Wednesday, January 30, 2013

Justice Verma Commission’s omissions and blind spots


The Justice Verma committee was constituted during the aftermath of the horrific rape in Delhi on Dec 23, 2012. The mandate was to look into possible amendments to the criminal law to provide for quicker trial and enhanced punishments for criminals committing “sexual assaults of extreme nature” (Verma Commission report, 1) against women.

   The committee submitted its report on Jan 23, 2013. The committee must be commended for submitted its report within the stipulated time.  For the framing this report the committee took inputs from citizens, Indain NGO’s, foreign NGOs.

   One of the recommendations of the report is to expand the definition of rape which is quite narrow now. However it still does not go far and make rape gender neutral, which is badly needed.  It also recommends considering eve teasing and stalking as crimes punishable with jail time. These suggestions are sensible and most of us agree.

   The panel is against decreasing the age of juveniles to 16 from the current 18. So, if you go by the Verma panel injustice report, the juvenile who inserted a rod into the 23 year old Nirbhaya and pulled out her intestines will be out in a few months to rip off other women's intestines, wombs. And he will not see a day in the jail. There is nothing fair or just about this situation.
According to the Juvenile Justice Act a Juvenile is someone whose age at the time of crime is less than 18. And Verma panel thinks there is no need to reduce this age, nor does it have any provision to recognize violent, brutal crime like rape, gang rape, and torture as adult crimes. A serious loophole in the law remains to the detriment of safety of women and children.

   This is a serious issue juvenile crime has been increasing at an alarming pace. Juvenile crime committed by 16-18 yr olds increased from 2010 to 2011 by 12.5%. In 2011 juveniles in the age group of 16-18 yrs committed 63.9% of all the juvenile crimes (National Crime Bureau Statistics, 2).  Unfortunately, juvenile violent crime like rape and murder is increasing. Justice Verma report does not have any suggestions to combat this menace to the society.

   All it has is some anecdotes about genuine juveniles who committed minor non violent crime and were ill treated in juvenile homes. It has concerns about juvenile rehabilitation, a section regarding the juvenile brain and neurological development. These are worthy issues but, do nothing to reduce violent crime against women.  

   Another glaring loophole of the report is the commission’s blind spot when it comes to the functioning of judiciary. It does not take into cognizance the inordinate delays in the judiciary and lenient attitude of the Justices when it comes to sexual assault against women.
Nor or there any mandatory sentencing guidelines, or guidelines on parole issues. Recently in Pune (PuneMirror.in, 3) a pedophile raped and murdered another girl after he was paroled for 'good behavior'.   His previous crime was rape and murder of another child and the Maharashtra HC did not find this crime rarest of the rare. This ‘rarest of the rare’ is very subjective and must be objectively defined.  It is disappointing that commission did not even find this ‘application of rarest of the rare’ a travesty of justice.

   Another instance of judiciary failing in its duty is the case of Priyadarshini Matto. Her rapist murderer is out on parole and has a kid. Where is justice for Priyadarshini and her family? In spite of some high sounding talk about women having equal rights, the panel’s recommendation do not do much in ensuring justice for victims. Strangely victims’ rights are given a pass and an inordinate rationalization of ‘Juvenile mind’ in case of abhorrent crime of juveniles.

  While such serious issues still remain it is disappointing that the commission deemed fit to bring in ‘Marital rape’ clause where the consent is not presumed.
        “Explanation III: Consent will not be presumed in the event of an existing marital
     relationship between the complainant and the accused” ( Verma Commission report,  P. 466)

   This marital rape clause is not relevant for the security of women in public places. This clause must be part of the domestic violence. This clause if incorporated will be very prone to misuse if the marriage is falling apart. There is nothing to stop a woman charging her husband with ‘marital rape’ for better settlement of assets during a divorce. Dowry laws are a good example. So, if entirely different issues are mixed up, there will not be consensus for harsher crimes for rape/assault defeating the entire purpose of this exercise.

     The commission wants to add a section 376F, (Verma Commission report, p. 471) according to which a commanding officer (CO) is liable for punishment if his sub ordinate commits a rape. And the punishment is “rigorous imprisonment for a term which shall not be less than seven years, but may extend to ten years.” This is an insane idea, why should the superior be held criminally responsible for a crime committed by his underlings unless he is directly culpable. This law does not seem to apply for civilians, or judiciary. If it did MMS, Sonia and Sheila Dixit would be in jail for 2G, Coal gate, CWG etc.  

   According to the commission this breach of command responsibility applies only to armed forces and police. This clearly does not apply to judiciary, so when a judge paroles a criminal or commutes the punishment and the criminal goes on to commit another crime the Judge is not responsible. As mentioned earlier in Pune a convicted pedophile out on parole for good behavior raped and killed another girl. So, should the judge be held responsible and jailed for 10 yrs or more?

   In fact no accountability is demanded of civilian administration. For example in this Nirbhaya case the cops were negligent and allowed the bus to ply as it passed through their check posts just because the bus operator paid the required hafta. Should not these people suffer for being corrupt and indirectly responsible for this horrific rape? If not criminal punishment, shouldn’t their careers suffer? And who in the transportation department allowed this bus to be on the roads after it was impounded in March 2012? Perhaps demanding that the buses that ply on the roads should have insurance for accidents and also criminal liability in case of criminal wrong doing on part of drivers and cleaners. This would have made the owners more responsible. Addressing these issues would have made Delhi roads much safer.

   The report seems to be tailor made for the HR galleries of the West and home turf, not to improve safety of women here. On 28 Jan, 2013 the Juvenile Justice Board declared that the most brutal of the Nirbhaya rapist was a juveniles based on an entry in the school register.  It should be noted that the entry was based on a word by the sadist’s father, without any documentary proof. This shows how little thought has gone into framing laws which are just and fair. And Verma panel woefully underperforms in this regard.

   On the whole the report is a below average rough draft and needs serious revision for it to make any difference on ground. This report does not increase the deterrence value of the punishment at all. Rape and sexual assault are not prosecuted properly, there were 568 rape cases in New Delhi (ND) in 2011 and only one was getting prosecuted. And there was a nearly 23% increase in the reported rape cases in ND in 2012. If the criminals think they can get away with rape and sexual assault they have statistics on their side. Unfortunately this report does not address this ground reality and instead goes off tangent.


First Note:      2. National Crime Reports Bureau, Ministry of Home Affairs.
                          http://ncrb.nic.in/CD-CII2011/Statistics2011.pdf (retrieved Jan 24, 2013)

Bibliography  National Crime Reports Bureau, Ministry of Home Affairs.
                          http://ncrb.nic.in/CD-CII2011/Statistics2011.pdf (retrieved Jan 24, 2013)


First Note:      1: Report of the committee On Amendments to Criminal Law.                                                            http://timesofindia.indiatimes.com/realtime/justice_js_verma_committee_report.pdf     (retrieved Jan25, 2013)

First Note….    3. Report of the committee On Amendments to Criminal Law, Section 376F,                                    Offence of breach of command responsibility (pg 445-446)
            http://timesofindia.indiatimes.com/realtime/justice_js_verma_committee_report.pdf     (retrieved Jan25, 2013)

First Note:      3.   Serial Rapist on Parole, rapes murders another minor girl                                             http://www.punemirror.in/article/4/2013011420130114073613222d0a8e29a/Serial-rapist-on-parole-rapes-murders-minor-girl.html?pageno=3 (Retrieved on 28 Jan, 2013)

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Sunday, November 27, 2011

FDI in retail.


Now that the Congress administration has opened FDI in retail without any due diligence some columnists in the media have taken strong ideological positions regarding FDI in retail without actually giving any reasons as to why.  Walmart has been criticized roundly in US for its business practices. Walmart customers like Walmarts rock bottom prices not bothering to think what that does to the local small business and Walmart suppliers.

Chief ministers and former chief ministers like Jayalalitha, Mayavati, N.Modi, Mamta B, BJP and AP former CM CB Naidu are opposing FDI in retail. There is good reason as to why several popular, local and state level leaders in India are opposing FDI in retail, they have pulse of the of the people and they are elected unlike the appointed honchos at the top of UPA.

Big box retailers  especially Walmart squeeze suppliers bone dry. In US the suppliers could not meet Walmarts procurement prices without shipping their manufacturing to countries like China. Doing so enabled China to master manufacturing know how and expertise. This massive transfer of technology helped China become the manufacturing powerhouse and also a net exporter. US has become a debtor nation from a creditor nation.  Having the worlds reserve currency Dollar, helps US at least in short run. Can India afford to import manufactured goods at the expense of local manufacturing? India with its weak laws and without anti dumping or anti trust laws is going to be a free for all. As it is India's oil import bill in 2010 was nearly 76 billion dollars, can we afford to import more stuff that can be made here?

Congress govt is bombarding the news papers with advts about how FDI will help farmers. This is a cruel joke, the producers, farmers/manufacturers do not benefit from big box retailers. The end retailer gets higher percentage of the proceeds than the producer. The producers(farmers) benefit it they have direct access to the retail market and multiple retailers rather than three or four big suppliers.

Several nations like Germany, France, Japan, S.Korea  restrict big box retailers. There is no reason for India not to do the same, since it is in the interests of its people.











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Sunday, August 07, 2011

So much for the Aman Ki Asha. Also we have delusions of being a world power.

"India Today’s web edition, which has a story on the brutality, says “It is suspected that militants killed the jawans from the 20 Kumaon Regiment, beheaded the duo and reportedly retained their heads as war trophies.” The journal says, “A senior Army official, requesting anonymity, disclosed that the two men of Kumaon Regiment were killed and their heads were chopped off. Their bodies were also mutilated.” Such was the mutilation that the families of the soldiers were requested not to lift the shrouds covering their bodies. Quoting Army officials, the report identifies the two martyrs as Havildar Jaipal Singh Adhikari and Lance Naik Devender Singh. A third jawan, from 19 Rajput Regiment, was shot dead. His name has not been disclosed. The fallen soldiers were cremated on Wednesday at their native villages in Pithoragarh and Haldwani districts of Uttarakhand. But for the report in India Today, India would have remained ignorant of this horror story."

 http://www.dailypioneer.com/358899/The-Birkin-effect-Our-jawans-are-beheaded.html
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http://www.dailypioneer.com/359064/Beheaded-jawans-cremated-in-a-hurry.html

"Some reports claim that infiltrators caught hold of two soldiers of the Kumaon Regiment, beheaded them and took away their heads as war trophies before badly mutilating the bodies.

Army says the bodies were mutilated in a fierce gunfight in Farkian Gali sector of Kupwara on July 30.

Defence spokesman claims that four infiltrators were also shot down while they tried to escape into Pakistan; their bodies were spotted on the other side of the LoC but they could not be retrieved by the Army.

Dwarahat MLA Pushpesh Tripathi, who was present during the cremation, told The Pioneer that the ‘body’ which was brought in the casket did not even have limbs."

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http://indiatoday.intoday.in/site/story/jammu-and-kashmir-militants-behead-two-jawans-retain-their-heads/1/147238.html

A state police officer, who was present at the cremation of Devender Singh, confirmed that the bodies were badly mutilated and not shown to relatives. The Army authorities informed that the heads were blown away during the fierce encounter, he said.
Lance Naik Devender Singh's uncle also admitted that the bodies weren't shown to the family members, and so did a 20 Kumaon regiment official. Militants fired rocket propelled grenades at the jawans, killing them on spot and blowing off their heads, the official said.
He, however, refused to share details of the encounter. Lt Col J. S. Brar, the official spokesperson, HQ 15 Corps wasn't available for comments.




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Thursday, July 28, 2011

A wannabe Knight Templar kills 70+ people in Norway because he is angry with Muslim immigrants and his Norwegian elite. And some in the Indian media go apoplectic and start blaming the Hindutva crowd and wonder out loud if this might happen here. The trial balloon was floated by Praveen Swamy in `The Hindu` and duly picked up by `CNN-IBN` and a day later by `Indian Express`. There is no explanation as to how the two are even remotely related. Looking at the facts on ground where scores of Hindus die every year in terrorist related incidents perpetuated by Jihadists this piece of opinion is malicious. There is no evidence of Hindus committing such macabre violence, however this same author did not worry when Hindus were ethnically cleansed out of Kashmir.


As if on cue CNN-IBN in its report says:
   
   "The 32-year-old Breivik devotes a significant portion of his rambling 1,500-page manifesto posted online shortly before the massacre to the rise of the Indian nationalist movement."

    "The PCCTS, Knights Templar, he said supported the Sanatana Dharma movements and Indian nationalists in general."

The problem with this report is that Breivik did talk about Hindus but Hindus are not his primary or tertiary concern. He spoke primarily about Christians and his ramble about Hindus is NOT 'significant' by any  means.  In fact he spoke about Christians 2218 times, crusades 110 times, Gandhi 6 times, Hindu Nationalism or Hindutva 2 times and Pope 90 times.


So it is absolutely not true that "Breivik devotes a significant portion of his rambling" manifesto on 'Hindu Nationalism".

Not to be left behind IE chimes in claiming
"His endorsement of Hindutva-inspired terror, with lengthy quotations from RSS ideologues, has certainly caused great discomfiture to the Sangh Parivar"

It conveniently did not mention that Breivik quoted Gandhi, Locke, John Adams and mentioned Pope 110 times. Eventually after all the insinuations to cover its back, it also mentioned:
 "Breivik’s manifesto does not discredit India’s mainstream right any more than it does Vladimir Putin or the Daily Mail columnists he quotes" 

If anything the ELM response to this terror attack in Norway shows Media Skullduggery in India.

http://ibnlive.in.com/news/norwegian-killers-manifesto-supports-hindutva/170496-3.html
http://www.thehindu.com/opinion/lead/article2290619.ece#comments
http://www.indianexpress.com/news/hitting-home/823310/