WOMEN AND CHILD SAFETY
Dear Friends ,
1. I was little surprised to go through the appeal of Mr. Rajendra Pratap Gupta asking to high light the challenges related to women and child safety . He is asking to take up this matter in three steps; firstly -Issues ,secondly - Root Cause , thirdly - Solutions .
2. Please do not take me amiss , this post is not to ridicule any one neither should it be viewed as an attempt to hinder the process of transformation of current weaknesses into result oriented conclusion in future.
3. Do we need to list down the crimes which are being committed against women ? Are we blind to see these crimes or we are turning our head away since your and mine sisters/wives/mothers have not faced such ghastly acts of rape and murder - may god bless every woman of this country and let not any woman be a victim of such perverted act of men.
4. I had forwarded my suggestion directly to PMO through the PM's web site on 27 May 2014 before Badaun rape and killing incident took place. It may not be out of place to mention what I had stated in my recommendations.
5. Offences like rape , murder , kidnapping , thefts and other crimes where eye witnesses exist and the suspects/offenders have confessed to their crimes; must be concluded within 30 days of crime/apprehension of suspects. This suggestion of mine may be termed as " Non Starter" by most of you on the pretext of existing provisions of law and the legal procedures involved therein. We may feel helpless in front of existing legal system and accept the fact that present judicial procedure will give enough time to criminals to defend them selves and get off the hook by " lack of evidence " after years of hearing in various courts.
6. We should hit the iron when it is hot to give it a defined shape and not when it goes cold. In the present system we are in vain trying to mold cold iron with no results.
7. Should we think on issues , cause and suggestions or should we concentrate on speedy sentence from the courts.Who can change the existing faulty legal system for such crimes ? A government which is in power and today the government enjoys undisputed majority and is in a position to change and bring about amendments to current clauses of law books.
8. The summary of my recommendations sent to PMO is as under :--
(a) Crimes such as murder, rape,kidnapping,terrorist activities,thefts and other crimes where eye witnesses are present and suspects have confessed to their crimes should be concluded within 30 days of crime/apprehension of offenders.
(b) No appeal for such crimes in higher courts; the decision of lower court should be final for time bound conclusion of sentence awarded.
(c) Criminals for rape and murder be tried and punished in public domain through electronic media coverage. This will shake potential criminals to commit such crimes in future.
(d) Fast track court be put in place for such crimes. Retired judges can be appointed in all the states to conclude such pending cases in a time bound manner.
(e) In Army, "General Court Marsha" ( GCM) is ordered and 3 to 5 members and a presiding officer are detailed to conclude the case in a stipulated time frame. The provisions and procedure for such court marshal are covered under the constitution if India. Similar kind of arrangements can be legislated though an amendment bill to existing legal procedures to fast track award of sentences for such crimes.
8. Well , many of you may not agree with my views and some of you may even say " entire country is not Army " and a civilian does not come under the Military Law. Well if a soldier in uniform can come under the provisions of civil courts for " Rape and Murder " then why civilians can not be covered under Military Law for such crimes ?
9. Is law meant to guard the people against crimes or it is a tool to protect criminals who have committed crime. The whole world knows that a crime has been committed ,they also know as to who has committed the crime still the criminal can not be punished since our law lays down a procedure which prevents a criminal to be tried summarily.
10 Finally, Mr. Rajendra Pratap Gupta , I did not mean to cause any kind of hindrance to your efforts.
with best wishes,
Brig Pradeep Yadu more
1. I was little surprised to go through the appeal of Mr. Rajendra Pratap Gupta asking to high light the challenges related to women and child safety . He is asking to take up this matter in three steps; firstly -Issues ,secondly - Root Cause , thirdly - Solutions .
2. Please do not take me amiss , this post is not to ridicule any one neither should it be viewed as an attempt to hinder the process of transformation of current weaknesses into result oriented conclusion in future.
3. Do we need to list down the crimes which are being committed against women ? Are we blind to see these crimes or we are turning our head away since your and mine sisters/wives/mothers have not faced such ghastly acts of rape and murder - may god bless every woman of this country and let not any woman be a victim of such perverted act of men.
4. I had forwarded my suggestion directly to PMO through the PM's web site on 27 May 2014 before Badaun rape and killing incident took place. It may not be out of place to mention what I had stated in my recommendations.
5. Offences like rape , murder , kidnapping , thefts and other crimes where eye witnesses exist and the suspects/offenders have confessed to their crimes; must be concluded within 30 days of crime/apprehension of suspects. This suggestion of mine may be termed as " Non Starter" by most of you on the pretext of existing provisions of law and the legal procedures involved therein. We may feel helpless in front of existing legal system and accept the fact that present judicial procedure will give enough time to criminals to defend them selves and get off the hook by " lack of evidence " after years of hearing in various courts.
6. We should hit the iron when it is hot to give it a defined shape and not when it goes cold. In the present system we are in vain trying to mold cold iron with no results.
7. Should we think on issues , cause and suggestions or should we concentrate on speedy sentence from the courts.Who can change the existing faulty legal system for such crimes ? A government which is in power and today the government enjoys undisputed majority and is in a position to change and bring about amendments to current clauses of law books.
8. The summary of my recommendations sent to PMO is as under :--
(a) Crimes such as murder, rape,kidnapping,terrorist activities,thefts and other crimes where eye witnesses are present and suspects have confessed to their crimes should be concluded within 30 days of crime/apprehension of offenders.
(b) No appeal for such crimes in higher courts; the decision of lower court should be final for time bound conclusion of sentence awarded.
(c) Criminals for rape and murder be tried and punished in public domain through electronic media coverage. This will shake potential criminals to commit such crimes in future.
(d) Fast track court be put in place for such crimes. Retired judges can be appointed in all the states to conclude such pending cases in a time bound manner.
(e) In Army, "General Court Marsha" ( GCM) is ordered and 3 to 5 members and a presiding officer are detailed to conclude the case in a stipulated time frame. The provisions and procedure for such court marshal are covered under the constitution if India. Similar kind of arrangements can be legislated though an amendment bill to existing legal procedures to fast track award of sentences for such crimes.
8. Well , many of you may not agree with my views and some of you may even say " entire country is not Army " and a civilian does not come under the Military Law. Well if a soldier in uniform can come under the provisions of civil courts for " Rape and Murder " then why civilians can not be covered under Military Law for such crimes ?
9. Is law meant to guard the people against crimes or it is a tool to protect criminals who have committed crime. The whole world knows that a crime has been committed ,they also know as to who has committed the crime still the criminal can not be punished since our law lays down a procedure which prevents a criminal to be tried summarily.
10 Finally, Mr. Rajendra Pratap Gupta , I did not mean to cause any kind of hindrance to your efforts.
with best wishes,
Brig Pradeep Yadu more
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Most important point I find is there will be no appeal to higher court. I know when lower court convicts a criminal, he extends the execution of court order by filing an appeal in higher court. Thus things get delayed. Delay in court cases are very common: Fire in Uphar cinema in Delhi, recently court agreed that Ansal brothers can be tried in court for.... after 17 long years. Till now, it was just starter, main course will follow later, who know how many years will be lost again. We all know our cases gets progressed in court. But sir, I have a question: What if the lower court does not find the culprit guilty and releases him with full honour, in such case, victims also can not apply to higher court. I think appeal to higher court can be allowed, but the higher court will look into only those point where there is dispute. There shall be reopening the case in higher court. In cases, where the lower court believes that evidences support the court order without any kind of doubt, then no one has right to appeal to higher court. A request to review its order can be made to the same lower court. I agree with you sir, that cases must be handled on priority even if it is not raised in media. I am opposed to appeal made by all criminals in Nirbhaya case. They should not have any right to do so once convicted for brutality. more
Jun 02
I completely agree/support the concerns & expressions of Col. Pradeep with a little caution, w.r.t., highly ambitious career & money oriented women who certainly form a very small %age and that too more-likely in urban localities. It's high time now to hold the bull by its horns. Wish if our so called civilized society, more so its younger/future generation compulsorily undergo military training as a part of curriculum/internship, we may not have such a large number of crimes all around. RSS used to partly undertake this responsibility until 2-3 decades back but seems diluted to negligible now. Not merely the front-end criminals but all those who indirectly help, try shadow-over the crimes (including parents of criminals), deserve well-thoughtful penalty. Lack of discipline and accountability for an individual's deeds has brought us to such a shameful juncture. REGARDS more
Jun 02
I second Brigadier Pradeep.........He has merit in the points highlighted. These points needs to be considered seriously to solve this grave issue. more
Jun 02
