What legal changes are necessary to curb the incidence of rape cases. Noted criminal lawyer Kamini Jaiswal shared her perspective on this matter with IBNLive readers.
Q. I think any law that is in place should act as a deterrent to committing crime. If that is not happening, then it could be because of couple of things. The machinery which is supposed to uphold law and order is not efficient or the law itself has become obsolete. In our case it is a bit of both. How do we restore the efficiency or are we too democratic a country to ignore social justice? That is the million dollar question. Right? Asked by: Karthik
A. Law is not the deterrent, it is the enforcement of the law that is the deterrent. it would have to be the certainty of bringing the offender to book that can be a deterrent to the offender.
Q. Offender body should be partially buried till neck in a center place of the city, Ive pictures to be telecasted in national media. Hence, this might reduce crime. Asked by: sudheendra_sr
A. We are a country that believes in the rule of law. Let us not get carried away and forget that we are a civilized society.
Q. Don't you think that the existing laws it self if implemented and enforced by the agencies properly will be sufficient enough to curb the rape incidences? Asked by: sundar1950in
A. Yes, quick and efficient justice delivery as also social ostracisation of such offenders.
Q. Reporting of such incidences to law enforcing agencies is not done in most cases out of fear of loss of family reputation, especially if there are siblings to the victim. Is there a possible Confidential? In camera processes possible to get rapists to serve punishments of hard nature? Asked by: sundar1950in
A. It is necessary to change the mindset of society, you cant expect any change in law to be of any help till social mindset changes. When people start treating victims as accused it creates an apprehension in minds of family and victim and they fear reporting such incidents.
Q. I think the victim should decide the punishment.. don't u think so! Asked by: aditya mehra
A. No that is not proper it would expose the victim to chances of being pressurized and it is the duty of the state to enforce the law.
Q. Don't you think what is required is an implementation of police reforms as laid down by the supreme court in Prakash singh versus Union of India rather than focus being on this one incident? Asked by: Ashim shridhar
A. Yes, it is absolutely necessary to have independent educated and sensitized investigating agency.
Q. Why not the laws for policemen becomes more strict, when they are not found doing what they are meant to do...for instance, if not filing a rape case, etc.Laws to make them understand how to react in such cases. Asked by: Anu Mishra
A. Not just understand they have to be punished severely.
Q. Is the lack of respect for women in Indian society responsible for such acts?..or is it just a act of a criminal, dirty frustrated mind?..Is there something to be learnt from within? Asked by: JK
A. It is the former, it is the way the men/boys are brought by families where it is lack of sensitivity and and respect towards any female members of family from the very inception. it is every mothers duty to teach her son how to respect the girls /ladies around.
Q. It is not a question of getting carried away. If our society is to remain a civilized one, then severe to very severe punishments are required. Punishments should always be more intense compared to the crime committed. Asked by: Pinaki Sur
A. Of course, it not just severe punishment but certain, quick, and severe punishment plus the thought of being ostracized from society that could create a fear.
Q. Do you think that the demonstrators are being little too impatient and want to dispense with the due processes? Asked by: Prasanna
A. Due process should never be dispensed with but it cannot be so slow as to be made a farce. The frustration of the agitators is understandable it is just total callousness and irresponsible attitude of the government.
Q. Accused get away with the crime so easily. Who is responsible for this - for the years of pending cases in courts?? I believe the fear should remain in their hearts till they are punished..and give a lesson to others involving into such crime! whats the solution? Asked by: Anu Mishra
A. Our system which is inefficient and slow and our police force who are forced spend most of their energies in the so called security of our insecure VIPs.
Q. Many a times it is seen that FIR is not registered by the policemen either to protect the culprits or to avoid spoiling their numbers. What remedy is available with the victim against such instances. Asked by: Vaibhav Thakur
A. They can approach the Magistrate under the provisions of Criminal Procedure Code.
Q. A majority of our population has been born in a free country..what they have seen in their growing up years is a total lack of respect of the law and i would not be surprised that a lot of the protestors out there would belong to that category of breaking the law whenever convenient..I think the fear of law has to be instilled in our population..without that we will never have respect for others.. Asked by: JK
A. I agree it is a small fraction that catches the media attention therefore there has to be total overhaul of the system.
Q. Do You agree Media always support demonstrations which has Mob and not the real cause? We have seen media ignored Anna Hazare when he had no support in Mumbai. Asked by: Ameya
A. Media to answer as they should not only depend on TRP.
Q. It is true we are in civilized society. But, if proper action is not taken & our our law is weak then you can't curb the crime. The day has come to tighten the land law. Asked by: sudheendra_sr
A. It is not weak Law but non or delayed enforcement of the Laws that people are losing faith in the system.
Q. barring a death sentence, what is the worst punishment ever given in any country around the world for such a crime? Asked by: JK
A. Life imprisonment which means complete Life spent in Jail and chemical castration of the accused.
Q. Mam, right from word go in such cases, it should be dealt with women only. Investigation / Questioning / Interrogation and then the case can be presented before court. Most importantly handover punishment, debar him for life from getting any government benefits, no id, no bank loan, no passport, sack the accused father also if he is government servant or demote him......there are many things one can do .......but pl do. Asked by: S ESHWAR
A. No I don't agree there let men be made sensitive to the situation too women must be part of the team.I don't think a father can be punished for his sons sin would not be fair. an adult male is responsible for his own acts let us begin by ostracizing those of our politicians who are accused of rape and continue to be MPs and MLA as set out in the Press Note of ADR issued three days ago.
Q. Would it be wise to cover all instances of sexual assaults under the category of 'rarest of rare' crimes? Asked by: Anmol.V
A. No.
Q. Truely respect your spirit, Thank you! Very rightly said...Our leaders are more insecure then the ones who chose them for being their representatives. Asked by: Anu Mishra
A. Let us decide we will not and educate those around us to not vote for people with criminal antecedents.
Comments
0 comment