I don’t know what the question implies when it asks about the law and order and lack of restraint issue . I think there is more to this issue than just growing lawlessness .India is country where its own capital is not safe for his citizen.A five-year-old girl was abducted from outside her house and raped repeatedly by her neighbour. A 200 ml bottle and pieces of candle were inserted into the private parts of the five-year-old rape victim. In yet another shocking case of police brutality the mother of a six-year-old alleged rape and murder victim was thrashed and dragged by a cop in Aligarh. The police also baton charged outraged locals, who came out on streets and pelted stones at police and blocked traffic for hours after the body was found from a garbage dump.
The true deterrent to rape crimes (as in most other crimes) is not the quantum of resulting punishments, but the surety of punishment. Punishments can be both social and legal. In India, due to prevailing circumstances, the possibility of either kind of punishment is often fairly low, prompting some people to feel they can get away with this. This hypothesis is partly supported by the fact that rape is the fastest growth rate among crime types in India, while having the lowest conviction rates.
In fact in real terms , most of the times the husband’s forceful intercourse or intercourse when partner is not ready has never been accounted in the reported cases . Which also qualifies in the legal term as rape. Also the growing stress level , lack of sexual knowledge , social taboo on speaking on the subject in the family . Growing objectification of Women via media and advertisements . Sexuality fashion and accessories which may be fashionable , there is no denying but they are meant to be that way . As much as the guys would enjoy watching the AXE advertisements and cheerleaders in IPL advertisements . They would enjoy similarly masturbating in the washroom imagining raping/having intercourse the same models.
Adolescents left on their own to discover sex and sexual feeling often find information in porn which is either first hand or second hand via friends or so on and tend to believe that the BANG BANG in the videos or the porn sites are the way that the other world tends to open .
There are some cases where the intercourse happen with the consent of the victim on the lure of some benefit or situation such as — getting married to the guy or consensual sex . Having a mutual accepted condition to have intercourse is also accounted as rape .
Also there is an interesting fact , in fact the paid sex or prostitution is also counted as rape and there are some angles to it . You will find that the health ministry has opposed the decriminalization of the clients– not directly implying but attesting the need for sexual intercourse to exist.
May be we need to look around and ask more questions to ourselves . It has to go deeper than merely discipline people . Some of these perpetrators/future perpetrators may seem normal and we might mix with them daily . But what is it that causes their fall ?
It’s toatally unappropiate to consider him juvenile, let’s assume he has a proper birth certificate which says he was 17 years and 364 days old when the committed heinous crime where the crime is so gruesome that none of the newspapers reported what exactly happened to the victim. Had he done the same thing one day later, he would have been given life imprisonment if not capital punishment. How is that okay if a two Days time change the fate of a “juvenile” offender? Does that mean a guy can do anything at his 17 th year and escape with minimum imprisonment? If the crime is heinous or as the judicial system may put “the rarest of rare cases” there should be a
Provision in the law where the judge can take a call to decide whether he should be put to trial in juvenile court or otherwise.
Changing the juvenile age must not be looked at from the prism of crime alone, but from several other perspectives as well. However, each and every one of these concerns can be addressed without lowering the age bar for juveniles.
a. These issues can be handled by considering issues on a case-by-case basis and allowing a degree of flexibility in the way a juvenile can be tried, depending upon the severity of the crime. This would hold apply to repeat offenders as well, with each new crime being punished with an increasing degree of severity.
b. FIRs must be registered on par with the offences for crimes committed by adults. Once the juvenile crosses into adulthood, those records should not be purged but placed in classified storage with restricted access, so that the offender has a chance to redeem himself in society. The files can be fetched in case of repeat offences/offences in adulthood.
c. Juvenile reform homes should be under stricter supervision and should be checked on weekly by cops from the nearest police station, accompanied by a counselor. Fortnightly/monthly visits by human rights commission officers and higher police officials should be the mandate.
Tthe intention behind the crime, the degree of the perpetrated atrocity and the severity of the crime should be the parameters to judge a case when a juvenile is involved.Children between the ages of 14-18 years are used in organised crimes in India. They are pushed into drug trafficking, racketeering and even flesh trade. In the Delhi gang-rape case he was used to lure the victim into the bus. His involvement in the heinous crime is an alarming indicator.
Lowering the age bar would not help in any way, since we would be trying to solve a relatively minor problem by creating a number of larger problems that would affect the whole country in a blanket fashion. Misuse of the new laws might even overshadow misuse of the present juvenile law.
w hat going on India????Every morning I found my self floundering for a cherishing and happening news but all i found
- 7-year-old girl raped in school toilet in Goa
- Teenaged student raped at knife point in Delhi
- Woman from Karnataka sold for Rs.1 lakh in Delhi, raped by buyer
this is really very upsetting firing in LoC, soldier beheaded, economy crises and most important this rape cases. Is India is really a country of rapist???
Well according to me, there are two kinds of people who commit such extra ordinary odious act : genetically predisposed and the influenced.After the Delhi gang rape case i expecting reduction in crime rate or at least deduction in rape cases.But the whole protest thing will fizzle out in few days just the way the anti-corruption movement fizzled out a couple of months back.
1. The outrage is mostly limited to middle class. Indian middle class has a very short collective memory. These people are emotional and get emotionally high quickly but then get back to normal even quickly. They have consistently voted for the same corrupt and anti-national political party since independence despite their horrible performance.
2. Lack of an ideology. The current protests are purely emotional . They are not based on some wider ideology. They are not clear what exactly they want.
But what is wrong with government and law makers???? Where they are ?? what they are doing??? what are the solutions of this rape crises????