Archive | December 2013

365 days after Jyothi’s death

but i hope this will be read at least by one person

365 days ago a life went out of this horrible nation:
One year after Jyothi’s death some questions remain:1) When a woman is gang raped, should the accused be arranged as 1st, 2nd, 3rd and so on. Jyothi and her friend were lured into the bus by a call given by the juvenile. Then should he  not be made the 1st accused.
2) Rape is mostly classified as a patriarchal act. When a man wants to dispose sperm he either goes for sex or masturbates. In a rape case also the intention is only that. Breaking the mind of a woman is only secondary for him. After ejaculation he may leave the woman or kill her. The rapist enjoys life to the hilt during the act while the victim is undergoing a horrendous experience. It being so does the rapist deserve protection under law. Women are not sperm disposers of men.
3)The verdict of 2 rape cases after Jyothi’s death  reported in the Times of India was very disturbing. In both the cases the rapists’ death penalty given by the trial court was upheld by the respective High Courts.But the Supreme Court commutted the death penalty to life in both cases. In one case a youth killed an old woman, raped her  pregnant daughter-in-law and stabbed her 19 times. The woman avoided her belley from taking the stabs to save her child. The SC verdict was that he was drunk and should hence live to be  reformed. The second case was the rape of a daughter by the father. He was arrested on the complaint of her mother and was convicted. He came out on parole and killed the mother and daughter. The SC spared the noose with the reason that during the crime there was another daughter also in the house and the man had spared her,  hence he can live.
No wonder they call us a banana democracy.
4) Jyothi’s case has some paranormal relevance also. The first accused hanged in jail. The trial court judge lost both his parents in a span of 10 days. Justice Verma who pepared the new rape laws expired soon after submitting the report. The honourable madam who placed a wreath on Jyothi in the middle of  the night now lies vanquished.
The energy that came out of Jyothi after her brutal killing has spread all over India, which cannot be overlooked by  the criminals or their protectors, be it the wily politicians, corrupt executive, criminal lawyers or insensitive judges.
5) During the liberation of Bangladesh it is said that Vajpayee addressed Indira Gandhi as goddess Durga (he got carried away). Had Jyothi been alive she would have become an icon larger than Indira. A force to which all can look upon, an entity the politicians will fear, which will drain their power.
6) In rape cases, during trial humiliating and embarrassing questions are asked to the survivor (Times of India calls a subject of rape a survivor instead of victim). The journalist who was gang raped in Mumbai fainted after the questioning in court. My brother who was an advocate had to stand as witness for his friend in a case. He was cross examined by a lawyer who asked stupid questions to which the judge was smiling. The carriage of justice should not result in its miscarriage. When a witness is subject to harassment which is allowed by the judicial officer the case fails and the accused will be at large.
7) The colonial legacy of addressing judges as Your Honour and My Lord continue to this day. We respect our parents the most, but have we addressed them in such a way even once in a lifetime. The judges should voluntarily stop this sycophancy.
It is better judges do not deliver verdicts on the retirement day. Many were/are shocked at the verdicts regarding to NEET & sec.377.
When an accident occurs people are afraid to go to the help of  the victims. Jyothi and her friend who were thrown out of the bus, lay on road for many minutes. Many passers by never went to them. It is not that they are inhuman. But  harrassment by police, delay in courts in witness testimonials keeps them away from the accident victims. Had Jyothi been taken to hospital earlier…? No use in such questions now. But what a fall my countrymen when you feared harrassment in police stations and court rooms and avoided a helping hand.
In the recent law intern’s case the accused is seen profusely supported by the ex CJI Mr.Altamas Kabir and the eminent jurist Mr.Soli Sorabjee. A lawyer becomes famous by winning cases for which he needs judges and all judges are former lawyers which completes a full circle. The judicial committee appointed by the CJI had founded that the accused did something unwelcome. But the SC has washed its hand without taking any action voluntarily.
India is a democracy but not a free country. In the Palghar FB incident when the police filed a case due to the pressure from shiv sainiks , the judge took cognizance of the offense fearing whom? The case was later closed and the judge transferred. But who is going to monitor the future cases he deals with. Many people are wary in liking FB status updates fearing persecution ( are we living in communist China or KGB’s former USSR? It would be better if we are prepared to get our throats slit like Joseph K of Kafka’s Trial and die like a dog on the road). For whom the bell tolls asked Hemingway, similarly for whom does the judiciary stand. Most government departments are under staffed. But with 3 crore cases pending the Indian Judiciary is blaming the tools. Why are cases adjourned to suit the lawyers’ convenience. When a lawyer has 3 cases posted on the same day, he appears for one and asks for adjournment for the other 2 which is granted whole heartedly. When we say justice delayed is justice denied, they say justice hurried is justice buried. Then how come 3 lakh cases were settled in a recent Adalath which shows that if there is a will there is a way.
If a crime is committed in a bus the vehicle will be brought to the court premises for evidence. What if the case occurs in a ship or an aircraft? The way to justice through courts is tedious. A judge is a judge even outside court premises. Innovative measures are to be framed for trial and the judiciary should not wait for the corrupt government to frame rules. Prisoners are escorted to different courts for trial in the morning and brought back in the evening resulting in wastage of money and a threat to the society. Why is video conferencing method not used here?
A judge being a former lawyer knows clearly that the defense lawyer would would seek constant adjournment to delay the case. The HC has allowed time in the trial regarding confirmation of death penalty to the killers of Jyothi for translating court proceedings to Hindi for the benefit of the accused.What if at a later stage the defense lawyer plead that his client is illiterate and should be allowed to learn Hindi so as to read and understand the court proceedings first hand.
After all we the citizens being fools, lead divine light (O judiciary.)
Why sec.377 was not declared unconstitutional. Many of  them, even articles in Constitution were declared so. We thought that no rule should violate a basic human right. Homosexuals and lesbians are also human beings and they are different. Should the judge wait till he gets such a son or daughter and then become sensitive. ( In a larger sense should he not see other young ones as his son or daughter. Or are they waiting for a rule for this also).
The wife of  the then CJI who was a child right activist   lent her words for the protection of even this juvenile brute.
8) Frustrated, we say impossible/ non sensible things. One of the doctors in the team which took care of Jyothi, on hearing the news to shift her abroad for organ implant said, that this is a case of organ transplant, not implant. For this the Home Minister’s stooge, a doctor from Medantha medicity who was not in the team of doctors treating Jyothi replied vehemently, ‘No, organ transplant is ruled out’. This doctor was very much right as Jyothi was leaving her body. Only to save Delhi from the flames of fury and the skin of politicians she was sent abroad with no sincerity in saving her life. Six brutes used her body for pleasure and the these insensitive rulers used it to save their seats.
The authorities even tried to cremate her in the night itself which was rejected by her father. In a way it was good that she died outside India. Five of her killers are still alive. Only four of them have been given death penalty. If  HC confirms the death penalty then it will be challenged in the SC and on confirmation will be followed by a review and curative petitions. Then a mercy petition will be filed before the President of India. It should be recalled that the former Prime Minister Rajiv Gandhi’s killers who were given death penalty for the act done in 1991 are still alive and are seeking freedom as there was an inordinate delay in disposing their mercy petitions. There is a case before SC regarding this delay in which some five to ten death penalty holders are enjoying life now. The juvenile who was the real killer of Jyothi in NOT going to be hanged by the judiciary. He will be moulded to fit society when released. Of the 3 years of punishment given to him, he has already served one year in the juvenile home.When he comes out after 2 years he may be given a standing ovation. There was a report in Times of India that someone is trying to prove that this juvenile was not more cruel than the other killers which may result in a reduced punishment. After all truth and the way a judge is convinced by the lawyer are unfortunately two different things.
If we think that on getting  death penalty the convict will suffer on  day to day basis till he is hanged, we are wrong. There is killer named Govindchami in a Kerala jail who raped and killed a girl by pushing her out of a moving train into the tracks. He actually gained 8 kilos after the verdict. He even gets mutton daily in the jail.
The mistake Delhiites made was that they did not take the pen in this case.  protest in the street will become part of history unlike the written word which would stay alive. Jyothi’s case was allowed to be taken by the government. The compensation and the flat given to the family could have been borne by Delhiites itself.
The compenstation from the government should have been taken by the family only on elimination of all her killers including the juvenile. In the Kumudini case in West Bengal which as trivialised by Mamata Banarjee the expenses are borne by the people themselves. No government funding was taken for it.
If the compensation was not accepted then the case would have burnt more compelling the government and judiciary to act fast and sensibly.

Being a government staff i am clearly shooting my mouth off, but i put these words invoking the spirit of Jyothi which will come to the rescue of the hapless.