Nirbhay

All posts in the Nirbhay category

Is this Justice? 28 Months for Rape and Murder?

Published September 11, 2013 by vishalvkale

Someone participates in wanton rape and murder – gangrape at that; and then murders the helpless woman; mercilessly beating and torturing her, and committing unspeakable deeds – and the best our justice system can do is meet out  a punishment of 28 months for one of the most brutal culprits? Is this justice? Just because the most brutal animal of the lot is a few months short of 18, he is let off with a light sentence – a sentence that does a mockery of justice?In 3 years (a little less, actually) this person, this poor excuse for a human being will be let off to roam the streets again.

What is the guarantee that this person will be reformed? Where is the guarantee that these 3 years will not harden his resolve to be more careful – and not be caught? 3 years later he will be roaming the streets again – having tasted blood once. 3 short years is what he pays for raping, torturing and killing a young lady in the prime of her life. The victim loses her honour as well as her life; the perpetrator goes on to enjoy life to the fullest after paying for just 3 short years for a deed that is too horrifying to even mention! And this is our justice system! Well done, well done indeed! What an exemplary lesson for crime!

The message that will go across to all such youngsters in this age range is that ladies are fair game; even  if caught, we get off lightly. To a certain category of people, to whom lawlessness is a way of life, this might even be an open invitation! I may be sounding melodramatic, but this sounds logical to me at least. The law has totally failed to set an example and provide a deterrent. To a person already on the wrong side of the law, and a history sheeter, for example, 3 years is nothing.

While I admit that attempts to reform are laudable, and should always be the first priority; this should not and cannot be extended to all cases. Logically, a certain class of crimes can and should be expunged from this forgiven category for the good of society as a whole. I am not concerned only with revenge for the hapless soul; I am also concerned with setting up a deterrent. And the justice meted out in this case does not qualify for that category – that of a sufficient deterrent. This is not about revenge; it is not about blood for blood. It is about exemplary treatment to such criminals, which would act as a deterrent to further such incidences. And even if the punishment does not act as a deterrent, at least it should not send the wrong message to all other youngsters in the juvenile category.

And on both these counts, the law has failed us Indians. I am not a lawyer, and am not aware of the finer points involved; but this sentence makes no sense. Absolutely none.  Justice has not been done; the society has not been served; the family of the victim have not yet managed to bury their past. This sentence is likely to haunt them for a long time; as it is the family intends to fight this verdict. To them, there is no closure. This verdict has actually sentenced an entire family to a life of fight and despair. Instead of punishing the guilty, the law has unintentionally caused considerable pain and continual suffering to the family of the victim. 3 years later, this man – who was the most indescribably cruel of the lot – will roam the streets a free man; while the family of Nirbhay will suffer in silence, fighting a hopeless case in the courts of the land.

My heart goes out to the hapless family, abandoned in this dark hour by the state; their justified fight forgotten at the altar of juvenile justice. My heart trembles to think of the lesson this is sending out to other such people in our society who might be willing to risk 3 years of their lives. Is this justice? No sir, beyond any shade of doubt, this is not justice; the needs of justice have not been served. Society has not been served; justice lies denied to both society as well as the family of the victim. Especially for the family of the victim, there can be no closure!

If the law is not upto the mark, change it! That is why we have elected leaders into parliament! What are they doing? Nothing, that is what. My complaint is not against the Supreme Court; it is against the  ladies and gentlemen who run the parliament, the people who make the laws. Change the law; change the juvenile age. Alternatively, you can exempt certain crimes from this protection. If the constitution is a problem, bring in an amendment. Countless amendments have been made; some senseless. At least, at the very least the Government can amend the constitution for a just cause. The Government owes this to society; in fact, it is their solemn duty. I can only say that just as the family does not intend to keep quiet – we, the people, should also keep this case alive, and keep up the pressure on our lawmakers to change the laws, and make that man pay!

Is anyone listening?

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The Silence of the Media, leading from the silence of the people…

Published March 24, 2013 by vishalvkale

This little tit-bit of news is tellingly absent from any other news website as at 6:38 pm today. It can be seen only on Hindustan Times… link above. 
For the rest, I had to do a  search…



More importantly, India has moved on…
Corruption? Chaltaa hai. 
Bribe? Ok. No problem
This precise same attitude can be seen in each and every case that has happened in living memory… AMRI file case. Remember that? What happened afterwards? Were the guilty punished? What steps have been implemented by various state governments and the central government to ensure mandatory fire-safety equipment and procedures in buildings? There has been at least 1 major incidence of fire after this that I can recall… but no.  How many of us have checked whether our offices and flats have the mandatory clearances and procedures / equipments in place? Our Media is silent; and our people are uncaring…
Remember the Nirbhay case? Silence… absolute silence. Just about everybody and his uncle was voicing an opinion on social media and mainstream media just 3 months ago. And today? She lies forgotten; steps taken by Delhi to improve its roadways and auto-drivers largely ignored by everyone. And as regards the juvenile, his punishment is now a thing of forgotten memory. There is no pressure from any side on this matter. Perhaps a small Media comment somewhere, and no reaction from the public. Once again, our Media is silent, our people uncaring…
We have moved on… 
Jo raah chuni toone, ussi raah pe raahi chalte jaanaa re…. 
(Please dont sing the second line of this song; it doesnt fit our society…)
Well done, India. Our freedom fighters must be so proud at the state of the nation… well done, indeed…
How many more Nirbhays’ how many more Kejriwals and how many more AMRI-like fires do we require to wake up? Astounding! Astonishing! I for one, am speechless… despite the above rant! 
Jaago, Sonewaalon!

No lessons learnt from the Nirbhay case…

Published March 9, 2013 by vishalvkale

The article above raises some serious concern over the lack of official apathy, and what seems to me to be a total lack of governance. Autos on the fateful Dec 16 route are still refusing to go to Dwarka – and the police is doing nothing about it. The entire Nirbhay incident seems to have been consigned to the dustbin of sad memories – and it is life as usual for everyone including the government and the people. There have been few lessons that have been internalised from this entire sad scenario…
The total lack of even the most basic of steps by the New Delhi traffic police : ensuring that Autos do not overcharge, and refuse to go; or that of providing alternative means of transport to the public has been ignored. No meters are used; rules are broken in front of the traffic cops, who apparently do nothing. Rampant overcharging, refusal to take people to out-of-the-way destinations – all in the open. This begs the question: are these autos above the law? They obviously fear nothing from the police. This lays open the field for further questions, none of them very comforting…
This is not just about that Dwarka route where the incident happen; my point is that this is precisely the way things happen in India. Remember the AMRI fire? Reference: http://reflectionsvvk.blogspot.in/2012/01/amri-fire-fundamental-questions.html. This incident too has been forgotten; no lessons seem to have been learnt. There is no indication of any action on fire safety hazards steps, and nothing has been done on public education to ensure that people cooperate. In short, a silence: we have carried on as before. Yet again, no lessons have been learnt.
A similar argument can be made for any number of incidents that hog the headlines of our newspapers and our Media, and then are replaced by others, which each subsequent incident doing little to change the status quo. As my social issues tag displays, http://reflectionsvvk.blogspot.in/search/label/Social%20Issues?updated-max=2013-02-20T12:18:00%2B05:30&max-results=20&start=8&by-date=false our media has faithfully reported each and every such incident vociferously and examined the repercussions in some detail. And yet, the absence of a sustained pressure from the public and the media in the form of continued follow-ups and questions has meant continuing official apathy. We all know the bureaucracy does not act; the fact that we dont act to ensure action points to both official and public apathy.
We Indians dont even want to act to protect ourselves, to provide basic amenities to ourselves, we dont want to ensure good governance, our Media is more interested in current news rather than leading change… this has become a social issue of monumental proportions…
Jaago Sonewaalon!