Justice for Rape Victim

Respected Sir There has been continues protest in Delhi and many parts of the country after the Delhi gang rape. All of us who are hurts have been asking for death penalty for the culprits. Is it so easy to do so? If Police does not file strong charge sheet, supported by key witnesses that will not be possible. If we remember the Jessica Lal case, had the sting operation not carried by Tehelaka and continuous campaign by Star News/NDTV, Manu Sharma would never been convicted. The movement of Jessical Lal murder case was peaceful but if we do not have speedy decision in recent cases, the movement may not be peaceful which has now turned voilent. There is big problem in our judicial system it asks for witness. The witness may be necessary in many cases to substantiate the charges but in Rape case who could be witness who can say that the girl was raped in front of him or her, a I will term it as non-sensible and ridiculous expectation from victim to bring the witnesses of her rape. People are demanding for capital punishment and chemical castration. But moot question is that if the crime is not proved, what the use of demanding such punishment is? Further the burden of proof lies with victim that she was raped. I think for proving the rape case medical report/Forensic report/DNA report and statement of a victim should be sufficient to punish the culprit. We are living in era of technology but I was shocked to hear that forensic reports takes years. Why can’t we have more and more number of forensic labs which can provide report within a week? I do not think much cost is required setting up one forensic lab. We do not have shortage of forensic expert in the country. Why can’t we have trial without adjournment in rape cases? One way we say there are lakh of cases pending in Indian courts but we still follow the British model of court during pre-independence era where courts used to be closed in summer and winter holidays, (this was the convenience of Britishers and deliberate tactic) We still follow the same pattern and courts are the only Institutions in India where Judiciary enjoy summer and winter holidays External Affairs Minister Salman Khurshid said there cannot be street trials of perpetrators as it is against the basic principles of Constitution. Yes I agree but people have lost faith in our judicial system especially in rape cases now it is the duty of all our leaders, state, Police and Judiciary to build the confidence of the people. If the state does NOT act to rebuild the faith of people, they may resort to street trail and on the spot judgment and then there will be complete anarchy and people will take law in their hand. In most cases common man has feeling that courts do not punish the perpetrators, unless victim is wealthy, we still doubt that all the judges are honest, public prosecutors are not corrupt and so are policemen. The top lawyers are interested in cases which can fetch them good money from culprits. The Law Ministry and IAS in Law Ministry are also not interested cancelling the summer and winter holidays of courts nor they are interested in increasing number of Lower Courts and number of judges in improving the speed, fairness and transparency. As a father of two daughters, many nieces, sister I am worried and my wife worried. My daughter always ask me why she can’t go out alone like boys. What answer I can give her? Let us continue to show this anger, not for a specific case of Delhi gang rape but for all the rape cases which has happened in the past. Our anger is precious let us having result for it. We want speedy trail, we want certainty of conviction, we want punishment as in case of rarest of rare, we want transparent trail, we want recording of trail, We want the culprit be exposed (Their face never be covered), We want a complete zero tolerance . It is also suggested that victim’s case should be taken up by a lady advocate and there should be maximum number of women at the time of trails. 1. Suggest narco test of rapist should be made mandatory. 2. While trail goes the Girl should be represented by lady advocate and more and more lady legal counsel should be in court. 3. Severe Punishment for the policemen who are insensitive. 4. FIR can be lodged on line. 5. Database of offenders is necessary. 6. As Kiran bedi suggested Social audit of Police and Judiciary be made mandatory Please respond if you can and take the necessary action, whole society shall remember your initiation. Regards Rajesh Kumar From A father,Brother,husband,son,uncle etc.