Rehabilitate and protect her friend and key witness in every possible way

 

·         Re-Name the most popular metro station and square (chowk)- Rajiv Chowk in this case after the rape victim. This will keep us sensitizing for generations about this incident. Take counseled consent from victim’s family for revealing her name.

 

·         Honour the girl with bravery award posthumous, equivalent to Ashoka Chakra

 

·         Institute a bravery award after the girl

 

·         Institute chapters on her name in text-books

 

·         Her parents should take the salute on re-public day this year

 

·         India won with pride war against Pakistan on 16 Dec, 1971, national day of pride. 41 years later, on this day, on 16 Dec 2012 India’s soul was brutally raped and murdered, turning this into India’s day of national shame, guilt and all-round failure! Ask the nation, how will it remember 16 Dec this year onwards. The above are the least we can do, for a young girl whose life was not protected by the state, and the in death the state stole the basic human right of her family to grieve even in the hush-hush last rites. Such ‘state’, must abandon VVIP’s last rites and processions on tax-payers monies, in the vicinity of Raj Ghat. The victim’s poor parents were over poured by the government towards an early funeral, denying the basic rights of the family to even grieve properly and it did not allow the nation to pay homage to its national hero-a decision must have been taken by national zeros.

 

Reforms in general

 

·         Create an institutional umbrella environment where every rape victim, their families and witnesses will be protected, supported and helped in every possible way during justice delivery process and during rehabilitation in an assured manner, in a time bound way.

 

·         Do not ignore the highest level. No leniency for convicts. Of any sort There are many reports that high profile convicts/ accused get all sorts of relaxations while serving the term. All sitting MP/MLA’s charges should be tried fast track. Maximum 90-days. If convicted, they should be made to pay back to the nation what has been spent on them as MP/MLA with interest and then hang them.

 

·         Anyone wishing to contest elections, if accused, has to seek clearance in fast track court first. Let the legislatures know that it is serious business to be in public life. A rape accused can be allowed to contest elections only if the allegation has been made after announcement of the elections, but even in this case, he should be tried fast track and can attend house after winning elections only if cleared in case. If convicted, he must return to the exchequer the total cost of election process in his constituency, before he is hanged.

 

·          Do sensitization also…about changing mindset, about giving a helping hand to victims, (say no one present gave even clothes in this case), but only ‘sensitization’ will not work. In this country, where President’s son (himself an MP) is not ‘sensitized’, talking about crime prevention through change in attitude means we may have to wait for 1000s years to stop such crimes and such talks mean evading actions that can give results. It should also be questioned that people with such lack of sensitivity should be allowed to continue in law making process (what will be quality of such law?). Why they should not be recalled and not only should they avoid wasting taxpayers’ money further, and they should be asked to reimburse to the state such expenditure.

 

·         As long as we have sex-tape of Governor in Rajbhawan, MLA’s surfing porn in Vidhan Sabha, Ministers killing mistresses, A legal ‘luminary’ sex-tape in Delhi High Court premises, etc. and  in ‘the system’ they continue to enjoy at taxpayers money privileges, benefits (Govt. house) etc, rather than punishment, believe me such ‘failed system’ also needs to be hanged.

 

·         While fast tracks courts can be situated in such cases, such prioritization of cases means justice given at the cost of others. In the medium and long term we have to assure justice to all and enable situation for them. Honestly, let’s admit it, that our present judicial system allows a that a good number percentage of people will never get justice. We have to ensure justice for all. But do this in a time bound manner and then create mechanism to implement these. Not being able to guarantee justice to all citizen is a failure or judicial system and a bigger failure of our governments.

 

·         As long as we have pendency and prioritization of cases, all such complaints should be automatically tried fast track.

 

·         Nearest possible place of immediate/ best treatment, irrespective of police jurisdiction.

 

·         Media should Sensitize and not allowed to sensationalize: Media not doing ethical journalism by interviewing the witness, their license should be cancelled and criminal proceedings should be initiated against them, time bound.

 

·         Alcohol or minor status must not be allowed as excuse. This must not be an escape route in any case. Parents will be compelled to take better care of their minor off-springs, if they want to see their children not part of a criminal set-up, they must care for up-brining or be ready to see they ‘minor’ criminals punished- including death for rapists who are minors.

 

·         Same with alcohol. Should someone’s right to drink be guaranteed even if it means risking others lives. Convicts must be ready to face the same music which non-drunkards get. No execuse!!

 

·         Castrate, cane and then behead as maximum punishment. Hang to as a softer option. There is no fear of law today of any kind. Legal route means delays and denials rather than justice. Even for trail, announce that Government will review death penalty in such cases after – years. But from now on, be tough on judicial process and death only in such cases.

 

 

 

 

·         If it calls for police reforms, do it.

·         If it calls for judicial reforms, do it (why we don’t have more courts/night shifts?)

·         If it calls for social reforms, do it

·         If it calls for political reforms, do it

·         If it calls for review of ‘fundamentals’ of our judicial system, do it

·         IF IT CALLS FOR REVIEW OF OUR CONSTITUTION just do it

 

 

 

 

The state has to assure the citizen and ensure a rule of law where justice is delivered and take all means for it. Otherwise what is the point of ‘statehood’???

 

 

 

Rest In Peace the Rape Victim

Get in action, others if you still claim to be alive, Government or Public!!