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Crime has no Gender, Religion or Status- Ought to be viewed through single Kaleidoscope
Capt (IN) J.K. Sharma | 05 Mar 2014

Crime is a crime and ought to be treated as a crime. A cold blooded murder by a women is no less heinous a crime than an identical murder by a man, a Hindu murdered by a Muslim is as much a crime against humanity as it is vice-a-versa; Similarly crime by powerful is as much a crime as by a simple commoner. Why the police and judicial System gone overboard in protecting reliance son or murderer of Sunanda Pushkar?

Year 2013 gone by, saw in July 2013, Chandigarh CBI Court ordering of framing of Charges in the “Cash at the Doorstep” corruption case against former Judge Ms. Nirmal Yadav of the Punjab and Haryana High Court.  This order did not come easily, as it required the united support and activism on the part of the P & H Bar; which, rose as one to ensure its continuation, each time in the last couple of years,  it appeared that the case against Justice Yadav could be dropped.

It can  be dubbed as the singular most important victory  of the P & H Bar , which this year is celebrating its role, as part of  advocates fraternity under aegis of  “50th Anniversary celebrations of Bar Association of India”. At the same time relevant to mention that March 2011’s Presidential Grant of sanction to  prosecute her under Section 19 of the Prevention of Corruption bestowed upon her the dubious distinction of being the first serving high court judge , that to a “Women”, in the country to be charge sheeted in a corruption case.

In August 2008, wrong delivery of Rs. 15 Lakh  at the residence of another lady judge of the High Court, who reported the matter to the Chandigarh police lead to bringing into limelight the Corruption in Judiciary. Justice Ms. Nirmal Yadav, was a sitting Judge of Punjab & Haryana High Court  at that point in time.

Justice Ms Nirmal  Yadav filed a revision petition before the High Court against the order of the CBI Court, saying that it was “illegal, erroneous and untenable in the eyes of the law.”  On September 13th 2013, Justice N.K. Sanghi, instead of issuing notice to CBI and hearing it , summoned the entire record of the CBI court and directed that her petition be heard within three months. At the very least, in case he had asked for filing of “Paper Book” , the Trial process would not have been impacted. His summoning of entire record  effectively meant that trial would lie in cold storage, till such time the revision petition was decided. This decision by P&H High Court evinced  sharp criticism by  special public prosecutor  of  the CBI and Judicial Activist  Mr Anupam Gupta. In a written statement he said, “I am deeply distressed by the High Court’s order passed today. It betrays an insensitivity to judicial corruption that cannot be viewed with equanimity. The High Court cannot have a dual approach or standard; one for the judges and another for all other accused. Would the High Court have passed this order if the principal accused had not been a former High Court Judge?.

So apt a poser, it was to the bar as well as the Bench, that it touched a chord with a very wide spectrum of diverse society at large as well as the legal fraternity, as the case had very candidly highlighted the corruption at the highest level of Judiciary, thus increasing the crescendo for Judicial Accountability. May we recall that in September 2011, Justice Soumitra Sen of Calcutta high court, felt humiliated by the adoption of an impeachment motion in Rajya Sabha and facing another in the Lok Sabha , had  sent his resignation letter to President Ms. Pratibha Patil. Although  he still insisted that he wasn't guilty of the corruption charges against him and would continue to believe so throughout his life. In impeachment process Justice SenGupta was heard by the Rajya Sabha, but he did not have the right to seek any cross-examination of evidence before the Rajya Sabha. Notwithstanding, his personal judgment, Justice SenGupta, certainly very deftly avoided to carry the tag of being the first and maybe the only High Court Judge ever to be impeached in India.  Justice Ms Nirmal Yadav, therefore must feel herself fortunate that her right of cross examination has not been denied.

16th December 2012, gang rape case of ‘Nirbhaya’ brought people on streets participating in candle marches all over the country and abroad. The wide spread expression of disgust and anguish, forced Indian Government to constitute a three member Committee headed by Justice J.S. Verma, former Chief Justice of the Supreme Court on December 23, 2012. The Committee was to recommend amendments to the Criminal Law so as to provide for quicker trial and enhanced punishment for criminals accused of committing sexual assault against women. The Committee submitted its report on 23rd January 2013.

The Times of India reported from Udaipur, Rajasthanthat statistics of police reveal that the ‘Crime Against Women’ , barring ‘Dowry Deaths’ has seen an upsurge of 70 %  in the state. The major crimes against women include rape, kidnap, abduction, homicide for dowry, torture, molestation, sexual harassment and trafficking.   The women activists aredemanding more stringent spine chilling laws to drive fear of punishment into the minds of  personnel with criminal tendencies  so as to reduce crime. They are also demanding all women police stations to deal with crime against women, besides all women courts having women judges and  women prosecutors. The more false cases, the more terrible the statistics,… The more  terrible the statistics, the harsher the law, the harsher the law more the false cases !!! The cycle continues and the system continues to milk the men.

The Committee found itself under intense scrutiny of  public gaze and went overboard in giving its recommendations and recommendedthat the exception to marital rape should be removed.  Marriage should not be considered as an irrevocable consent to sexual acts.Hither too, under the IPC sexual intercourse without consent was prohibited.  However, an exception to the offence of rape  had existed in relation to un-consented sexual intercourse by a husband upon a wife. 

The Committee also made recommendations on the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill, 2012 which was already pending in Parliament. Some of important recommendations / changes to the Bill are provided below:

(i)    Domestic workers should be included within the purview of the Bill. 

(ii)   Under the Bill the complainant and the respondent are first required to attempt conciliation.  This is contrary to the Supreme Court judgment in Vishakha vs. State of Rajasthan which aimed to secure a safe workplace to women. 

(iii)  The employer should pay compensation to the woman who has suffered sexual harassment.

(iv)  The Bill requires the employer to institute an internal complaints committee to which complaints must be filed.  Such an internal committee defeats the purpose of the Bill and instead, there should be an Employment Tribunal to receive and adjudicate all complaints.

Wife of  actor Amitabh Bacchan and Samajwadi Party MP Jaya Bachchan became highly emotional and broke down while addressing the Chair Rajya Sabha on the floor of the house on 17th December 2012.
Ms Bachchan asked the Home Minister directly:-  

"First of all, whatever happened? Did the government send any condolence to the family? Did you publicly make any announcement saying we are so sorry something so shameful happened in our country?"

But when the discussion on the final anti-rape bill came up in the Rajya Sabha on 21 march 2013, , Jaya didn’t hide her displeasure. She voted for it but only, she said, because her party asked her to do so. “As an individual I have many problems (with the Bill),” she said openly about  red herrings of potential abuse. In the same breath however, Jaya Bachchan  complained that the powerful also always get away. She shared a story with the House. “A (Maharashtra) minister’s son raped a girl in Mumbai. She came to me and said if I tell my parents they will throw me out of the house. If I go to the police they will not listen to me and I don’t want to go through the medical examination process.”

The Sexual Harassment at The Workplace (Prevention, Prohibition and Redressal) Act and Rules, 2013 have been notified by the Ministry of Women & Child Development. The legislation has been brought in force from December 9, 2013

Post enactment of these Bills, we have seen spurt in lodging of rape cases in  cities, towns and villages. The high  & mighty have been floored by allegations of Sexual Harassment. Allegations of Sexual Harassment raised their head against ex Judges of Supreme Court, Celebrated Journalist Tarun Tezpal. On December 18th, 2013 nation was aghast to know that Mr. Khurshid Anwer, the Director of a prominent Delhi-based NGO, against whom  charge of rape were levelled by a rights activist, allegedly committed suicide. For TV & 4th Estate, within the State,  all these  news  were worth milking by carrying out Media Trial. Mr Mr Khurshid Anwers JNU Professor wife,  very rightly demanded  accountability of media which was instrumental in driving her husband to the extreme step. Regrettably, all  comrades in arms of Mr Khurshid Anwar remained silent over  his suicide.

On January 14th 2014, former Supreme Court judge and National Green Tribunal Chairperson Swatanter Kumar moved the Delhi High Court seeking to restrain the media from reporting the alleged sexual assault case of his former woman law intern. In another case, a man acquitted of rape charges moved the Court seeking directions to Media to publish “WE REGRET” statement about airing the false allegations against him. He wanted High Court to return his honour.

Has the enactment of harsher laws empowered & emboldened the real victims, who in the past hid behind closed doors so that they were not deprived of their future life by choosing to refrain from lodging complaints of rape and sexual harassment to obviate attachment of stigma to their name? Or, is the increase in number of rape cases  due to  lure of compensation which has been attached to settlement of allegation? Or gaining spotlight & fame  such as gained by Nisha Sharma who  had alleged illegal dowry demand and refused to marry and sent back the barat ( though ‘10’ years after ignominy for boy and his family, during the  period of ‘10’ years , she was celebrated as a modern day Rani Laksmibi in school text books, the courts have unearthed the real reason, that she had already secretly married her lover boy in the day)?

Or  that there in reality, there is a real increase in number of real cases,  remains to be seen, which will be evident once judgments start rolling in. However, in number of cases which have been decided , Courts have already made observations and cautioned about the need to be vigilant against filing of false complaints which might be made with malifide intentions. The housemaids have also jumped on to the wagon to the riches by starting labelling  sexual harassment cases against  men who are for some or the other reason staying single. So much so even a man of ‘80’ years has been accused by a housemaid.

Regrettably Feminize  tried to throttle well meaning advice of  sanity , such as raised by Mr Farooq Abdullah standing on the steps of Parliament House speaking about  likely fall out of such allegations.

Palash Krishna Mehrotra in his article “Men under a state of Seige” appearing in India Today has quoted iconic feminist of the west Doris Lessing , who said quote” I find myself increasingly shocked at the unthinking and automatic rubbishing of men which is now so much part of our culture that it is hardly even noticed. The most ill educated and nasty women can rubbish the nicest, kindest and most intelligent man and no one protests. What is happening to men? ....Why did this have to be at cost of men?”unquote. He has rightly summed it “Many Indian Men admit privately that they feel they are under a state of siege. The bedroom has been criminalised. Is it going to  be impossible to form relationships fron now on? Have we as a society, yet again, swung from one extreme to another?

Who can forget the  picture of Professor Stephen  Hawking’s swollen jaw . The Physicist is a completely immobilised  Nobel scientist.  His Marriage with Elaine was a kind of relationshipthat, almost from the very beginning, provoked a storm of controversy - and suspicion - the wheelchair-bound Prof Hawking, 64, who has suffered from motor neurone disease since the age of 22, and the "controlling, manipulative and bullying" (the words former employee) Elaine. What an irony, that even for a fiercely proud man who, though feted as possibly the world’s most famous living scientist, must rely on others to help him perform basic human functions, it surely would have been the final indignity: to be forced to deny that he is a battered husband..

Joseph Earnest  on  December 15th  2013 hosted an article “Harvard study says 70 percent of domestic violence is committed by women against men  on   website   http://newscastmedia.com/domestic-violence.htm    He stated the following in the article

Three years ago I wrote an article based on a scientific study done by Harvard Medical School that revealed domestic violence was not as one-sided as the media often depicts it.  The article to this very day is the second most popular article I've written and is widely cited online and offline.

I have since discovered that the original article that was published on the Harvard Medical School Web site has been scrubbed, and my guess is that certain activist groups perhaps pressured the professors to remove it.  Most of these institutions depend on endowments and grants to function, so it is understandable how that may have been the cause of its removal.

 

A mere reading of http://ncw.nic.in/frmYourViews.aspx   that National Commission for women is just not willing to host adverse comments posted by public at large. All views by individuals since July 10th  2013 have comment “Your view/comment has been sent to the Webmaster and will be displayed very soon”.  

Clearly, NCW is existing on foreign funds and creating a man less world “Only for Women-nay wives, keeps and adulterous wives”.   Not only Congress, but other parties too see 49% women an ‘enblock’ vote bank.  Be it Bachelor Rahul of Congress, whose sexual leanings are suspect , who is trumpeting plank of “women empowerment”, organising all women rallies , ensuring he gets kissed publicly by women  or Mrs Sushma Swaraj ( who is looking at future world through the needs of her own daughter , as she has no son) all are bent upon destroying the very fabric of great Indian Culture, the family system, the building block of Society, which had no thieves, only till 180 years ago in the words of Lord Macaulay of East India Company, by making and supporting draconian women biased laws, so much so that on sole testimony of wife Non Bailable Warrant ought to be issued by police, wherein, the Courts order payment of maintenance to women living in adulterous relationship with another man &  that women will decide which touch or action by a man amounted to rape.

The recent murder of  an allegedly adulterous wife by vice president of a company in Gurgaon, may not  be the  humanly right act, but what options an infuriated man will have in present set-up, where if had sought amicable dissolution of marriage, his wife in turn would have instituted 498A & DV case against him in all likelihood to save her own skin & image, besides would have killed next 5-10 years of his life in court rooms.

Then who can forget communal riots in Mordabad in August 2013. Mordabad as a city and region is carrying a tag of  “ A city of Communal riots”. Md Ali in his article uploaded on TwoCircles.net on  August 20th , 2013  had observed the following :-

“For Moradabad, Hindu-Muslim communal riot is a pattern, which now has become inextricable part of its history, present and future. So much so, that the western Uttar Pradesh town, which was established by Murad, the son of Mughal emperor Shahjahan, has now become a byname for communal clashes. There have been more than a dozen communal violence of small and big intensity during last thirty years.”

Religion based Partition of Indian Subcontinent  is testimony to worst migration during which millions died or were killed in riots. Ethnicity has always divided people be it Shia- Sunni divide across Iran – Iraq, Jews-Palestine in Jerusalem- Israel, muslim-rest in other part of world.  Humanity is worst sufferer, when religion gets the sanction of  Government in power. Indian Population which is widely accepted to be most tolerant in the world, is  regrettably become a ‘tool’ of vote bank politics.  Kashmir is victim of ethnic cleansing of  Pundits, Punjab saw migration by Hindus when militancy by Bhinderwale and his clan was on ascendency. Even todate Hindus migrate from Pakistan and Bangla desh.

India has seen demolition of Babri Masjid , Burning alive a full compartment of Kar sevaks in Gujrat, Killing of Hindus in Punjab, Delhi riots against Sikhs, Gujrat Riots against Muslims. For over ‘12’ years Congress and other pseudo – secular parties have been going in for hide of Mr Modi, the Chief Minister of Gujrat. Who returned to power three times. Even Muslims voting for him. But that does not reduce the din of voices against him. What about confession of Saudi Arebia national that he and his friends buried alive ‘5’ Indians just at time of dawn prayers. Was that a crime by Muslim against a Hindu. Or was it not a crime by an un sensible man  against humanity? It is not understood how crime can be coloured with religion. Crime is a crime against humanity and ought to be treated such. Why delay hanging of Afzal guru or Azmal Kasab , just because they are Muslims & that means to Congress ‘adverse effect on Muslim Block Vote Bank’?

In such a country, the  Bill on “Prevention of Communal & Targeted Violence (Access to Justice & Reparations)2011”, drafted at the behest of Sonia Gandhi  led National Advisory Council(NAC)  was widely seen as divisive as it sought to define victims of communalism as only a group belonging to “a religious or linguist minority, in any state..or Scheduled Castes and Tribes.”  Such a Bill inter-alia sought to designate only Hindus as Born Rioters. What a shameful act on the part of Italy born Sonia, who is daughter-in-law of a lady (Priyadarshani Nehru) , who had changed her religion to Muslim to marry one Firoz Khan in England and later on stole the surname “Gandhi”  of father-of-Nation  through an Affidavit , so as to provide hierarchy of governance at helm of  Congress to her progeny. Rightfully, the Bill was condemned and consigned to dustbin.

So much so for religion based Laws. Who can forget long drawn battle which Nehru had to fight to introduce Hindu Marriage Act, consigning the demand for Uniform Civil Code to history. India is the only country in the World to have dubious distinction of multiple religion based laws. Last entrant is Anand  Marriage Act for Sikhs.

The Country was united by joining up states by Sardar Patel. It was divided on ethnicity & linguist lines for sake of ease of governance. The latest division of Andhra Pradesh by carving out Telangana has emboldened others such as Gorkhaland to raise demand. How much division of Country will be done to meet political aspirations of parties.

Bench of Justice B S Chauhan and Justice S A Bobde while dismissing the anticipatory bail plea of IPS officer P P Pandey, accused in Ishrat Jahan fake encounter case, on August 12 said: ""Look at the tragedy in our country. Decision was rendered in January this year by the trial court and appeal has been heard and arguments completed. Here, appeals filed in the year 2005 against death penalty are not heard by us.”

We are sorry to say that the court's time is being used by senior advocates and big criminals. We can say on oath that only 5 per cent of the time is being used for common citizens, whose appeals are waiting for 20 or 30 years. This court has become a safe haven for big criminals. You come here for the sixth or eighth time for anticipatory bail and we should hear as if we were a trial court." DNA had carried the news article at following link

http://www.dailymail.co.uk/indiahome/indianews/article-2449211/Top-judges-admit-Indias-justice-tragedy-common-citizens-ignored-favour-high-profile-cases.html

The Newspaper whilst carrying the  statement of SC Judges, had cited in the article  facts of Court Cases of few of the Mighty Ones from amongst  a long list of glitterire of men of Power & Status such as Underworld don Babloo Srivastava, JMM Leader & Ex Jhatkhand Chief Minister Shibu Soren, INLD Leader & Ex- Haryana chief Minister Om Prakash Chautala, Real Estate Baron Ansal Brothers, Businessman Sanjeev Nanda, etc. So much so for Justice System vis-vis powerful persons.

 

 

Thus there is a very urgent need to debate the issue

“ Crime has no gender, religion, or Status- Ought to be viewed through single Kaleidoscope”