Solutions to Making India a Safer Place

[Anantha]

http://www.nytimes.com/2013/01/12/world ... =2&_r=0&hp

An interesting comment from a guy called Sameer:

What happened was wrong and unpardonable. Now please step away from the sheer brutality of the crime and try to understand why did it happen?

There are 2 India's now. The First One of Indians (we can call them First Indians) whose India is shining and where people have hopes, desires and opportunities. The Second One of Indians (we can call them Second Indians) whose India is totally dark, corrupt and without any hope.

First Indians live life with all modern amenities - malls, movies, AC's, mobiles, cars, vacations etc. Second Indians provide services to First indians working as ayahs, drivers, cleaners, repairmen etc. They live in hopeless conditions in slums minutes away from First Indians. They work within the rules all day long and disappear into their slums at night - without any fuss.

Most people in Second India have no jobs and most do not want to live within normal social rules. They want justice and resolution to their Second India problems. Since this does not happen anyone from First india is blamed for their problem and are fair game to have FUN with after dark.

Sure these rapists can be tried and hanged. But, will it ensure that such things never happen? The true culprits here are the ones who have divided India into First and Second India and keep it that way.

I wish the Times with its immense power and global credibility mentioned this aspect of the incident.

[chaanakya]

http://www.nytimes.com/2013/01/12/world ... =2&_r=0&hp

An interesting comment from a guy called Sameer:

What happened was wrong and unpardonable. Now please step away from the sheer brutality of the crime and try to understand why did it happen?

There are 2 India's now. The First One of Indians (we can call them First Indians) whose India is shining and where people have hopes, desires and opportunities. The Second One of Indians (we can call them Second Indians) whose India is totally dark, corrupt and without any hope.

First Indians live life with all modern amenities - malls, movies, AC's, mobiles, cars, vacations etc. Second Indians provide services to First indians working as ayahs, drivers, cleaners, repairmen etc. They live in hopeless conditions in slums minutes away from First Indians. They work within the rules all day long and disappear into their slums at night - without any fuss.

Most people in Second India have no jobs and most do not want to live within normal social rules. They want justice and resolution to their Second India problems. Since this does not happen anyone from First india is blamed for their problem and are fair game to have FUN with after dark.

Sure these rapists can be tried and hanged. But, will it ensure that such things never happen? The true culprits here are the ones who have divided India into First and Second India and keep it that way.

I wish the Times with its immense power and global credibility mentioned this aspect of the incident.

Anantha , sure you know that the Guy is talking bullCr@p.

One cant justify crimes on that ground .


And that factor was not even relevant if at all.

The victim belonged to very poor class where father worked hard as loader in Airport to make two ends meet , lived in a slum like area in one room with all family members. He tried very hard to cash in on India Shining story, if one can look at it that way. Tried his daughter to take professional course by whatever legitimate means available to him. He was having hope for betterment through children education. Hope , that was the ingredient in the India Shining story.

The culprits belonged to same strata of society. Instead of working hard legally these fellows were into criminal enterprise , exploiting loopholes in the system, getting used by the system which has shown enough corrupt and rotten practices. They were into this with impunity thinking they would never be caught like on earlier occasions- a repeat offenders.

Such a socio-economic analysis was done in cases of Khalistan movement, Maoist movement etc. Caste or religion had no role in the act.When the simple question is that of Crime and criminality in a civilized society where all aspire to make their life better.

This is a story of two different paths taken by the families belonging to same level of society. Remember, Ram Singh and Mukesh are two accused and his elder brother is in Tihar. All three, blo@dy criminal and nothing else.

Unless we have rule of law established India Shining will be India Dying. Unfortunately . so many scams and culpability of political-goonda-bureaucratic ( civil and police) nexus has shaken the foundation of India Shining. That is why we see India dying on roads and on the border alike, in the same brutal manner.

[Anantha]

I agree Chanakya. India needs to provide education and other opportunities to the lower strata of soceity. As you said nothing stops the poor guy living in the city to learn a few good skills and with hard work, leading a better life.
The problem here is how the lower strata thinks and will act. If disparities continue at this rate, at some point we will have more armed robberies/rape/ stealing/supari murders/short cut money making by the have nots using any justification such as if PM and higher ups do scams why should I be honest.

It is impossible to deny that the Govt of the day has abdicated most of its responsibilities.

[ramana]

One solution that trumps all the above is to throw the rascals out of power. They are preventing the changes to the antiquated East India Company(EIC) laws while the world has moved on in UK and USA.
Throw the brown EIC out of power.

[chaanakya]

True, even the disparities have to be eliminated within the rule of law or Law of Dharma. When UPA has deserted the dharmic path or they themselves violate, actively encourage violation of rule of law then the only alternative remains is what ramana garu says. Throw the rascals out. If voters dont wake up they would be just slaughtered here or on the border.

If that fails then What Bji says, change the system.

[SriKumar]

If disparities continue at this rate, at some point we will have more armed robberies/rape/ stealing/supari murders/short cut money making by the have nots using any justification such as if PM and higher ups do scams why should I be honest

Just a quick comment......IndraD posted an inline image of Badri Singh's (the rape victim's father) circumstances (their living quarters in their village) on the other thread. Their circumstances look pretty bleak. One could also argue quite easily that this family, through the rape victim, was an example of someone achieving reduction of this disparity, that we all want to go away. This family was well on its way to upward mobility and would have gotten there had she lived another 5 years. It was written in some article that she was planning to get her brothers educated (one wanted to be an engineer) once she got a fullt-time job.

That is why we see India dying on roads and on the border alike, in the same brutal manner.

Sadly, a literal statement of today's reality.

[ramana]

And chaankya these criminals were operating the bus owned by First India scumbags. Dont forget the role of first India in enabling this crime.

[harbans]

The accused were living off India's economic boom only. There business was an integral part of the boom itself. Ferrying people from malls, offices, schools, working as gym trainees. They had booze, good meals, family visiting them from their villages. The victims family were still in the village and led a frugal life trying to support a wonderful daughter that had brains, was pretty and caring who in turn they had dreams would help all rise with pride that India's development would give them. Thus, this certainly is not about being on the fringe of development. This is about criminality, about lust, about being irresponsible and insensitive about what this development brings about. Everything is not a handout. It was a pity watching that Kiran Bedi supporting Ram Singh in that reality show when the owner was clearly so fed up. Imagine the cheek of this drunkard, who crashed his owners vehicle when drunk and Bedi supporting him, while the owner was unwilling to pay him anything for the damage. And Ram Singh kept demanding money..shame. Many of us have lived in a village. Many of us have been happy in basic conditions. We know this is not about living in basic conditions. It is about values.

[Theo_Fidel]

+1 Harbans,

Two aspired to very different India's. One wanted to work her way forward and educate her self to become a prosperous Indian. The accused had an entitlement, get rich quick mentality. It is telling that several of them did not even have the gumption to finish high school and work their butts off applying themselves.

[ramana]

Read and ruminate:

Want Change?Clean up the Police

[disha]

Read and ruminate:

Want Change?Clean up the Police

At the end of it, however, nothing can be a justification for bad behaviour and worse practices. Every institution, after all, is under-paid, under-staffed, under-equipped in India. Just take a look at our government hospitals and schools. Does that mean the doctors are entitled to put up a signboard that says ‘The public is advised not to fall sick’? Or can teachers request parents to send not more than one child to school? No. The police of this country, therefore, cannot and should not be allowed to let its people down any more.

[chaanakya]

And chaankya these criminals were operating the bus owned by First India scumbags. Dont forget the role of first India in enabling this crime.

Yes , I dont forget that. Transport sector is controlled by political class and managed by goonda elements for most part. That is why corporate sector is not much into it. Sadly though.

My reference to Criminal enterprise was a pointer to this nexus only.

But in this story of gangrape and murder I see the other side of India and I get Hope. The story of the girl and her family, trying to better their economic condition by good education and working hard and honestly, selling their land to finance education ( Chiddu mian , are you listening , where is your much touted education loan scheme) and thinking that they would make better life one day for others in family as well. Her courage in resisting the criminals has to be honoured. By being courageous. Not tolerating criminal behaviour and dishonesty in public and private life.That is the true India. Poor people availing the opportunities presented by the India Growth. She is the Shining Light of India a beacon for all poor families to honest hard work and success. She is Bharat Jyoti.

Everybody is important at every level in this growth story except the criminal-political-corrupt enterprise. It has no place in the Growing India. It must be eradicated by all means and there should be zero tolerance to such behaviour.

[chaanakya]

The accused were living off India's economic boom only. There business was an integral part of the boom itself. Ferrying people from malls, offices, schools, working as gym trainees. They had booze, good meals, family visiting them from their villages. The victims family were still in the village and led a frugal life trying to support a wonderful daughter that had brains, was pretty and caring who in turn they had dreams would help all rise with pride that India's development would give them. Thus, this certainly is not about being on the fringe of development. This is about criminality, about lust, about being irresponsible and insensitive about what this development brings about. Everything is not a handout. It was a pity watching that Kiran Bedi supporting Ram Singh in that reality show when the owner was clearly so fed up. Imagine the cheek of this drunkard, who crashed his owners vehicle when drunk and Bedi supporting him, while the owner was unwilling to pay him anything for the damage. And Ram Singh kept demanding money..shame. Many of us have lived in a village. Many of us have been happy in basic conditions. We know this is not about living in basic conditions. It is about values.

+100000.......

Ram singh in that episode looked like cold calculating criminal onlee. Not a poor bus driver. He is partner in many a crimes. DP should interrogate him and find more cases that he would have done. He seems to be habitual offender. Ramana Garu was first to hint that.

[chaanakya]

Here is a case where both Police and Judiciary fail the Citizens.

Serial Rapist awarded death sentence by Sessions Court bot confirmed by High Court and serving life sentence in Nasik Jail comes out on Parole for GOOD BEHAVIOUR and kidnaps a minor girl of 9 years of age and kill after rape in his trademark modus operandi.

http://timesofindia.indiatimes.com/indi ... 006228.cms

SHIRDI: A 32-year-old man, who was released from jail for his good behaviour after serving sentence in a rape and murder case of a minor girl, was again arrested for allegedly raping and killing a girl here, police said today.

Sunil Suresh alias Pappu Salve was arrested on Saturday for allegedly kidnapping a 9-year-old girl from Shirdi town of Ahmednagar district in Maharashtra on December 28 last year following which he raped her and then killed her.

Salve was arrested on Saturday near Manmad railway station in Nashik district by Shirdi police. He was later produced in Rahata local court which remanded him to police custody till January 17, police said.

Earlier, Salve was arrested in 2003 for raping and murdering a minor girl in Sinnar area of Nashik district.

Later, Nashik sessions court had awarded death sentence to him in the case. But he had appealed in the Bombay high court against the sentence and was acquitted in the case, police sources said.

However, he was serving two jail terms — ten-year and seven-year rigorous imprisonment each - for cases of rape and murder against him lodged in Ambad and Nashik police stations in 2002, police said.

Now if he is convicted, Likes of PPl would pardon.

[Mort Walker]

What is the actual violent crime rate in India considering murder, rape and assault go under reported?

I read one statistic that there are 24,000 reported rape cases in India, but actual rape cases are near 250,000.

[harbans]

We have another problem apart from whatever the stats may be. Convicted Rapists and Murderers being put back into civil life after just a few years to commit further rape and murders of children. After reading this who do you blame for the rape and murder, the Rapist or the Judge who let the scum out?

Released from Jail after 8 years, Rapes and Murders a 9 year old again

[harbans]

Mort, no one can say by what amount the figures are deflated. It can be twice, or it can be 10 times, no one can say for sure. One thing sure is most rapes are done by known people. The drag into car, bus, cave and rape types more often will get reported more often than ones done by family members or known people.

[Anantha]

Surely, if these current five did this rape and violent assault and went back to their homes so casually after the incident, it would be worthwhile to investigate how many times these crooks have done this using moving vehicles and if they know other groups in moving vehicles that do this act. Also victims from last few years need to come forward, under anonymity explain if they were subjected to this ordeal. One important info here is a moving bus provides a safe place for the criminals, at the same time does not divulge a fixed address to the victims, except in terms of licence plate number noted by the victim. But after going thru a gang rape noting a licence plate number may not be the the 1st thing in the mind of a victim, if at all the victim is conscious.

[JwalaMukhi]

Getting worse...

http://www.voanews.com/content/india_po ... 82910.html

Police in India say they have arrested six men accused of raping a woman after abducting her on a passenger bus, weeks after a similar gang rape of a female student shocked the nation.

Authorities say the 29-year-old victim was the only passenger on the bus as she was travelling to her village in northern Punjab state late Friday.

[SriKumar]

1. This could be a repeat of an earlier announcement: (Punjab/Haryana) CJ (A.K. Sikri?) designates 11 fast-track courts in Hry, 8 in Punjab http://www.hindustantimes.com/Punjab/Ch ... 88435.aspx

The high court had issued directions on October 15 last year for putting such cases of crimes against women on the fast track - a couple of months before the Delhi gangrape-murder.

This was done well before the Delhi rape+murder. If states can set up their own fast track courts, what's stopping other states from acting? They dont need to wait for anything from the Parliament or the Supreme Court.

2. CJI Altamash Kabir opines:

“Let us not lose sight of the fact that a person is presumed innocent until proven guilty”. Appreciating the government for the fast-track courts, he said: “It is welcome that the government has woken up to the need for courts which would try such cases on a priority basis. The perpetrators of such crimes should be brought to justice as quickly as possible.”

http://www.thehindu.com/news/national/c ... 265643.ece This sounds ominous...... justice will be served; after 'n' years. [0<n<20 (?) years]

3. Some (old) news on Verma Commission report. Not sure what this means. All of Verma commission's recommendation go into the pending legislation introduced on Dec. 4th?

Since the government has ruled out the possibility of holding a special session of Parliament on the issue, it is learnt that the home ministry will incorporate Verma committee's recommendations on stringent law for sexual crimes in the pending amendment legislation - Criminal Law (Amendment) Bill, 2012 - that was introduced in Lok Sabha on December 4.

http://articles.timesofindia.indiatimes ... al-session

4. SC to hear a PIL on speedier rape trials. What happens if they agree with the PIL?

The Supreme Court on Wednesday agreed to hear a PIL filed by a former woman IAS officer seeking directions to the government to ensure safety of women and conducting fast-track court proceedings in all rape cases.

http://www.thehindu.com/news/national/s ... 264608.ece

5. Fast-track in Rajasthan: no mention of how many courts, or what exactly makes these courts 'fast-track'.
http://zeenews.india.com/news/rajasthan ... 22381.html

Question: What are some good search terms to track news about new developments on anti-rape measures e.g. fast-track courts, set-up of judicial panels or commissions, any press statements from them, induction of new police etc.? Basically tracking output from various branches of GOI, from NGOs, private citizens or protesting groups to see if anything is happening.

[SaiK]

Empowerment requires the rule of law. People feel empowered only when they know that they have rights, and that the institutions of government exist, first and foremost, to enforce them. The rule of law is, however, only another name for justice. Empowerment therefore requires justice. The bedrock from which the anger that erupted on December 17 sprang is the denial of justice. In spite of being a democracy for 65 years, the Indian state has not been able to create something that people value even more than material benefits: a just society. It has achieved this unique feat by making both its elected legislators and its bureaucracy, not to mention its lower judiciary, immune to accountability. It has therefore become a predatory state that the people have learned to fear.

The hallmark of the predatory state is the universality of extortion. In India, we regularly lump extortion together with bribery under the generic title of corruption. In doing so, even the most ardent of reformers inadvertently conspire with the predators to hide the true, ugly, face of our democracy. Bribery and extortion are, in fact, two entirely different forms of predatory behaviour, and have markedly different effects upon the relationship of state with society.

Bribery harms the economy and society cumulatively over a period of time by preventing optimal choice, increasing cost and lowering the quality of the product or the service rendered. But it has limited political impact because it is a voluntary transaction between consenting adults and the injustice it does is confined to a small circle of rivals.

Extortion is an entirely different form of predation. ..... ... Every act of extortion is a fresh reminder to the citizen of his or her impotence. This becomes complete if he or she is denied redress for the abuse of power.

According to the National Crime Records Bureau’s annual report Crime in India 2007, between 2003 and 2007 citizens filed 282, 384 complaints of human rights abuses against the police. Of these only 79,000 were investigated; only 1,070 policemen were brought to trial and only 264 — less than one in a thousand — were convicted. All but a handful stayed on at their posts, free to wreak vengeance on those who had dared to complain against them.

The root cause of both is the lack of any provision in the Constitution for the financing of elections. In Britain where the average constituency covers 380 square kilometres and has around 60,000 voters this is a nuisance. In India where the parliamentary constituency covers 6,000 sq km and holds 1.3 million voters it has proved a catastrophe.

Indira Gandhi banned company donations to political parties and abolished the privy purses. After that the only way in which political parties could stay in the game was to break the law.

http://www.thehindu.com/opinion/lead/ov ... epage=true

Predatory state

The perennial need for money lies at the roots of the predatory state that India has become. Today, its ruling class consists of corrupt politicians who are served by an extortionate bureaucracy and police that are shielded from public wrath by nothing less than the Constitution of India.

It is sad that after this great write up, the author has to remain silent behind "the chindu" moderators or was his choice, which I can understand his fears.

India = Predatory state

[ramana]

So how do the opposition politicians get elected?

I think Chindu is spouting Leftist anti-State rhetoric while benefitting from their access to the state.
Dont be fooled.

[SaiK]

sure, while at that do you think the truth is half way though?

[vijayk]

Getting worse...

http://www.voanews.com/content/india_po ... 82910.html

Police in India say they have arrested six men accused of raping a woman after abducting her on a passenger bus, weeks after a similar gang rape of a female student shocked the nation.

Authorities say the 29-year-old victim was the only passenger on the bus as she was travelling to her village in northern Punjab state late Friday.

None of the scumbags look like Second India slum dwellers. Nice jackets, shoes and Jeans and sweaters.

[vijayk]

We have another problem apart from whatever the stats may be. Convicted Rapists and Murderers being put back into civil life after just a few years to commit further rape and murders of children. After reading this who do you blame for the rape and murder, the Rapist or the Judge who let the scum out?

Released from Jail after 8 years, Rapes and Murders a 9 year old again

I think our Govt. screwed up. The population has become servants to dole outs. The CON MAFIA and PAID MEDIA will ensure that criminal MAFIA and communal MAFIA thugs keep the population divided.

One idea is to maintain criminal database with images, locations, names and aliases etc by based pm reporting by citizens/victims .

Have a workflow/collation engine that searches thru nightly and links up records, publicize them using social media.

We can work on such idea collaboratively and open source it. Any opinion/interest?

[SaiK]

Many women in the city have turned to self-defence classes and are carrying pepper spray or knives for their safety.

Ms. Kulur now carries a pocket knife and talks on the phone every time she is out on the street. “Just so that somebody is aware of my situation if something goes wrong,”

The sales of pepper sprays increased drastically in the past month and now there is no stock left. It is difficult to get stocks,”

NGOs too have taken a step forward in providing self-defence classes for women.

ref: chindu

[chaanakya]

And this is just one example of failure of judiciary. Common man are fed up with it and dont want to approach either police or judiciary where wait for justice can span generations. Many judges would retire or die in the interim.

http://www.indianexpress.com/news/surya ... e/1054090/

the Supreme Court (SC) today decided to hear urgently an appeal against the acquittal of accused in the 17-year-old Suryanelli rape case in which a woman from Kerala was allegedly raped by 42 men for 40 days.

With the appeal pending at apex court itself for eight years, a bench headed by Chief Justice Altamas Kabir assured that hearings would begin on it within three weeks.

The bench gave the assurance after it was brought to its notice during mentioning period that the appeal against the acquittal of accused in the case is pending in the apex court for last eight years.



The Suryanelli rape case involves gangrape of a 16-year-old girl continuously for 40 days by 42 men in 1996.

The girl from Suryanelli in Idukki district of Kerala was abducted in January 1996 and was transported from place to place across Kerala.

On September 6, 2000, the special court had sentenced 35 persons to rigorous imprisonment for varying terms.

The Kerala High Court, however, acquitted all 35 convicts earlier and found only one of them person guilty of crimes related to the sex trade and sentenced him to five years jail term and a fine of Rs 50,000.

Later her family and the state moved the Supreme Court in 2005 against the high court's verdict.

http://www.indianexpress.com/news/supre ... n/1067450/

A Kerala woman who was raped for over 40 days by 42 different men finally got some relief today. The Supreme Court overruled the verdict of the Kerala High Court which had found just one man guilty, and had acquitted 35 others in the case.

The victim from Suryanelli in Idukki district of Kerala was 16 years old when she was abducted in January 1996 and passed from man to man across the Tamil Nadu border before being abandoned.

The apex court on January 3, this year had decided to hear the appeal against the acquittal of the 35 accused on an urgent basis. The case had been lying pending with the Court for the last eight years. The court passed the order on an appeal filed by the State of Kerala challenging the acquittal of the 35 men in the case.

The Kerala High Court had acquitted the persons who were already convicted by a special court in September 2000. The High Court had found only one person guilty of crime related to the sex trade and had sentenced him to five years in jail and a fine of Rs 50,000.

[chaanakya]

House panel backs move not to treat marital rape as sexual offence

Head of the panel M Venkaiah Naidu said that leaving scope for the wife to accuse her husband of rape "has the potential of destroying the institution of marriage".


Make sexual ragging a cognizable offence: Panel

NEW DELHI: A parliamentary committee has endorsed the government's decision not to treat "marital rape" as a sexual offence in the recently-promulgated anti-rape ordinance, agreeing that it could destroy the institution of marriage. However, the panel was silent on rape in live-in relationships, with many members of the view that treating it differently from other sexual offences was not possible in the absence of a law recognizing live-in arrangements.

Justifying the panel's recommendation to keep "marital rape" out of the purview of anti-rape laws, chairman of the standing committee on home affairs M Venkaiah Naidu said that leaving scope for the wife to accuse her husband of rape "has the potential of destroying the institution of marriage".

"In India, for ages, the family system has evolved ... Family is able to resolve the (marital) problems and there is also a provision under the law for cruelty against women, It was, therefore, felt that if marital rape is brought under the law, the entire family system will be under great stress and the committee may perhaps be doing more injustice," the parliamentary panel examining the Criminal Law (Amendment) Bill, 2012, said in its report tabled on Friday.

Though some members of the panel like Raja (CPI) and Prasanta Chatterjee (CPI(M)), both of whom put in a dissent note, besides Kanimozhi (DMK) had insisted on some room for the wife to take up the issue of marital rape, arguing that consent in marriage was not "forever", the majority view was that if a wife was aggrieved, there were other means for her to move court. The reference was apparently to laws against cruelty to women. There were some suggestions that the wife's age mentioned in Section 375 be raised from 16 to 18 years, but Union home secretary RK Singh, while appearing before the panel, warned that this would outlaw marriages in many states in one stroke.

Even though the Supreme Court has, in several judgments since 2010, ruled long-term live-in relationships as legal and on par with marriage, the government is yet to enact a law recognizing live-ins and outlining the rights of live-in partners. The home secretary had conceded before the panel that dealing with rape charges brought against a man by his live-in partner, especially where the relationship failed to culminate into marriage, was a tricky issue as sexual consent was presumably based on the promise of marriage. The standing panel steered clear of taking a stand on the suggestion it had received against considering live-in relations as rape.

The panel received as many as 90 suggestions from individuals, women's bodies and states/UTs. Incidentally, only five states and UTs — Gujarat, Mizoram, Lakshadweep, Puducherry and Dadra & Nagar Haveli — gave in their views.

Well Panel did take a right decision as far as marital sexual related issues are concerned. Barring some extreme cases this would have devastating impact on institution opf marriage as prevalent in India since ages. Communists and others might has some interest in destroying this institution but Majority of India might not agree to such formulation. Domestic violence related Laws would suffice. IMO