Crime against women and issues of Law & Order

Crime against women and issues of Law & Order (07 Mar 2015 AIR News Analysis)

Participants: Amit Kelkar, SC Advocate and Satya Prakash, Legal editor Hindustan times

Nagaland – Angry mob - Demapur jail – Farithkhan (Acquittal of Rape case) – beaten to death; similar incident in Varanasi. What is behind this trend?

Lack of legal literacy among the common – poor understanding of criminology – poor understanding of jurisprudence “law is does not believe in taking revenge – it is for prevention or deterrence – two aims of the legal system” Aims is not to finish the criminal, it is to finish the crime;

Judicial process Vs mob justice? In Other the other hand alleged rapes – 35% increase compared to 2013 level – also other crime against women increased more than 156%. Socio-Economic-Education factor stand reason for such crime rates? What are the other reasons behind it?

Deterrent is not created – because of the severity of the punishment – by the surety of the justice – law will be able to detach grave from the shaft or will be able to differentiate the guilty; only by having surety of punishment; real concept of masculinity – to follow certain principle, not to be lustful, not to seek shortcuts; 

Contradiction in the society – Shakthi/Kali, Saraswathi, Lakshmi – both they never treat their mother, wife or daughter in such manner;

Legal system of India is cheapest – stable system; but it has many scopes for improvement; whole system cannot be contemned – it protect the fundamental and human rights of the society; The defect does not diminish the entire system;

Competency of the judges? Judge population ratio – 13/14 judges per million populations; Insufficiency – judicial pendency?

Untrained/ill-trained police – lack of essential forensic laboratory – training on latest technology;

Are Fast tract courts a solution for Nirbhaya type of cases?

Making the justice deterrent – sensitizing the judges on Gender justice; SC verdict – directed all the states to ensure security of women in all public places;

Police cannot be omnipresent – they have to be augmented, trained;

Nagaland incident could be the catalyst for the change; 

Security concern of Social Activist

Security concern of Social Activist (05 Mar 2015 AIR News Analysis)

Participants: Amod kanth, Social Activist/Former DGP and Anil Anand, Senior Journalist

Raising Social issues – civil right activist commendable work – whistle blower- but also counter- movement or Anti movement also taking place- disguise of public interest – Ex: Gandhian Anna Hazare – Anti corruption movement – threat by NRI from Canada;

Requirement public discourse? How to keep the movement live?

Police – want to stop such social activist being vociferous. Annual programme of NHRC – to tackle problem related to Human rights;  

Change - Transforming the society from the established systems, with new idea, new values?

Opposed by the representative of the old system;

Role of police, establishment, society? Public discourse would be the solution;

Bilateral provision – social media message – threat – across the borders?

Where the message comes from – due to - (1) Reactionary though process related to the group/ political group (2) Individual’s Mind/Thought process (3) connected to somebody.

Cross border- international – so, Interpol to collect information – cross border issues – no legal value – no evidence can be collected; International law & agreement between the two countries – Extradition treaty – Eg. India & Canada;

To collect evidence – Indian court and the Canadian court must be working together – many Human rights issues are associated;

Difficult to investigate or to collect evidence? How difficult it is? Recent issue of “India’s Daughter” documentary by BBC? How Bilateral relationship should be strengthened to make the investigation ease, as the world becoming global village?

Some of the lawyers (BBC documentary) – in the name of defending the convicts – used statement derogatory to women;

Reactionary/ conservation (Vs) forward looking/more tolerant people;

Vested interest – misusing - shape/ direct public opinion – less tolerance (intolerance) – inducing irrational thinking – ‘Catch them young’ – children exploitation;

Intolerance – not democratic – not suitable for democratic society;