Suggestions on Amendments to Criminal Laws relating to Safety and Security of Women

Justice Verma Committee,

Sub: Suggestions on Amendments to Criminal Laws relating to Safety and Security of Women.

Dear Members of the Committee,
Wishing you a NIRBHAYA year ahead …..

QUESTION:WHEN PAY AND PLAY IS THE ONLY LAW PREVAILING” …….. What will change, by having another LAW with even Stricter Punishments?

THE LAW: We believe that until the Law has a Built in Clause of Fixing Accountability of the Civic Authority and the Law Enforcer for dereliction of Duty and booking them for ABETMENT to the crime, with punishments ranging from Fines, Suspensions and Terminations etc. and Compensation to the Victim/Family, the ends of Justice will not be met.

SUGGESTION: Every Court Order / Judgment should not only punish the Guilty but also punish the Civic/Enforcement Agency/Official for Abetment, in proportion to their negligence. No one in the country sues the Civic/Enforcement Agencies, leaving the Victim with only a Moral Sense of closure with no Monetary Compensation for the Ordeal/Suffering. The Compensation should be recovered from the Guilty Parties in proportion to their complicity.

EXAMPLE: In the current case the Guilty offenders ie the Rapists will get the Punishment that they deserve, while the Civic/Enforcement Agencies …… Transport Department / Delhi Police including Traffic Police, the Bus Operator/Owner, Auto Drivers who refused etc. should be by Law booked for Abetment, like in the case of Suicides.

Blatant Pay and Play was in operation right from the moment the two Victims left the Movie Theater ….
– Auto Rickshaws do not form any Vote Bank as they are too few in numbers …… yet the politicians keep quiet to their fleecing and misbehaviour …… the police does not take any action …….. is it beyond them or is it that they do not wish to take any meaningful steps as it will block illegal payments (Hafta) running into crores. The rot does not stop at the home guard stage or SHO …… the illegal collections must be going all the way to the TOP …… why else no action despite public outcry ……..if the Autos had not refused to go on that fateful night, this incident would not have happened.

– Every illegally moving vehicle allowed sends a message of invincibility/protection to hoodlums and to the entire police force, DO NOT CHECK at any barricade as the free passage Hafta has already been made. How else do these White Line buses and Call Centre Cabs pick up passengers. Many incidents of theft and molestation go unreported (actually un booked) as the, unwritten rule is “Do not bite the Hand that Feeds”. Even in this case it is suspected these RAPISTS had robbed a passenger but the police did not file an FIR.

– We all see in our areas the Yellow Patrol Bikes chasing trucks carrying Building Materials …… but does that stop the trucks from moving around …… NO …… all the Patrol Bikes and Khakhi Clad Cops are only Collection Agents ……. if they had been out to stop these Trucks from moving around Delhi during no entry hours then no trucks would be seen ……. These Truck Drivers have become so fearless and the system is so will oiled that, they even opt for a Monthly fee, with different Stickers issued ……. can you believe it that the Police Commissioner or the Politicians and even the Media is unaware …… if the problem was unknown the solution can be found …… but how do you find a solution to a problem that is raking in Crorers of ill gotten wealth, while citizens die on roads every day and night.

– Every Delhite burns expensive fuel at numerous barricades ……. with home guards checking papers of Motor Cyclists …… whereas such vehicles are neither stopped nor checked ……. the tempo used in Dhaula Kuan Rape Case and this Bus ……. in both the cases the culprits were sure that they can drive around the city, with no checks …… Police caught this bus with the help of the HAFTA DIARY (unofficial ofcourse) and police cracked the Dhaula Kuan case from the CLUE OF ROLLED UP CURRENCY NOTES TIED WITH A RUBBER BAND used for bribing by Tempo Drivers ….. these barricades are a false security blanket to show to the world that the Police is with you, for you, blah blah…….. in fact these barricades are collection points for haftas and to extract extra pocket money from Motor Cyclists.

– The PCR vans are busy ferrying breakfast, lunch, dinner etc for the bosses or for family use …… as also for collection of protection money from various illegal massage parlours, offices in residential areas, shops in non conforming zones, street hawkers and illegally run Taxis with private Numbers …… SURPRISE ……. we know it …. but the Powers that be (Judiciary Included) do not have a clue …….. with so much to lose in this Multi Crore Parallel Economy ……. DO WE STAND A CHANCE, unless the Law itself fixes Accountability.

THE LAW: We believe that Juvenile Law was amended in 2006, increasing the legal age of Majority to 18 years from 16 years. The law also provides for Anonymity to the culprit and records are destroyed or not made public. This should be done away with. Maximum Punishment should also be increased to 10 years.

SUGGESTION: Studies show that today children are maturing faster and with easy availability of Porn these Children are indulging in acts of sex putting innocent Girls at great Risk. The Legal age of MAJORITY should be fixed at 15 years with a grace of six months either way, keeping the Gravity of Crime in mind. The NGOs dealing with Child Rights may pat themselves for unleashing such Delinquents back on to the streets, with no possible record of REPEAT OFFENDERS, society is at great Risk. As an RWA member we know how smugglers and black marketers use them …… Take a walk to Nehru Place and see them selling Porn CDs …. the police just does not touch them ….. no point. Juvenile Delinquents are a matter of great concern and needs a RETHINK.

THE LAW: We must have a provision of a Victim and Witness Protection Programme enshrined in the Law. All cases should be heard by Gender Sensitive Lady Police and Judges.

SUGGESTION: All Victims and Witness statements should Compulsorily be Recorded IN CAMERA. Victims and Witnesses should be given protection. There should be no need for repeated appearances in Court. Judges and Police handling Rape cases should be made to Qualify a Two Year Masters Degree in Gender Sensitivity and Psychology. In the Corporate World specialised courses are created for corporate needs. If we can open MBA Institutes to cater to Corporate Requirements, same can be done for society , its a question of supply and demand …….. we have to make a beginning and in a few years we shall have the required Talent Pool.

THE LAW: Speedy trials with no scope for Adjournments. Criminals purposely hire busier Lawyers so that Adjournments can be obtained to accommodate a Lawyers timing. The Lawyers should be debarred from taking more work load than they can handle. These BIG NAMES are only ADJOURNMENT SPECIALISTS, leading to travesty of Justice. Too bad if the Lawyer does not turn up, such non professionals should actually be debarred from practice. WILL JUDGES BE AS ACCOMODATING IF THE TENT WALLA DOES NOT TURN UP AT THEIR DAUGHTERS WEDDING citing another DATE …… YES it is the SAME THING TO A VICTIM ….. time stands still only for Judges and Lawyers.

SUGGESTION: A person seeking Justice appears in Court even from his Death Bed, while the person avoiding Justice gets adjournments on a slight bout of Cold to the Lawyer. This not only delays justice but also GIVES A BAD NAME to the JUDICIARY ……. Too long has the fear of CONTEMPT kept the public in openly airing this Reality. If not checked ……. Judiciary may be next for Jantar Mantar treatment ….. unfortunate.

THE LAW: Enough safe guards should be there in place that the Law cannot be misused to settle personal enmity. Hostile witnesses should be tried for perjury.

SUGGESTION: Dowry Law has shown that Females can use the Law to their advantage also. Equal Punishment should be given to those misusing the Law to entrap/blackmail citizens on false or concocted charges. Such false witnesses should also be given the same punishment as is for the crime and heavy fines should be imposed with imprisonment.

THE LAW: Finally the PUNISHMENT. Three levels A) Minimum five years imprisonment with Chemical Castration. B) PHYSICAL CASTRATION and Imprisonment. C) PHYSICAL CASTRATION followed by HANGING after a few years.

SUGGESTION: Heinousness of the crime has to be kept in mind, though unacceptable keeping the current charged atmosphere. Physical CASTERATION will be the deterrent that will scare Rapists. Reversible Chemical Castration in some cases may be considered. Maximum Punishment must be PHYSICAL CASTRATION followed by HANGING after a few years will be the only option in Heinous Cases.

In conclusion, I wish to humbly submit, in earlier times people used to TRUST …… then came TRUST but VERIFY ……. today the Citizens do not know WHOM TO TRUST ……. we look to your Committee to RECLAIM TRUST.

These are preliminary submissions, I request you to give me an opportunity to elaborate in person .

Warm Regards,
Rajiv Kakria
Chairman, E-Block, GK-I RWA.
Mob: 09810275168