Very mature and professional amidst mass hysteria.
Jyoti Singh Pandey, the Delhi gang rape victim
“Take, for example, the recent case, where the rape happened in a bus, the group of men was in a surrounding that was familiar to them, and hence had a sense of security. Rapists also attempt to take total control of the victim, physical and psychological, through physical violations or threats or both.
When I did the study initially, it was very difficult to get them to talk about the act. They would not acknowledge that they had committed the crime. There was a widespread belief among the offenders that they were going to get away; they thought they would be able to circumvent the system. It was usually their third or fourth crime, and their confidence level that they would be able to get away was very high. Any behavioral psychologist would tell you that this does not come with the first crime.
There was also almost no sense of guilt or remorse. The general feeling even among the convicted was that they would still manage to get away. Many of them told me that they had appealed to the higher courts, or said they had been framed, or said they had not been careful enough.
On the Influences for Rape.
I would say the instances of gang rape have increased in the past five to six years. When a group of men come together, say, for a celebration, their threshold would go down. A lot of these crimes were also committed under the influence of alcohol, which further reduces their discretionary powers. The sense of collective responsibility takes hold, which makes it possible for the individual to do things which he may not ever do alone.
When they are in a group, they feel a sense of security. For example, if they get caught on the way, let’s say by a policeman, they think they can always pay a bribe and get away. This is possible when the system is corrupt and there is no fear of the rule of law in the criminal mind.
The decision-making mechanism is also different in a group. There is always someone taking the leadership role and others following. There is usually someone in the group who resists the course of action suggested by the leader, but whose voice is suppressed. Again in the recent case, the reports suggest that the driver of the bus was the one who made the decision and the rest followed.
Unfortunately, there is very little awareness among the police force in India about the functioning and control of such elements. For example, in a city like Hong Kong, if a group of men are seen driving around in an inebriated state, or are seen on the road behaving in an inappropriate manner, a police vehicle would immediately start trailing them, and they would be made to take an alcohol test and be booked if they had already committed any minor offenses, which could be a step towards preventing a bigger crime. The police are on an active lookout to prevent such situations before they occur.
Q.
One of the reasons cited in the rise in the occurrence of these crimes is the empowerment of women, which leads to a backlash from the men. Would you agree?
A.
I don’t agree with people who say revenge against women, who are seen as more empowered, now can be seen as a valid reason. It is based on a very patriarchal reasoning which absolves men of any responsibility.
It is also a subtle way of influencing the criminal justice system, by portraying the women to be somewhat responsible for the crime.
Q.
News reports also suggest that most rape victims know their attackers.
A.
This understanding of the relationship between the victim and the perpetrator is misleading. How would you say that the woman knows the man? For example, if a man lives in the neighborhood and the women is aware that he lives there, or if they have interacted on some occasions, would you say that they know each other? This is another way of making the crime seem to be of a social-familial nature, or to confine it to the limits of the community and not see a role for the criminal justice system in its redressal.Do you support calls for the death penalty for rapists?
A.
I am a bit worried about the protests and the direction they are taking right now. Though I support them, I feel that asking for more severe punishment would not help if we are not ensuring the certainty of punishment. By doing this, on the contrary, we would be loading a criminal justice system which is already falling apart.
I have testified in nearly 150 such cases in Delhi. I find that there is great impunity and very little fear of rule of law. Most of these types of crimes are preventable.
I think that maintaining a database is a good idea, but the whole “name and shame” campaign may not work. It is an antiquated medieval belief, which leads to loss of objectivity. In fact, shaming may not work as a deterrent. It may do exactly the opposite.
I distinctly remember when the police superintendents attended the group meetings I conducted with the sex offenders in the jail. They would adopt a very moralizing approach to them, and pass statements which are often heard in India, like: Sharam nahi aati? Ghar pe maa behen nahi hai kya? (Aren’t you ashamed of yourself? Do you not have mothers and sisters at your home?) And I remember looking at the offenders themselves, and there would be a gleam in their eyes.
Which is why this demand for shaming scares me. It has not worked in any part of the world. What we really need is an overhauling of the criminal justice system.
Hinduism prescribes strictest punishment for Rape.
Manu Smriti , apart from laying guidelines for the treatment for Rape.
Manu Smriti, Hindu Law.
8.323. Those who abduct women should be given death sentence.
9.232. Those who kill women, children or scholarly virtuous people should be given strictest punishment.
8.352. Those who rape or molest women or incite them into adultery should be given harshest punishment that creates fear among others to even think of such a crime.
8. 275. One should be punished if he puts false allegations or demeans mother, wife or daughter.
8.389. Those who abandon their mother, father, wife or children without any reasonable reason should face severe punishments.
357. Offering presents (to a woman), romping (with her), touching her ornaments and dress, sitting with her on a bed, all (these acts) are considered adulterous acts (samgrahana).
363. Yet he who secretly converses with such women, or with female slaves kept by one (master), and with female ascetics, shall be compelled to pay a small fine.
367. But if any man through insolence forcibly contaminates a maiden, two of his fingers shall be instantly cut off, and he shall pay a fine of six hundred (panas).
370. But a woman who pollutes a damsel shall instantly have (her head) shaved or two fingers cut off, and be made to ride (through the town) on a donkey.
385. A Brahmana who approaches unguarded females (of the) Kshatriya or Vaisya (castes), or a Sudra female, shall be fined five hundred (panas); but (for intercourse with) a female (of the) lowest (castes), one thousand.
Amidst high drama, MIM MLAAkbaruddin Owaisi, who is facing multiple cases for his alleged ” hate speech“, was on Tuesday arrested after medical tests in a government hospital here a day after his arrival from London.(times of india)
Arrested at last?
Update on 8 January 2013.
Akbaruddin Owaisi has returned from his Holiday jaunt and he has been taken to Government Hospital Hyderabad before his impending arrest for his ‘Hate Speech’
Police explain this step as he is a “representative of the people”
Has this courtesy been extended to others?
More the notoriety, more the Respect?
The despicable inaction by the central Government in delaying the holding of a Special Session of the Parliament in handling of the amendments to rape Act and its defiant refusal to take action against Akbaruddin Owaisi, who has been spewing venom against Hindus by inciting the Muslims ,exhorting them to kill Hindus, has one Common reason, a despicable one.
Akbaruddin Owaisi
While the Delhi gang rape victim belongs to the Hindu(majority) community,Owaisi is from the Minority Muslim Community.
Norbhaya the Delhi Gang Rape Victim
I am sure that the Government would have swung into action if the gang rape victim had been a Muslim and Owaisi had been a Hindu inciting Hindus.
The pseudo secularism is taking the country and the Society towards destruction.
What more the Governments expects?
More gang rapes and Hindus and Muslims killing each other?
In the case of Owaisi , what is the meaning of the Constitution of India, if he is allowed to go scot-free?
‘The Constitution of India does not provide for a state religion. Article 25(1) states, “Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion”. Article 19 gives all citizens the right to freedom of speech and expression but subject to “reasonable restrictions” for preserving inter alia “public order, decency or morality”. Article 28 prohibits any religious instruction in any educational institution wholly maintained out of state funds. Article 51A(h) imposes on every citizen the duty to develop the scientific temper, humanism and the spirit of inquiry and reform.[1]
Laws restricting the freedom of expression
India prohibits hate speech by several sections of the Indian Penal Code, the Code of Criminal Procedure, and by other laws which put limitations on the freedom of expression. Section 95 of the Code of Criminal Procedure gives the government the right to declare certain publications “forfeited” if the “publication … appears to the State Government to contain any matter the publication of which is punishable under Section 124A or Section 153A or Section 153B or Section 292 or Section 293 or Section 295A of the Indian Penal Code”.[2]
Section 153A of the penal code says, inter alia:
Whoever (a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or (b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquility, . . . shall be punished with imprisonment which may extend to three years, or with fine, or with both.[3]
Enacted in 1927, section 295A says:
Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of [citizens of India], [by words, either spoken or written, or by signs or by visible representations or otherwise], insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to [three years], or with fine, or with both.[4][
“Hyderabad, Jan 1: The man who filed a case against Majlis-e-Ittehadul Muslimeen (MIM) legislator Akbaruddin Owaisi in connection with the latter’s Dec 24 hate speech today urged people to approach the courts with more such petitions. Since K Karunasagar received three death threats on the night of Dec 28, he has already appealed for security. The Andhra Pradesh Human Rights Commission has directed the Hyderabad Police Commissioner to enquire into the matter and submit a report by Jan 17. Karunasagar isn’t the only one to be offended by Owaisi’s utterances. Yesterday, the BJP asked the Congress-led government in the state to book the MIM leader as he has made several provocative speeches of late. State BJP president Kishan Reddy pointed out that the government could ask the Election Commission to de-recognise MIM and also get the membership of Owaisi, MLA representing the Chandrayan Gutta constituency, annulled by the Assembly Speaker. Meanwhile, group of eminent citizens demanded that Owaisi be prosecuted for inciting violence. Stressing that his statements can “divide society, vitiate peace and lead to conflicts and riots”, film maker Mahesh Bhatt, social activist Swami Agnivesh, Hamid Mohammad Khan, Irfan Engineer, Mazher Hussain, Ram Punyani, M Mandal, Dr Asghar Ali Engineer and Sandeep Panday called for “exemplary action in the matter to ensure that such intolerable acts are never repeated again, anywhere by anyone and secure peace and harmony in the country.” Owaisi had been particularly belligerent while addressing MIM supporters at Nirmal town in Adilabad district of Andhra Pradesh on Dec 24, 2012. He said: “If the police are removed for just 15 minutes, 25 crore Muslims in the country will show they are mightier than 100 crore Hindus. http://news.oneindia.in/2013/01/01/petitioner-seeks-more-plaints-against-akbaruddin-owaisi-1123638.html
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