Sorry if any of you (particularly women readers) felt the above heading offending or it seems to be preposterous. But I have no reason to buzz from what I wrote in my heading, as that is what, at least Honorable Supreme Court of India wants me to conclude.
I do not recall when I came across about this topic. But just above a month back I read some where about a judgement passed by Supreme Court Bench in a gang rape case. Since than that news kept nibbling my soul and mind and made me to search for the right information and the copy of the said judgement.
22nd February 2011 may be called a Black Day in the history of Indian judiciary, as on this day Woman of India lost their right to live with dignity. Now anyone can rape them and walk away free, after reaching on a compromise formula either mutually or forcefully. So women of this country, better learn to enjoy the rape.
On this day 2 Judge Bench of Supreme Court of India presided by Hon. Justis Markandey Katju and Hon. Justis Gyan Sugha Mishra delivered their verdict in a gang rape case, where lower courts had awarded 10 years rigorous imprisonment and fine of Rs. 1,000 each to Baldev Singh and 2 others (Gurmel Singh and Hardeep Singh) who were convicted under Section 376 (2) (g) and Section 342 I.P.C.The accused had already completed 3 and half years of imprisonment.
The 2 judge bench referred above, in their verdict said and I quote a section of their judgement: “we uphold the conviction of the appellant but we reduce the sentence to the period of sentence already undergone in view of the provision to Section 376 (2) (g) which for adequate and special reasons permits imposition of a lesser sentence. However, we direct that each of the appellant will pay a sum of Rupees 50,000/-.“
So this means owing to this judgement the 3 criminals walked free with 3 and Half year R.I. and Rs. 50,000 fine for the humongous crime committed by them. Excellent! Wow!
At this point, I must explain to readers that what is the Section 376 (G) of IPC (Indian Penal Court) and I quote:
“Shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.
Explanation 1- Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section”.
So here is the classic situation – on one hand court convicts the culprits for the crime committed by them and on the other hand reduces their imprisonment by 6 and Half years against the provisions of the IPC because for the reason and I quote: “the parties want to finish the dispute, have entered into a compromise on 01.09.2007, and that the accused may be acquitted and now there is no misunderstanding between them”.
So woman of this country listen carefully, what the Supreme Court of this country want to say to you and had set a precedence for the future rape cases. Rape is matter of misunderstanding and not a crime. Now man of this country can rape you and still walk free. If reason of being old matter and compromise can reduce the punishment to 3 and half year R.I. and fine of Rs. 50,000 sum, tomorrow some other judge may find rape, as a matter of only Rs. 50,000 fine worth.
The website of Supreme Court of India has a captioned quote in Sanskrit: “Yato Dharmas Tato Jaya” meaning “Where there is righteousness, there is victory.” Appears that the Honorable bench of learned judge forgot the spirit of this quote while pronouncing their judgement and kind of the precedence this judgement will set for future rape cases. With this judgement women of this country should never feel safe any more.
With this blog I appeal to all the women of this country to share this blog link to raise their voice. If you are not willing to fight for your rights, who else will? Sad that media/ press never took a note of this and that they don’t care about the issues which don’t offer them increasing TRPs and Circulations.