Honour Killing is the latest to join the bandwagon of hundred other crimes against women. Not that the act was non existent in the country. It was there but sporadic and under covers. But the last few months have revealed a spate in honour killings with relatives boldly cherishing their acts to maintian the community/caste or class honour. Young couples are being mercilessly butchered and several states are reeling under the problem causing a concern for law makers. While one section of the Government feels that an amendment in the existing Section on Murder in the Indian Penal Code will address the problem, the other section feels a new law is the answer. While this debate continues, many more such deaths continue to take place and the investigation and justice machinery is caught in the problem of bringing the specific offence within the contours of the age old provision of murder.
Do we really need a new law?
new laws are not answers to rising problems. For almost 150 years our wise men of the judiciary have learnt to interpret and analyse the law (IPC in particular) in the best possible manner so as to give justice. The intention/knowledge and other key elements of crime, as figures in the Penal code, have gone through rigorous grinding and thus, a new clause in the Penal Code may be best suitable in the circumstances.
Nevertheless, it is writ with some danger- the judge may try to read the inserted clause with the same specs of doubt and caution as they do for the prevailing sections and frustrate the entire purpose and object of the amendment.
But nevertheless, India must act and act fast to arrest the problem at the earliest.
Friday, August 20, 2010
Thursday, May 27, 2010
Responsive justice
The last few weeks have indicated a positive trend in speedy and effective justice delivery system.First, the death sentence of Kasab and next the enhancement of sentence for Rathore.
The Kasab trial is indicative of a quick and speedy redressal mechanism for the country and the victims of the awful terrorist attack. While the nation remained glued to the developments in the trial- the hip hops of Kasab, the twists of advocates and a lot more, justice seemed to have been done when the judge read his verdict of guilty and hang to death. Though the process of appeal and mercy will take some time more, at least the citizens witnessed a dynamic and deterrent system for the first time in years. It is not the severity of punishment but the certainty of it which deters a person, that is what was worthwhile in the Kasab trial.
The Rathore saga is a sordid tale of a well placed man molesting a kid of about fourteen years, torturing her family and lastly, ultimately forcing the girl to commit suicide unable to bear the pressure. The matter remained under cover for years together until after almost 17 years, the media woke up to the plight of the girl and her family. Suddenly tables turned and Rathore, who till then was the hero, became the most hated man. The judgment of 6 months punishment for molestation was not accepted and on appeal the sentence was enhanced to 18 months. The judge did not pay heed to false pleas of illness etc. and directed him to be taken to jail. He will definetely move for bail and appeal against the sentence; but as of now the family and soul of the deceased has heaved a sigh of relief- justice is done.
The Kasab trial is indicative of a quick and speedy redressal mechanism for the country and the victims of the awful terrorist attack. While the nation remained glued to the developments in the trial- the hip hops of Kasab, the twists of advocates and a lot more, justice seemed to have been done when the judge read his verdict of guilty and hang to death. Though the process of appeal and mercy will take some time more, at least the citizens witnessed a dynamic and deterrent system for the first time in years. It is not the severity of punishment but the certainty of it which deters a person, that is what was worthwhile in the Kasab trial.
The Rathore saga is a sordid tale of a well placed man molesting a kid of about fourteen years, torturing her family and lastly, ultimately forcing the girl to commit suicide unable to bear the pressure. The matter remained under cover for years together until after almost 17 years, the media woke up to the plight of the girl and her family. Suddenly tables turned and Rathore, who till then was the hero, became the most hated man. The judgment of 6 months punishment for molestation was not accepted and on appeal the sentence was enhanced to 18 months. The judge did not pay heed to false pleas of illness etc. and directed him to be taken to jail. He will definetely move for bail and appeal against the sentence; but as of now the family and soul of the deceased has heaved a sigh of relief- justice is done.
Sunday, April 25, 2010
Donate online to accountable Indian NGOs working for the disabled - GiveIndia
Can of Worms-IPL Controversy
The IPL controversy seems to have opened a can of worms with new and nastier revelations coming day by day.Lalit Modi, the man behind the success so far, seems to have suddenly fallen from grace and allegations of match fixing, corruption and benami transactions are all being levelled against him. The country has become judgemental on the criminality of Modi and the means and ways by which he could be punished are being looked into. Indeed, the controversy surrounding the IPL has come as a surprise to the entire nation which has so far been afflicted with the success and glamour involving the same. But conclusions should not be drawn too fast. An inquiry is in process and a little patience is expected before the verdict of guilty is pronounced. Secondly, the involvement of Modi and those of others who have abetted the same must be brought to book without bias and fear. Thirdly, a review of thh situation concerning the game of cricket and sports in general must be done to avoid such fallouts in future. As of now, we remain glued on to our televisions and closely follow the developments that take place. Afterall, the controversy seems to be generating increased interest with Lalit Modi determined to put up a brave fight.
Tuesday, November 24, 2009
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