Saturday, November 30, 2019

Blood lust of a democracy

A rape has happened. Of a vet doctor in Hyderabad and  people are agitated. Facebook is flooded for a few days and people are asking for stringent laws. In my view they are bloody fools. In India we have the most stringent laws. A man accused of rape has to spend 100 days in jail if he is  just accused. If a man is in postion of power over woman the man is deemed to have committed rape even if there is no proof he is to be jailed. A husband can also be sent to Jail for rape.  Hell if a woman logs an fir you cant get a copy online but only though the court which means you spend 3000 bucks for something. Plus lawyer fee for something that is the right of accused States like Haryana have even taken away free ration for families of accused. Laws don't need to be stringent. What needs change is police reforms these reforms were ordered by Supreme court of india on 22-9-2006 (22nd Sept 2006) in Prakash Singh vs Union of India case. However no state has implemented this across of india. Nirbhay need not have happened if these police reforms were implemented. Today a person who has to direct traffic also double up as Investigation Office. Does he have forensics training? are their police dogs to help him? does he have access to forensic team or is he aware of finer nuances of interrogation. If he supposed to manage traffic and be on patrolling duty as well as attend court when will he investigate cases ever thought of this my angry friends. If he on road to stop an angry crowd who trying to block traffic will he be able to do investigations. Supreme court said law and order and criminal investigation are different things. Officer involved in law and order should not look at criminal investigation it's not been implemented. There should be a police complaint authority in every district for complaint against police so of your FIR is not registered u can approach them or if you are not  happy with investigation but no state except delhi where police is under central govt has implemented it. Anticipatory bail was not there in state of Uttar Pradesh which means if you are accused of a stringent crime you went to jail or you had to approach high court yet rapes happen here why? Because of lack of police reforms not stringent laws. Has any one seen that how many false rape cases are being filled ? Do you know why because the law is stringent and gives no relief to accused but still the conviction rate is low, why? Because there is no proper investigation. So don't ask for justice ask for police reforms ask for better faculties for  police, ask for better faculties in court ask for judicial reforms. Ask that lawyer who cheats their clients there should be action against them. Ask if a government lawyer takes money and loses case he should be barred by bar. If you want to complain against your lawyer do you know the process? why are 35 affidavits required for that and why has the complainant had to bear the cost of sending notice as well as give a fee. Trying to get  35 affidavit made let's see which lawyers will give you help in that. Yet you are agitated about police and the courts not doing anything. What will they do if the system does not give them freedom. Chhaya Sharma the  dcp  in charge of Nirbhaya case pulled in favours and got forensic evidence that helped nail the murders. How many cases are supervised by dcp. Do yourself and this nation a favour ask for police reforms and if you can't then ask for return of the old British system where the dm and division commissioner could not only direct police to register case but also can order change of io. They should also write the acr of police officers and that should be considered in posting and promotion of police offices. Also stop glorifying officer like KPS Gill or  politician who say thook dalo get or encourage encounters done and start remembering people like R.C. Dikshit who had removed terrorism with out a single false encounter. In an area as large a Punjab. Stop shortcuts and support systematic reforms for your nation and you.
What people ask for and demand an encounter it can be of an innocents but if they see justice happening they are find it matters not of the innocent get punished. The blood lust of people should be satisfied and poltician play this well. Even the educated in India are not aware of National Crime Record Bureau http://ncrb.gov.in/ they think an encounter will ensure that crime will not happen in a state or distict. The want fast results and these are the people who claim it takes 9 months for a baby to be born it takes years of study to become a doctor these people think medicine is learned 30 second modules. These people are Facebook hero's who will do nothing for the system to change. Sad place we are in today. If social media is to decide how the criminal justice system is to work. Police reforms with subsequent judicial reforms is the way forward