Latasinha's Weblog

Social and political Values and Systems in India.




Justice A.K.Srivastava

Former Judge of Allahabad

and Delhi High Courts



‘Beti Bachao Beti Parhao’, the slogan recently given by our Hon’ble Prime Minister, is very laudable in view of the continuous killings of female child in womb or soon after her  birth. Such practice is mostly in the lower class or lower middle class.

In a study workshop on female infanticide where men and women from all walks of life were participating, some women participants were very vocal on the issue of giving birth to female child considering the present law and order situation. They posed a question ‘should women give birth to female child to be molested, sexually abused and brutally murdered when the law and order machinery (including the courts) is insensitive to their vows?’

As a retired High Court Judge participant, I was totally taken aback. On return to home, I pondered and made introspection over their remarks on the courts. The women participants, in my view, were not wholly wrong. The lower class and the lower middle class feel fully in-secured. The administration and the police managing law and order adopt callous attitude towards them. Even courts cannot escape the blame. Court cases of child abuse and child rapes are not given priority and ultimately the courts become lenient towards the culprits on one or the other grounds being absolutely oblivious of the plight and trauma the victims suffered and the shocks received by their parents.

I recall some of the judgments of the Apex courts. A two and a half years old female child was sexually molested and in the process her ribs were broken which became the ultimate cause of her death. Her private parts were fully torn and bleeding as per post mortem report. The culprit was not a young boy but a neighbour aged 35, married and having two daughters. His conviction was upheld throughout. The Sessions Court and the High Court sentenced him to death penalty but the Supreme Court commuted death sentence to life imprisonment considering the case not to be rarest of the rare case. The innuendo was that rape and murder of girls aged two and a half years was common in our country or the act of the accused was not dastardly or the accused was not found to be menace to the society and unfit to live in the society.

In another case a girl aged 12 was not succumbing to the advances of a boy living in the same village. One day, in the evening when she along with her father was returning home from fields, that boy along with his two friends accosted her and repeated his demand to her. When she and her father raced towards their home they were physically caught, father was tied to a tree and the girl was raped in the presence of her father. On the statements of the victim, the girl, and her father, the Sessions Court convicted the boy and gave life sentence to him. In appeal, the High Court upheld the conviction but the sentence was reduced to already undergone. The total period the convict remained in jail was

less than one and a half months as he remained on bail throughout during the trial. Now see the reason for that lenience. The Hon’ble Judge came with a sexual philosophy of his own that when sex dominates the mind of a male he becomes oblivious of his acts. So the Hon’ble Judge gave license to all boys having eyes on girls to commit rape on them and take the aforesaid plea for very little punishment.

In Nithari’s dastardly case of child abuse and murders, the accused Koli was given death sentence by the trial court, then by the High Court and lastly by the Supreme Court. Koli had sexually abused and raped around 40 children, then murdered them and kept their skeletons in the house owned by his master Pandher in NOIDA. His clemency petition was rejected and he was going to be executed. But suddenly the High Court of Allahabad in a PIL stayed his execution and then ultimately commuted death sentence to life sentence on the ground that the government had delayed in deciding his clemency petition. What a compassion of those who moved the PIL and of the courts, for the human rights of the child abuser and murderer having no concern for the human rights and feelings of the parents of the victims! Such judgment is giving rise to a new class of corruption. After being sentenced to death, make a clemency petition, bribe at every stage to delay decision on the clemency petition and then get a legal right to get commuted death into life sentence despite the case being termed as rarest of the rare even by the highest court. In the present political and

administrative scenario delaying decision on mercy petition is very easy.

Coming to the society in general, I see that men are becoming very insensitive towards sexual abuse, exploitation and murders of young female children. Every day in the newspapers we read and in the TV channels we see how callous are the men when it comes to investigation and trial of the offences of rapes or rapes coupled with murder. The first reaction of the police remains that it was consented sex. Reports are not registered. If registered but if the culprits are bigwigs, no arrests are made. If arrested, the battery of lawyers, with all their legal acumen and other efforts get bails for them and the trial goes on for eternity. The accused, on coming out on bail, threaten the girl to rape her again. The girl and her parents, being helpless because of the might of the accused, run away to other abode. The accused gets more emboldened and becomes a great threat to other girls in the vicinity. He boasts openly that nothing will happen to him.

In the press I had read that a boy had thrown acid on a girl because she was not responding to his advances. The matter went to Court and he was convicted and sentenced to imprisonment. On release he started threatening to put acid on her younger sister as well. The younger sister, though not of marriageable age, was hurriedly married and sent to far off place. Getting angry, he threatened the landlord of the

girl’s parents to throw them out otherwise he would throw acid on his daughter. Frightful, the landlord threw the tenant. That was an incident where all the might of police and administration failed and the convict became the master of the scene. How come? It only was the consequence of the unconcerned attitude of the male world. The males become active only when the matter relates to their daughters. I ask one question to the Hon’ble judge, who expounded his own sexual philosophy to give very little rather no punishment to the rapist, whether he would have stuck to his sexual philosophy if his daughter had been raped in the same fashion.

It is of common knowledge that the rapists move in the society as heroes. Nobody points them as rapists. On the other hand, the raped girl or the raped woman has to hide her face as if she was guilty. If she moves in public she is pointed out ‘here goes the raped’. Sometimes even lewd remarks are passed.  Such a male psychology is very disturbing.  All obnoxious questions are put to her in the courts if the trial Judge does not check.

It is also found that the rapist gets help from and is accommodated by all and sundry. For example, recently a teacher in Central School at Gomtinagar, Lucknow was accused of raping his student successively and when she became pregnant he, in connivance with his wife and a lady doctor, got the abortion done. It was strange that the girl

aged 16 was recorded as wife of the teacher aged 43 in the hospital records where the abortion was done. What sort of conscience the lady doctor had? The administration of the school also remained lukewarm when the matter was complained to it.

Every day the newspapers and the TV channels are full with news of rapes of minor girls. Even minors are found raping their class mates and neighbours. Why? The reasons may be found in the TV channels, porn literature, cinemas and internet, where sex is being rampantly served. Erotic feelings are bound to arise. Therefore, for the safety of minor girls from being abused, molested and raped the general atmosphere should be cleaned. Exposure of sex in TV channels, advertisements, cinemas and internet should be banned. It was so disgusting to watch a TV advertisement for a male perfume where a lady having puja thali in her hands got so sexy on inhaling an exotic male perfume that she left the thali and went with the man who had sprayed the exotic perfume on himself.

Markets are full with sex erotic medicines. The world, all over, is doing research to find erotic substances for men’s potency and then to sell erotic medicines at a very high price. Sale of such erotic medicines in our country should be banned unless a prescription for sexual health from a registered qualified sexologist is produced.

In the last, I wish that judges are sensitized to take into consideration the human rights of the victims of sexual crime as well while sentencing the convict or granting bail to the accused of rape or throwing of acids on such girls who do not succumb to the amorous desire of the accused. Such sensitization may be made in the Judicial Academies of the States and the National Judicial Academy. I do not know whether these academies have, in their curricula, a topic on proportionality of sentencing to the crime committed. If not, they should add.


March 12, 2015 - Posted by | Uncategorized


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