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
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