Thursday, May 2, 2013

The trial of rape must be decided by Jury of 25 randomly chosen citizens, between 30 years and 55 yearsappointed by High Court Chief judge


It’s also strange that gang-rape of this girl is being projected as awakening of this nation but it’s really baffling to understand what exactly are we trying to say when we say so? Are we trying to say that had this girl been not gang-raped we would have never awakened? That’s why I feel this huge protest is orchestrated or it’s totally redundant. That I say so since Delhi has already attained the infamous title of being “rape capital of the country’” long back ago. There were 568 cases of rape, registered in 2007-2011 period. So was Delhi and whole nation sleeping? The Times of India news report from where I picked this data, quoting a police official, stated: ”Former IPS officer Y P Singh said the police informally classify rape into two categories: technical and violent. ‘In case of technical rapes, there is an element of consent involved and there is no violence. Some examples are a lady caught red-handed in an act and then alleging rape; a man inducing a lady with a false promise of marriage and having intercourse. There have also been cases where departmental seniors have called for wives of suspended juniors to stop the husband being dismissed from service,”   7.1 Jury trial – For quick, fair judgements : The trial of rape must be decided by Jury of 25 randomly chosen citizens, between 30 years and 55 years, of the district in which crime was committed. The Jury will be formed by an officer titled as District Jury Administrator who will be appointed by High Court Chief judge and can be recalled\replaced by citizen-voters of that district. (Procedure-draft in chapter 21,http://rahulmehta.com/301.htm ). 7.2 Narco Test in Public : To prove or disprove whether rape was committed, narco tests on rape accused should be conducted in public after Jury has seen reasonable incriminating evidences.  1. All rape cases will be tried by Jury and Jury only. The Jury will consists of 25 citizens between 30 years and 55 years of age chosen at random from the district, and at least 13 will be women.  2. If the accused himself wants or if 13 out of 25 Jurors deem necessary to have truth serum test on the accused, then the investigating officer will conduct truth serum test on the accused.   3. If complainer wants, then and then only, then the investigating officers will conduct truth serum test on the complainer. The complainer will not be asked to take truth serum test against her will unless 13 out of 25 jurors demand narco test. 7.3. (Procedure-draft in chapter 22 ,http://rahulmehta.com/301.htm 7.4 Right to Recall Lower Court, High Court and Supreme Court judges in-charge of crimes against women : Every district must have 3 judges in-charge of crimes against women, and women of district should have right to recall them. Same at High Court and Supreme Court levels. (Procedure-draft in chapter 7,http://rahulmehta.com/301.htm  Bharat needs Panch Parmeshwar/ Jury System, as adapted from our Vedas, by USA, Canada, Singapore, Japan, UK & European countries. It shall take more than one year to finish the trial in Indian British Colonial Court Systems, in the latest notorious Delhi Bus Gang Rape case, even if it is taken up on daily basis, as calculated & declared on certain Hindi TV channels on 2 Jan 13, by eminent S C Advocate Sardar Tulsi Ji. I am sure that the same justice can be delivered within 1 week, by our new Jury System in courts. We do not want another court case like Kasab or Arushi Murder cases, settling in ages. Instruments of oppression – institutional corruption
1.Legal System –By the promulgation of the Anglo-Saxon jurisprudence developed after the Magna-Carta in 1211 AD within the British parliament, one has to understand the growth of legal system started much before the period of British system of governance which is based upon no written law. One has to introspect the legal system at the time of Changez Khan who said that legal system is regulated by strength of the ruler. There was the dictum of the sovereignty vested with the ruler and the legal system was dependent upon the will of the ruler. After the arrival of the logic and perception thereof by the philosophers starting from the time of Plato and Aristotle, which was based upon the vedic traditions of universal applications of transquality amongst the fellow citizens based upon vasudeva kutumbkam, the imparting of justice to the individual seeking protection under the judicial system was predominant. Roman catholics started their existence on the basis of power intoxication and all such norms which were based upon ethical foundation, had undergone a vital change in the philosophy of the legal system by generating the feeling of the supremacy vested with the power of the religion, one has to accept the dictum of the empire. Soon after the birth of Jesus Christ the theory of fagunun based upon the pardon of the criminal after execution of the crime as it was considered that the victim is not supposed to recovered from the heinous crime then why the State having the governance may adopt the role of doing another crime by the theory of punishment. These principles were gradually eclipsed according to the desire of the individual having an authority to control the judicial system which was initially vested with the ruler of the nation. The community of the witness Joseph denounced the concept of nationhood by saying that the citizens of a particular state is a citizen of the world and as such the control of the sovereignty inflicted by the ruler of the nation of the nation will not be accepted for imparting the justice to the litigant. The Doctrine of Litigant rights are supreme and the redressal of the grievances of the affected party is the paramount consideration. Upto this period the ruler of the nation was deciding the cases and only some lucky people subjected to the exploitation were having the access to the justice as the doors of justice were not usually open to the downtrodden society whose fate and welfare was dependent upon the choice of the individual having predomination in the society. Thus, under the Islamic perception of the Legal system, since Maulavi and other religious leaders became an authority to impart the justice to the victim, the judgment of one Maulavi for the same offence was distinguishable on the basis of the ethical approach and soon the people have started realizing that there is the imposition of the will of the judge adjudicating the cause is of

No comments:

Post a Comment