AUM
RAPISTS ON PROWL BUT GOVT SLUMBERS
RAPISTS ON PROWL BUT GOVT SLUMBERS
By Brigadier
Chitranjan Sawant,VSM
The social perverts advise pretty
girls and say that when rape is inevitable, the girls would do well to lie down
and enjoy. It is this kind of mindset that encourages social perverts to go on
prowl in dark and shady joints to ambush single separated women, juveniles or
adult bread-winning females of the family. The goons not only rape hapless
women but also make videos of the abominable act, shoot the hapless victim in
the nude to arm themselves with a piece of blackmail and terrorise the victim
into submission for repeated rapes. For fear of social stigma, the poor victim
submits to diktats of the goons at a place, date and time of his choosing.
The crime is committed repeatedly but
for lack of a formal complaint, read FIR (first information report, the Police
does not go into action, the State or the Central government do not contemplate
action for lack of a written report. Thus there is total inertia of the law
agencies and the govt goes to sleep again. No one is bold enough to wake up the
modern Kumbhkaran like government and
it is the hapless citizen who runs from pillar to post not knowing what to do
next. On the other hand the rapist moves around boldly threatening the victim
with a worse form of sexual exploitation along with goons and goondas. Unable
to bear this mental and physical torture of the worst order, the exploited girl
takes recourse to committing suicide. Her untold story of rape and social
exploitation is cremated or buried along with the body and that is the end of a
gory episode. The criminals get a boost with the curtains on their cognizable
crimes. Thus emboldened they open a new chapter and begin exploitation of a
fresher in the same manner as they had done heretofore. Sad indeed.
RAPE DEFINED IN LAW
What act or omission on the part of
an individual or a group of persons is called Rape legally and is punishable by
an order of a court of law? Who come under the purview of the said law and what
is it called? Good questions indeed because the common man has to be educated
in the matter so that he or she knows her rights, duties and how to go about it
in case a crime of rape has been committed in the family or in the
neighborhood.
Rape is a crime defined in the Indian
Penal Code,1860 that was enacted and promulgated by the British government in
British India. The Indian States like Jammu & Kashmir
had theirown penal and civil laws like the Ranbir Penal Code named after and promulgated
by His Highness Maharajah Ranbir Singh Ji, the then ruling and reigning
Maharajah of the princely Dogra Hindu State of Jammu & Kashmir. Likewise
other princely States had enacted their own penal laws and High Courts to
interpret them. All subjects of the States concerned were subject to these
laws, irrespective of their Dharma or religion.
Without going into technicalities, let us take
a look at a simple definition of the crime of Rape as given in the Indian Penal
Code and simplified here for the common man. One may say in a nutshell that
Rape is:
Physically force another person to
have sexual intercourse. Rape is a type of sexual assault usually involving
sexual intercourse which is initiated by one or more persons against another person
without that person’s consent. Of course, it should be plain and simple .
Consent obtained by coercion,
inducement, misuse of authority, deception or of a person incapable of giving
consent or is a minor or insane will not
be deemed valid consent in the eye of law.
The IPC clarifies that Penetration of
penis into a vagina is sufficient to constitute the crime of Rape. The accused
is not entitled to take the plea that he did n have a full intercourse or that
he did not discharge his semen into the vagina of the prosecutrix.
The oral or documentary evidence may
be adduced by both sides to prove or disprove the charge. The relevant sections
of the Indian Evidence Act governs the scenario and the judgement is pronounced
when the judge is ready after a few days. THE AGGRIEVED PARTY MAY GO IN APPEAL
TO A HIGHER COURT.
PRONOUNCEMENT OF PUNISHMENT is done
by the Judge a couple of days after he had found the accused guilty of rape
under section 376 of the Indian Penal Code. It may be a term in the jail or
both incarceration and fine. Generally speaking, only Fine is not imposed but
it may be just a jail term.
Reformation of the accused is the
main aim of the judicial system. It is not just awarding a jail term where he
would meet hardened criminals who would influence our greenhorn-rapist so much
that he would be a total loss to the human society. The punishment pronounced
by the judge must be Reformatory so that the accused is not a total loss to the
human society. If he is reformed, in his post-reformation period, the former
accused may be an asset to the human society. It is the social duty of a judge
to see that the accused is not unduly exposed to hardened criminals. Thus the
judge has to walk on the thin roap like a circus man and ensure that Justice is
done in a two-fold manner: one; ends of the criminal justice are met; two, the
aim of the Social Justice is also achieved. After all we all are members of the
human society. Our social structure includes the Judge, the lawyer, the
accused, the loved ones of the accused who still need him and so on.
The latter part of the Social Justice
can be met when the criminal who comes out of the jail on completion of his
period of incarceration is a soft-spoken man whom the society will not shun but
assimilate. Thus his persona will not be lost to his old mother, brothers and
sisters but would be back to where he belongs.
CAPITAL PUNISHMENT
The J&KL case has come up for
hearing and sentencing at a time when both the firmament and the planet Earth
are agog with the news that the present Creation of the Almighty may come to an
end. If that is the case, a simple imprisonment would meet the ends of justice.
In the case of rape, there is no capital punishment as of now. However, strong
pleas are being advanced by national leaders like Sushma Swaraj that a rapist ,if
found guilty, may be awarded capital punishment. The planet Earth may not be
burdened with the body weight of criminals who are Rapists and hanging them by
the neck until they are dead is the proper thing to do.
Indeed pronouncing of judgement and
then quantum of punishment would depend on the concept and practice of the
judge. It would be a good idea for all of us to just “Stand and Wait
“: as was said by
Milton in the poem, On His Blindness.
By Brigadier
Chitranjan Sawant,VSM
The social perverts advise pretty
girls and say that when rape is inevitable, the girls would do well to lie down
and enjoy. It is this kind of mindset that encourages social perverts to go on
prowl in dark and shady joints to ambush single separated women, juveniles or
adult bread-winning females of the family. The goons not only rape hapless
women but also make videos of the abominable act, shoot the hapless victim in
the nude to arm themselves with a piece of blackmail and terrorise the victim
into submission for repeated rapes. For fear of social stigma, the poor victim
submits to diktats of the goons at a place, date and time of his choosing.
The crime is committed repeatedly but
for lack of a formal complaint, read FIR (first information report, the Police
does not go into action, the State or the Central government do not contemplate
action for lack of a written report. Thus there is total inertia of the law
agencies and the govt goes to sleep again. No one is bold enough to wake up the
modern Kumbhkaran like government and
it is the hapless citizen who runs from pillar to post not knowing what to do
next. On the other hand the rapist moves around boldly threatening the victim
with a worse form of sexual exploitation along with goons and goondas. Unable
to bear this mental and physical torture of the worst order, the exploited girl
takes recourse to committing suicide. Her untold story of rape and social
exploitation is cremated or buried along with the body and that is the end of a
gory episode. The criminals get a boost with the curtains on their cognizable
crimes. Thus emboldened they open a new chapter and begin exploitation of a
fresher in the same manner as they had done heretofore. Sad indeed.
RAPE DEFINED IN LAW
What act or omission on the part of
an individual or a group of persons is called Rape legally and is punishable by
an order of a court of law? Who come under the purview of the said law and what
is it called? Good questions indeed because the common man has to be educated
in the matter so that he or she knows her rights, duties and how to go about it
in case a crime of rape has been committed in the family or in the
neighborhood.
Rape is a crime defined in the Indian
Penal Code,1860 that was enacted and promulgated by the British government in
British India. The Indian States like Jammu & Kashmir
had theirown penal and civil laws like the Ranbir Penal Code named after and promulgated
by His Highness Maharajah Ranbir Singh Ji, the then ruling and reigning
Maharajah of the princely Dogra Hindu State of Jammu & Kashmir. Likewise
other princely States had enacted their own penal laws and High Courts to
interpret them. All subjects of the States concerned were subject to these
laws, irrespective of their Dharma or religion.
Without going into technicalities, let us take
a look at a simple definition of the crime of Rape as given in the Indian Penal
Code and simplified here for the common man. One may say in a nutshell that
Rape is:
Physically force another person to
have sexual intercourse. Rape is a type of sexual assault usually involving
sexual intercourse which is initiated by one or more persons against another person
without that person’s consent. Of course, it should be plain and simple .
Consent obtained by coercion,
inducement, misuse of authority, deception or of a person incapable of giving
consent or is a minor or insane will not
be deemed valid consent in the eye of law.
The IPC clarifies that Penetration of
penis into a vagina is sufficient to constitute the crime of Rape. The accused
is not entitled to take the plea that he did n have a full intercourse or that
he did not discharge his semen into the vagina of the prosecutrix.
The oral or documentary evidence may
be adduced by both sides to prove or disprove the charge. The relevant sections
of the Indian Evidence Act governs the scenario and the judgement is pronounced
when the judge is ready after a few days. THE AGGRIEVED PARTY MAY GO IN APPEAL
TO A HIGHER COURT.
PRONOUNCEMENT OF PUNISHMENT is done
by the Judge a couple of days after he had found the accused guilty of rape
under section 376 of the Indian Penal Code. It may be a term in the jail or
both incarceration and fine. Generally speaking, only Fine is not imposed but
it may be just a jail term.
Reformation of the accused is the
main aim of the judicial system. It is not just awarding a jail term where he
would meet hardened criminals who would influence our greenhorn-rapist so much
that he would be a total loss to the human society. The punishment pronounced
by the judge must be Reformatory so that the accused is not a total loss to the
human society. If he is reformed, in his post-reformation period, the former
accused may be an asset to the human society. It is the social duty of a judge
to see that the accused is not unduly exposed to hardened criminals. Thus the
judge has to walk on the thin roap like a circus man and ensure that Justice is
done in a two-fold manner: one; ends of the criminal justice are met; two, the
aim of the Social Justice is also achieved. After all we all are members of the
human society. Our social structure includes the Judge, the lawyer, the
accused, the loved ones of the accused who still need him and so on.
The latter part of the Social Justice
can be met when the criminal who comes out of the jail on completion of his
period of incarceration is a soft-spoken man whom the society will not shun but
assimilate. Thus his persona will not be lost to his old mother, brothers and
sisters but would be back to where he belongs.
CAPITAL PUNISHMENT
The J&KL case has come up for
hearing and sentencing at a time when both the firmament and the planet Earth
are agog with the news that the present Creation of the Almighty may come to an
end. If that is the case, a simple imprisonment would meet the ends of justice.
In the case of rape, there is no capital punishment as of now. However, strong
pleas are being advanced by national leaders like Sushma Swaraj that a rapist ,if
found guilty, may be awarded capital punishment. The planet Earth may not be
burdened with the body weight of criminals who are Rapists and hanging them by
the neck until they are dead is the proper thing to do.
Indeed pronouncing of judgement and
then quantum of punishment would depend on the concept and practice of the
judge. It would be a good idea for all of us to just “Stand and Wait
“: as was said by
Milton in the poem, On His Blindness.
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