Violence Against Women

1^st September, 2013

To,

Justice P Sathasivam, Chief Justice of India

Justice K. G. Balakrishnan, Chairperson of NHRC

Sub :    Violence Against Women

Dear Sir,

I have noticed Apex Court’s special concern on the rising rape cases in India and exploring its combating mechanism.  I have done a research and have done a thorough study in tune of Violence against Women in the periphery nations under Dependency Theory.  I am enclosing a copy for your kind perusal which I have already submitted to our Prime Minister, Dr. Manmohan Singh.

In this connection, I have my observations in the two major rape cases on Delhi and Mumbai where the victim of Delhi rape was killed with brutality.  Organized Crimes in any form of violence whether it is terrorism or rapes have a pattern of juvenile involvement.  The utilization of children in petty crime from shoplifting, theft, abduction, rapes and even terrorism because they have easy escape from the Law under the Juvenile Act.  The crime of child abduction and human trafficking is basically to fulfill the requirement of human resources for other crimes. 

The strict Laws against rape or protection against violence will remain futile unless there is a correction in the approach of governance.  Organised Crime cannot be curtailed by the Criminal Justice System, but appropriate governance that will reduce the illicit economy and bring the population under Dejure system.

While witnessing the activism of the society, media, judiciary, political class and active investigating agencies on the women’s issue, it gives some sort of satisfaction that nation do not ignore the community of women no matter how powerful the accused may be.  But I have the small apprehension that our Laws do not fulfill the aspiration of  ‘Equality Before Law’ and Laws varies from the class that is backed up by pressure groups either from the NGOs or the Media, that have International Funding in most of the cases and further influence the Justice delivery system.

To elaborate on this, I would like to present two cases of high profile on rape issue.  Bapu Asaram accused for molesting a minor girl and Mr. Rahul Gandhi and his friends towards abduction for Gang Rape of a girl in Amethi.

Bapu Asaram is facing all the legal obligations including arrest, interrogation and may be imprisonment if found guilty.  Whereas, in Mr. Rahul Gandhi’s case, the strange approach by SC was observed in which it was suspected of a foreign conspiracy in the allegation of the Gang Rape of a girl in Amethi and ordered a CBI probe in the matter whether it is a political conspiracy or not.  CBI gave a clean chit against the allegations while the appellant was penalized with 10 lacs compensation to Mr. Rahul Gandhi and the girl addressed towards maliciously their image of Rupees five lakhs each. (NDTV, October 19, 2012)

I have a few apprehensions on this Judgment.

1.        Why there was no FIR against Rahul Gandhi and why there was no procedure followed in tune of Gang Rape of a girl in Amethi.

2.        Why SC felt that there is a conspiracy to defame Mr. Rahul Gandhi?

3.        What is the authenticity of CBI claim that there is no evidence of Rape, when SC treats CBI as ‘Caged Parrot’?

4.        How SC will justify the distribution of Rupees ten lakhs between both the parties, i.e. victim and accused? Is it a bribe given to the Victim towards the compensation of the crime under the Legal framework and avoidance of Justice?

5.        Finally, whether our Judiciary System is weak and spineless when it comes to First Family of the Ruling Party.

One really feels great when we see the Law Implementing Agencies are actively and fearlessly facing an accused like Bapu Asaram chased by the huge number of his followers, but it gives equally frustrating how the HC Allahabad and Apex Court have become the lobbyist to make Mr. Rahul Gandhi and his friends clean from the Rape accuse and also compensated towards damage of reputation.

Being a responsible citizen of this Great Nation, where Judiciary is treated at par with divinity, it is really frustrating to see that the Laws are only meant for the common masses and not for those in Powers that decide Nation’s fate. 

The victims of Gang Rape of Delhi and Mumbai are the prey of Organised Crime and Poverty of the nation due to false policy of the Congress Government for the last 65 years, where the accused are the contract rapists, but the Amethi Girl is the victim of the Luxury of the First Family of the Ruling Party.

As an independent Researcher in Political Science it will be very interesting to understand, whether ‘Equality before Law’ really exists or it is a Myth to bring the population under the fabric of Law because there is no smoke without fire.

If the Amethi girl does not get justice of the pleasure Crime by the First Family of the Ruling Party from the Court of Law, then the Indian Judiciary does not qualify to provide justice to rest of the rape victims those are the prey of Organized Crime where 60% of the Indian population survive on the illicit economy due to liberalization and globalization as National Policies.

With best regards,

Yours faithfully,

(SHARMILA BOSE)

Encl. :  As above

C.C.  :  Dr. Manmohan Singh, Prime Minister of India

           

Justice Shri H.K. Sema , Chairperson, State Human Rights Commission, Uttar

Pradesh