ARTICLE
8 January 2013

Delhi Gang Rape: Questions On Establishments

AM
Aishwarya M Gahrana & Associates
Contributor
Aishwarya M Gahrana & Associates
Huge crowd itself explains public anger in pictures published in Media and telecasts on news channels.
India Criminal Law
To print this article, all you need is to be registered or login on Mondaq.com.

Huge crowd itself explains public anger in pictures published in Media and telecasts on news channels.  Crowd gathered its own without any invitation or call, demand for justice, law, law and order, public security, security for women. When you read about all these on any international newspaper, language will make you clear, they are talking about an undeveloped third world country. The crowd was without leader but not leaderless; completely disciplined until some political interests infiltrated in.

The Incident:

For detail you can search it on any search engine. A girl accompanied with his friend was brutally gang raped in a moving bus in Indian national capital city of Delhi; an iron rod was inserted through her private part deep inside to damage whole stomach especially intestine. The couple was thrown away without any cloth in about to death condition. The police in Delhi directly report to Central Government through Lieutenant Governor.

Very simple for us Indians, we are almost habitual to read such thing. It appears simpler for our political leadership; in power, in opposition, or in nowhere. Thankfully, we have TRP hungry television news channels, who know to exploit public conscience and outrage commercially but it eventually help.

The History Part 1:

The most under violent crime world over is an ugly face of all human history, with 90 percent female and 10 percent male rape victims molested by prominently (99 percent) male offenders. This is one of the most reported war crime world over. In India, we find traces of rape in our great epics Ramayana and Mahabharata. We Indian, distant from our so-called culture to respect women doing worst among its peer and have fourth most dangerous place for women. It is being said that every 20 minute at least one rape is being reported. The real figure is very high. Sexual abuse of girls is almost a publicly accepted behavior in Delhi and even victim not try to complaint unless she feel it "too much". Same time in Delhi has fairly high number of working women in India.

The History Part 2:

Since independence, law and order is increasingly deteriorating in India. I can remember in 1992, an old man complained me that law and order is continuously worsened in these 40 years but now I feel that in last 20 years it is further worsened. We have no police to protection as common citizens; we have no judiciary for prompt justice for innocents; we have no legislature to legislate as per need of our changing and demanding society. Our elected representative regularly taught us that parliament (or Legislative Assemblies) is supreme in a democracy. They have parliamentary privileges, they are elected version of feudal lords, and they are owner of our fate. Unfortunate they do not know anything about nation, society and its requirement except how to force, purchase or other gather vote from their subjects for one of them.  This result their autocracy reflected in our parliamentary proceeding where standard of debates is reduced to equate a kitty party. Each Lok Sabha not only passes less bills but also increasing number of pendency of legislative business. All laws are increasing full of legal leakages.

Reflection of Results:

These days, when government announces anything from welfare scheme to purchase of any warfare, we simply think it a new fraudulent scheme. The corruption rule the nations sub – conscience and it become a way of life here. Fortunately, we have slightly working judiciary, whistle-blower like Election Commission and Comptroller & Auditor General, a fighting media and uncontrollable social media. Every day common men talk about new and dynamic leadership to replace old junk outdated leaders and drop young directionless silver spooned children. Enough is enough, if there is no leader to lead us; should citizen leave the nation headed downward. Citizen started their search indifferent from all present claimant of leadership title across political lines in Delhi and elsewhere.

Anna Effect:

In recent public outrage against corruption led by team of social activist Anna Hazare and others has leaved a very vast different in mind of Indian youth. Even though, political parties succeeded in halting the tsunami of public movement that time and further divided it; youth has successfully identified public power and know that they have to manage time for their national responsibility. They now know that there is no need of leaders, if your own soul is your true leader. They know the place where they have to gather, where like-minded people will come and form a group. What the point they should make and how to demonstrate. Our youth know and welcome difference of opinion among them as a mature citizen of vast vibrant democracy. Now, this is no time to discuss Lokpal Bill as this is not a possibility in near future. But certainly, Anna Hazare movement is a successful in this sense and sowed a seed for future movements. Social Media provided them a platform for expression, share thought, inviting action and gathering physically under censorship of black information technology laws. Traditional media fortunately provide them some check and balances with their competition for mass appeal even under pressure of corporate owners, advertisers and government.

Public Lead Itself:

In present outrage, fact was investigated naturally and neutrally by our traditional media and a call was made. This was a relaxed second half of December; targets have been achieved as European holidays have been started. Our media was about to tire of stories of molestation stories involving political players especially in Punjab and stories pointblank justice all over nation. Elections are in last phase in two important states underling absence of political alternatives. The unfortunate event was happened on Sunday night. The traditional Media and police have smelled a bestselling news story. This was a right time for youth to take a call. The result was self controlled disciplined protest by unrelated youths and others before the seat of Indian Government at Glorified colonial buildings.

Garage Governance:

The response of ruling class was matching public expectations. Bus, bus operators and criminals was identified through Hafta register (extortion and bribery register) maintained by Delhi Police. Accused not been asked for police remand but send to judicial custody as if there was no need of interrogation by police. Ruling leaders called this protest an uncalled for. Parliament debated on this issue symmetrically without any actual debate on a bill long pending bill for discussion and voting which eventually deals with violence against women. Two women leaders discussed the issue in Lok Sabha. The samples of debate without translations are: 1. "आप मुझे बताइए की इस तरह की घटना की शिकार महिला न जिन्दा में रही और न मरे में रही| वह एक जीवित लाश बनकर रह अपना जीवन जिएगी, अगर बच गयी तो .... (Sushma Swaraj, Leader of opposition, Lok Sabha)" and 2. "मैं सरकार के पक्ष से यह निवेदन करना चाहती हूँ, पूरे सदन की यह भावना है कि इस पर तुरंत सख्त कदम उठाये जाएँ| कोई विलम्ब न हो, कोई ऐसा सन्देश न जाए कि इस में विलम्ब हो रहा है| (Madam Speaker, Lok Sabha)".1  The session was adjourned sine –die without discussing the bill, even after this conveyed sense of the house. Chief Minister of Delhi fails to take note of events and leaved to Shimla until realized the heat of public sentiment through protest by local public in Shimla and forced to return back. Police used water cannon, batons and a chemical weapon (popularly known as tear gas) which is prohibited by international community even to be used in war. Political parties planted their student and youth wings to politicize the protest.  Government staged a discussion with student representatives but exposed itself to shame. Home Minister compared protesters with naxalist or Maoists to justify police action. This simply justify thousands claims in naxal affected states by poor farmers and others about police brutalities. A few junior label police officers were suspended. Lt. Governor came back from holidays and addressed the press as if he tried to handled the situation without any prior knowledge of such incident (if he keep himself inform, he may return earlier). Some middle order police officers suspended later on. Police keep use of force and afterwards irresponsible handled medical situation of one of it's collogue who died letter on. 8 protestors were arrested for assaulting the police officer and granted bail by magistrate. Political leadership marched into funeral of late police constable. The magistrate who went to record statement of victim accused top police officers of influencing her in judicial process. Delhi Chief Minister starts questioning Delhi Police. Delhi High Court called report from police. Government ordered fast track courts for such cases. Opposition parties start picking points from public sentiment but fail to connect themselves with public. Several protest venues closed down and Delhi Metro was force to shut down it's up to 10 stations for public commutation. A lot of material has been published in Media. The government issued an advisory to media to stop such news which incite violence. The Google search for use of term "Delhi Gang Rape" on twitter shows more than 4 crore results. The daughter of President of India prompted to apologize on behalf of his brother, who famously commented "dented – painted" remark for urban women protestors.

And political game is still on showing a boneless shameless sightless visionless something which is certainly could not be called government or in any case leadership.

Public Demand Deliveries:

Meanwhile, demand of thousands of protesters may be defined in few words with very little difference in point of views: Harsh Punishment for culprits; either Chemical Castration or death penalty, revamp of whole criminal law, modernization of criminal justice system, Timely and speedy Justice, appointment of more magistrate and judges, increase of conviction rate, no political influence on police, strength of police, corruption free police, e – governance system in police,  no  human right violation by police, proper civil securities, law and order, government actions, Decriminalization of politics, protection of women at public places, law to protect women from sexual harassment, call of parliamentary session for making law if needed.

All these points could be summarized in following few and acted upon:

  1. Police Reforms,
  2. Judicial Reforms,
  3. Legislative reforms,
  4. Social education and safety

What is wrong and where?

Footnote

1 http://164.100.47.132/newdebate/15/12/18122012/12To1pm.pdf

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
8 January 2013

Delhi Gang Rape: Questions On Establishments

India Criminal Law
Contributor
Aishwarya M Gahrana & Associates
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More