Sep 1, 2013

Convicted of Rape and Murder | Just three years | The Great Indian Judiciary

It took me quite some time to come up with a blog post on this one, because I believe my feelings are similar to millions of others and reiterating the same things which you would find in millions of articles since the judgement was something that didn't fancy me. However, I ended up ranting so much in Twitter that I decided I should spare the people who follow me and just pen down what's in my mind.

It is really a matter of shame. Let's first review some facts. You know for sure that this guy was involved in the rape and murder of a 23 year old last December. Hell, he has been 'convicted' of it (even after having the guts to plead not guilty and say he was elsewhere during the crime). Media reports suggest that he was the most brutal of the group, some even putting forward the idea that he ruptured her intestines with his bare hands. That much we know. However, his involvement has been proved in court beyond doubt although the details haven't been revealed.

Had he been in the Arab countries, he would have been hanged publicly even before the news hit the media. Why else do you think you don't hear about rapes in the middle east?

Even countries such as Pakistan, juvenile offenders continue to be sentenced to death in rare cases.

You think that's harsh? Had he been born in the United States, he would have been serving a life imprisonment without parole (This source suggests that there are 2500 people serving life without parole for crimes they committed when they were children). In fact, a 10 year old was sentenced for three to five and a half years in a correctional facility for just plotting a crime. Even in Canada, he would have been tried as an adult.

Come back to India, and the great judiciary that we have, even after convicting him of all charges, gives him a maximum three year sentence, minus the eight months he has already spent since his capture. Is this some kind of joke? Is that how much you value someone's life? The numerous scams (2G, Coalgate) make more sense now- at least people didn't lose their lives in the process.

There were several petitions to consider this juvenile as an adult, but the lawmakers sitting in their comfy chairs inside the Supreme Court refused to budge citing the following as reasons not to change the juvenile age.
If what has come out from the reports of the Crime Records Bureau is true, then the number of crimes committed by juveniles comes to about 2% of the country’s crime rate. The age of eighteen has been fixed on account of the understanding of experts in child psychology and behavioural patterns that till such an age the children in conflict with law could still be redeemed and restored to mainstream society, instead of becoming hardened criminals in future.
Had it been their own family member who had been raped and murdered, I would really have liked to see their response in the matter.

How does it not make sense that if someone is mature enough to commit a rape and a murder (add to it the brutality), how can he be considered a child?

Basically, this judgement means that if you are a juvenile in this country, you can do anything you want and still get away with it. Old enough to rape should mean old enough to be held accountable for the actions. This was a chance for the judiciary to prove that it still exists, but it has really failed in the process. How will you make this place safer if you hand out such meager punishments to convicted rapists and murderers! Maybe we need a change in the constitution.

This matter should have been taken as a special case and the juvenile must have been tried along with the others. Do you really think he can reform?

Anupam Kher's tweet says it all.
Just '3 years in reformatory home' 4 an Unimaginable crime. Wah re mere Desh ka Insaaf aur Kanoon. I m Ashamed of our System. #delhigangrape
Even I am ashamed, Mr Kher.

His conviction means the other accused are most certainly going to be convicted of the same charges, and therefore, get life imprisonment or death penalty. But will you call it justice when the others get the harsh punishment and the most brutal of them walks free just over two years?

As a woman, do you feel safe in this country? You shouldn't. Especially if you stay in the rape capital of the world.

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