Fakeindianbbahu's Blog

A Sensitive and Logical Young Indian Female's Blog

Justice Verma Seeks Suggestions from Public on Rape Laws : Email ID and Fax Details included in Post


The suggestions can be sent at email ID – justice.verma@nic.in or through FAX at 011-23092675.

Anyone willing to Copy Paste my suggestions are REALLY WELCOME!!I have no issues.We need people in number to get laws and scenario changed.You see on the huge protest in Delhi is bringing a start in change.Verma Commitee Rape Suggestions

http://economictimes.indiatimes.com/news/politics-and-nation/delhi-gang-rape-justice-verma-committee-begins-work-seeks-public-comments/articleshow/17743956.cms

NEW DELHI: The three-member committee of jurists, constituted to give recommendations on amending laws to provide speedier justice and enhanced punishment in sexual assault cases, began its work today by issuing notice seeking public comments on the issue by January 5.

The committee headed by former Chief Justice of India J S Verma sought comments from the public in general, particularly eminent jurists, legal professionals, NGOs, women’s groups and civil society members on reviewing the existing laws in a bid to provide quicker justice and stringent punishment in cases of aggravated sexual assault, an official statement said.

The comments can be sent at email ID – justice.verma@nic.in or through FAX at 011-23092675.

The committee, which was constituted after public protests erupted over the Delhi gangrape case, will look into possible amendments to the criminal law for faster trial and proper punishment for criminals accused of committing sexual assault of extreme nature against women.

The other members of the committee, constituted by the government, are Justice (retd) Leila Seth, former Chief Justice of Himachal Pradesh High Court, and Gopal Subramanian, former Solicitor General of India.

The panel has been given 30 days to give its report to the government.

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I have already sent my suggestions : below are the details

Suggestions for Rape Law and also Medico Legal Rape Examinations of Victim

Dear Justice Verma
Here are my Suggestions for Rape Law-IPC-CrPC and also Medico Legal Rape Examinations of Victim
First on Medico Legal Rape Examinations of Victim :
1) The Two finger Test should be Banned : It is still carried out that too without victims consent, It is a sexual assualt a second rape.Though it has been SC ruling of no relevance as rape is a rape, it doesnt matter if the person is habituated to Sex. Why is virginity and related matter and elasticity of Vagina related to rape ???
!City hospitals show two fingers to rape victim’s pain and SC ruling!  http://newindianexpress.com/thesundaystandard/article549495.ece

2) Format for Medical Examination should be Updated with removal of Two Finger Test In ALL INDIA HOSPITALS IMMEDIATELY.
As per  Union Health Ministry ,it decided to make the finger test optional in March 2011. As per the changes, the finger test should be done only if the doctor finds it necessary, and that too, with the consent of the victim.”

The Indian government amended its evidence law in 2003 to prohibit cross-examination of survivors based on their “general immoral character”
But still it is followed as a rule

3) Attached is a WHO report on Two Finger Test , which absolutely not used anywhere in world except India , that too even on children  ..What a Shame.

3) Immediate Rape Kit given to the Victim : That includes the victims health and forensic evidence collection kit

A rape kit consists of small boxes, microscope slides and plastic bags for collecting and storing evidence such as clothing fibers, hairs, saliva, semen or body fluid, which may help identify the assailant and provide evidence supporting prosecution in a criminal trial.[3][4] The process of collecting the evidence for the kit takes hours.[5]
Although a rape kit’s contents may vary by location, it may include:[1][6][7]
  • Instructions
  • Contraceptive
  • HIV retroviral drugs
  • Bags and sheets for evidence collection
  • Swabs for collecting fluids from the lips, cheeks, thighs, vagina, anus, and buttocks
  • Blood collection devices
  • Comb used to collect hair and fiber from the victim’s body
  • Clear glass slides
  • Envelopes for preserving the victim’s clothes, head hair, pubic hair, and blood samples
  • Nail pick for scraping debris from beneath the nails
  • White sheets to catch physical evidence stripped from the body
  • Documentation forms
  • Labels

Second ON Rape Laws :

1) Ask the Victim for the punishment , Like in this Case of Delhi Gang Rape.Like she can ask of removal of all intestines of all the accused , surgically and given for donation whereever it matches.OR Death as this is a near death or no surety of life or a normal Life

2) All In camera trials

3) Non Biased approaches by HC or Trial Court Judges : We have seen judgements like : Appoint Proper Judges.

  • -Though the girl was aged about 20 to 23 years and was unmarried but she was found to be “habituated to intercourse.” This makes her to be of doubtful character.- Jharkhand High Court, 2006
  • -She was complaining pain and the vagina was admitting 1½ finger [sic] ….From the medical report it is clear that the prosecutrix was not a girl of lax moral and she was not “habituated to sexual intercourse” and most probably, that was her first experience as the doctor has observed reddishness on her vagina and blood secretion and pain on touching the vagina   – Chhattisgarh High Court, 2007
  • – Mathura, 16, was accused of being a liar. It was stated that since she was ‘habituated to sexual intercourse’ her consent was ‘voluntary’; under the circumstances only sexual intercourse could be proved and not rape.-The Bombay High Court set aside the judgment of the Sessions Court, held that passive submission due to fear induced by serious threats could not be construed as consent or willing sexual intercourse.-However, the Supreme Court again acquitted the accused policemen. The Supreme Court held that Mathura had raised no alarm; and also that there were no visible marks of injury on her person thereby negating the struggle by her.The Court in this case failed to comprehend that a helpless resignation in the face of inevitable compulsion or the passive giving in is no consent. However, the Criminal Law Amendment Act, 1983 has made a statutory provision in the face of Section.114 (A) of the Evidence Act, which states that if the victim girl says that she did no consent to the sexual intercourse, the Court shall presume that she did not consent.
  •  In Mohd.Habib Vs State, the Delhi High Court allowed a rapist to go scot-free merely because there were no marks of injury on his penis- which the High Court presumed was a indication of no resistance.The most important facts such as the age of the victim (being seven years) and that she had suffered a ruptured hymen and the bite marks on her body were not considered by the High Court. Even the eye- witnesses who witnessed this ghastly act, could not sway the High Court’s judgment.
  • Another classic example of the judicial pronouncements in rape cases is the case of Bhanwari Devi, wherein a judge remarked that the victim could not have been raped since she was a dalit while the accused hailed from an upper caste- who would not stoop to sexual relations with a dalit.
  •   Sakina- a poor sixteen year old girl from Kerala, who was lured to Ernakulam with the promise of finding her a good job, where she was sold and forced into prostitution. There for eighteen long months she was held captive and raped by clients. Finally she was rescued by the police – acting on a complaint filed by her neighbour.With the help of her parents and an Advocate, Sakina filed a suit in the High Court- giving the names of the upper echelons of the bureaucracy and society of Kerala.The suit was squashed by the High Court, while observing that ‘ it is improbable to believe that a man who desired sex on payment would go to a reluctant woman; and that the version of the victim was not so sacrosanct as to be taken for granted.From here, http://www.legalserviceindia.com/articles/rape_laws.htm
  • The Bombay High Court has reduced punishment for a man convicted of sodomising a 10-month-old girl child, accepting his contention that he lost control over himself as he was living away from his family. Does a rapist deserve a reduced sentence because he lost control since he was living away from his family
Isn’t it essential that we make sure that it is understood by all that lack of consent is rape, and ‘Only yes means Yes’ even if the woman was  wearing a salwar kurta in Andhra or Jeans in Haryana or UP; or dancing in a pub in Mangalore and Kolkata; or drinking in Guwahati; celebrating a birthday party with friends in Noida; or was outside her house or took a radio cab after 8 pm in Gurgaon?
And that it’s Rape even if the rapist was living with his family, away from his family, was drunk, was well known, was of a certain caste, was a family man, was young, needed to support his family etc.

4) Term should be nothing less than Surgical Castration  + Mentality Counselling (Chemical Castration is reversible once injections are stopped and the accused hast come voluntarily to get castrated as police cannot track them regularly, what a joke …Moreover Rape is about domination , misogyny …)

5) Rapist and Sex crime Offenders or even accused should be electronically Tagged and have daily and weekly Police Station Mandatory Visits , as there can be alerts in the area for the police to prevent any more repeat crimes.

6) Financial compensation by Accused thruout life

7) Mandatory Create a National Database Online so that they are not employed in any sensitive places

8) When A Shoddy Investigation / Incomplete investigation OR Even Delayed Investigation done by Police , The Victime should not be liable to Prove , The court Judge as his duty and part of New Rape Laws should have a case registered against Police for trying to help the accused.This is very important as this is the basic reason where Police is not accountable and hence used nicely for acquitting accused

9) In general Irrespective of Rape/Sex Crimes : The writing of FIR why is it at the discretion of the Police. FIR means First Information Report , why Police decide based on his individual and personal opinion whether to Register FIR or Not ????????????????.I am sure this done
a) To have lesser followups
b) To show lesser crime rate in their area
c) Mindset , that this crime is simple or Deeply Patriarchial Mindset
d) To get bribe from Accused
e) Follow the Colonial style police which is meant to protect Govt/High powered individuals not the common – man

10) Trials should be fast at FIR, Investigation, Chargesheet and Verdict level , As why should a victim for no fault of her/him should waste her/his life around this Sex Crime which she/he is at NO fault.Victim should be able go ahead with life and move in out for their normal Studies/Career and not make this Crime done other/others as the only main work of her/his life.Take case of a young IT professional , because she has complaint against a crime , she has to sacrifice her Job posting , Career related decision to move to another country etc etc…
Also why she has to see the same faces of  the offender , who should actually be in Jail not on Bail..
She finally thinks what a mistake and waste of time due to Slow Courts.She should have kept mum..??????

11) Coming to Juvenile Laws : How is a Juvenile Law defined …
Crime perpetrated by under 18 person , their act be considered as an act of innocence as per the law.
So we have to look at definition of Innocence in each case to case basis.
Do you think , a 17 yr 8 months old person in next 4 months will have sudden transformation into an adult or even a 17 yrs 11 months and 29 days old person will overnight be an adult with sudden brain change. NO..For God sake LAW is supposed to be LOGICAL NOT BLIND.
In the Delhi GangRape case, The just under 18 person was brutal of all and also knew how to save himself and overpower others.Do you think a juvenile can overpower an adult or 23 yrs and 26 yrs old , he is not an juvenile , in that case.He knows to remove evidence he has to shove the Victims under the bus and crush them, what are we talking about …Juvenile , I again repeat For God sake LAW is supposed to be LOGICAL NOT BLIND.
What examples are we setting we have think as a society and Laws are meant for a better society and support of Civilised society.
The brutal just under 18 person is a threat to anyone as he gets a message that he can get rid with nothing until he is
17 yrs 11 months and 29 days old.This is exactly going on in Gangs who do Burglary who hire young under 18 people to do that , Police cannot act on then under IPC and hence no record and they are just given warnings and they are off and for whole life they learn a lesson that they can go scott free , as they do not learn law that after 18 you will be punished , instead they feel empowered.

12) There should be change in IPC and CrPC for Police as almost all the police staff understand that not the Judicial Laws. They act as per that.I personally know when we talk on laws , only lawyers inform them and they do not understand them , how can they , else they would have been ;awyers or Judges, Even Common man cannot else we would have been lawyer and judges.We all common man cannot be a reference library of Law neither police , Please amend the IPC and CrPC in conjunction to Rapelaws , else half work done is of no use Sir.

13) Order a Regular Equality Sensitization Program on National Channels , Schools , Office , Factory , for Abolishing Patriarchy , simple from Fathers Name or Husbands Name in all docs should not mandatory , Making men eat food before women , Media showing Men slapping women for non conformance, Ideal Daughter In Law , Menstruation as an unholy function of body etc etc…Basically to stop Seasoning of Boys and Girls for Patriarchy.

14) There should be a Sensitivity Test like Driving test at time of Getting Adhaar Card / Ration Card / Marriage Certificate/ Birth Certificate /Pension certificate etc..
It should not be a standard test , which anyone can copy , it should be random like CBSE board exams.

Finally , All the laws : Judicial , IPC , CRPC , FIR , Medical Examination ,Equality Sensitization Program on all levels- regularly.

Regards,
A frustrated Citizen

 

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December 24, 2012 Posted by | child rights, constitution laws, Indian women | 10 Comments

Corruption and we the people !!


I a valid citizen of India (as I have a genuine Voter id , Ration Card , Passport , Driving License and MOST IMPORTANT the PAN CARD , you know people don’t create one who have never paid a single rupee as tax ….like your local grocery store , the shops , rich farmers who are in some shady jobs…)…

OK , My take on corruption ….. I hate it from the core of my heart I don’t want to pay any bribe , nor do I want black money, I am against it, I am an honest person…But I have given bribe sometimes that is just like rare occasions…Yes I have …I am not ashamed of it..though I felt horrible while giving it….Still I support the INDIA AGAINST CORRUPTION – FREEDOM MOVEMENT … Very Very Much… Reason…..

I am an educated person , I have values , I have heart , I have ONLY ONE LIFE……You will say “So what….”…If I dont give bribe , my lifestyle will be horrible , I and my family will be a beggar despite my talents , my earning and my respect in society like some famous freedom fighters whose family are living as daily wage workers…Imagine…My kids and future generation will then be simply not be educated or not educated properly and they will be just like other corrupt or other people who get wooed by politician for Rs 100 to vote for them,,,

Now that’s what is present… I strongly do not want that to be my future…SO THATS why I am supporting This MOVEMENT by Anna Hazare, Kiran Bedi,Arvind Kejriwal of all the times ……THIS MOVEMENT is gaining momentum …mind it..you cannot dismiss it as a feeble attempt where you don’t like corruption as well you like to condemn people and thinking these people standing against it are doing some futile stuff…MIND IT…If you think so and do not devote time to it and do not come to the streets or give support even though you can ..YOU ARE FUTILE…YOUR  LIFE IS FUTILE and you future generation is your product…enjoy!

Hong Kong was in a similar situation of rampant corruption in 1970s. People took to streets. The island was forced to set up an Independent Commission Against Corruption (ICAC) with functional autonomy, headed by men and women of merit, drawn from many disciplines. And it cleaned up the system. To begin with, they dismissed scores of top level cops. Today, Hong Kong is one of the most honest countries.

Its time to be having a “Tunisia” against a dictator called system.Be it an individual or a group finally it dictates our right to be honest and our rights to not allow our motherland and ourselves stripped off the wealth we generate by our hardwork and some handful people simply take it away with the help of the system..THE SYSTEM that is meant to FAIL intently…..

So we have to fight it …YOU (I mean all) should be part of this movement ..If you are not part of it then you are actually restricting us from getting the system rectified as only things can be achieved with a mass movement.if you are not involved you are deterrent to it..in effect you are part of the problem and the system.If we win the movement which I am sure we will if we join in masses , then you who if doesn’t join will have no right to enjoy it…I will be ashamed of you and all the movement will be ashamed of you !! Imagine a person of age 78 is doing it for you what does he gain , he is already towards the end of innings and I strongly want LONGEST life for him and you who is young cannot do it for yourself..Then it will be a real shame..

We are all brains of the country each one of us is one nerve of the brain and the system support to be our functions and support . EVEN if ONE nerve doesn’t function we loose our brains that is : OUR MOVEMENT…Thats why we need support from all and everyone…..

THIS IS A ONCE IN LIFE TIME OPPURTUNITY..REMEMBER THAT ..We have tried all the solutions none worked only this sure shot and final way…

I am sure the government will play a Known Game , they will promise for the demands first and then slowly delay it and let it become cool..SO THAT IS WHY WE NEED TO BE CONTINUING THIS MOVEMENT Until RESULTS COME OUT…

One person said and that’s my Strong  request too..: MY REQUEST TO ALL : PLEASE STAY FOCUSED !! There will be many things to stop the movement in political-bureaucratic-subtle-non_subtle-unethical-illogical-eyewash ways….. BE CLEAR , BE STUBBORN for the “CORRECT LOKPAL BILL”.. 

If media which is now recognised as powerful , they will be bribed by Corrupt..and they will also not report this movement , So we are the media here , we the online bloggers, we the people , we by our word of mouth , we by our online and mobile communications …remember Our freedom fighters ..their newspapers were banned..here media can be bribed ..still they kept their movement hot …we have more ways ..Infact we do no even have Military and Indian forces against us ..most of them will support us  for sure ! Be a sport JOIN and SPREAD the MOVEMENT like a wild-fire …Ofcourse the system has made us wildfire…as they are the wild…;-) 

We have to focus on this issue of corruption and not on the person choice or any activits opinions or comments on another aspects of Life etc..You may also have a different opinion on something social or political .Does that mean you cannot fight against corruption , ARE you Incapable activist ??? Thats what loses focus…

Another person said which I also echo  : Dishonest people in this Dishonest system will create Dishonest bills to create more Dishonest people and torture the honest people of India..Of course I was force to pay bribe to get my basic right despite I pay very high tax..

I feel ashamed of myself and my country people when we a worlds 2nd Biggest Population are not able to pressurize a handful bunch of corruption section and strip of us our rights and money …I face these questions whenever I meet other nationales..YES I FEEL ASHAMED..They were able to but not us !!

Our economy is also dependent on this ..everything … Your pocket hit due to price rise..!!

Foreign Investors are closely watching this movement , as India has been hit by serial scams.Some countries benefit from our present state , though they cannot control it but like things the way they are..

So ARE YOU IN THE MOVEMENT ?  INDIA AGAINST CORRUPTION – FREEDOM MOVEMENT

Ofcourse I am not a fake Indian unless I do not support this movement.

This is what Arvind Kejriwal explains the intently system : DO READ THIS !! 

A look at the structure of our anti-corruption system shows that there is not a single anti-corruption agency that is independent of the government or has the complete powers to take action.The CVC and CAG are independent but merely recommendatory. The government often ignores their advice.

CBI has powers but is completely dependent on the government for permissions for investigations and prosecutions. CBI’s lawyers are appointed by the Law ministry and report to it as well. That is the reason why everyone demands a Supreme Court monitored CBI investigation (as is the case in 2G spectrum).

Our anti-corruption systems have inherently and intently been kept flawed. Even the Lok Pal Bill pending since 1968 falls in the same category as it is also proposed to be a recommendatory body.IMAGINE…

 Please forward this Blog if I have been able to Inspire or atleast instigate you to join this freedom movement !! Please enable yourself to live a dignified life!!

 

Here are some Videos and Site for you to learn about Movement and join it !!

http://234511.myvideotalkstudio.com/streaming/pages

Stand for Anna Hazaare…

http://www.avaaz.org/en/stand_with_anna_hazare/97.php?cl_tta_sign=e0501f74137d51386295e548b905e10c

Another registration with Anna Hazare Movement Direct.

http://www.indiaagainstcorruption.org/Register.htm

Also Do give a missed call to : 02261550789

 

April 13, 2011 Posted by | blogging, constitution laws, current issues, Indian women | , , , , , , | 3 Comments

Would you celebrate Valentines Day In India ?


Do you think , we should not accept this festival of Love in the Land of Krishna and Radha and land which is pot of melting cultures. OR Do you think we should just shun off everything that is non Indian – including Foreign Investor Funds , Mobiles , English everything….DO POLL…!

Would you celebrate Valentines Day In India ?

February 7, 2011 Posted by | blogging, business ideas, constitution laws, crazy area, culture, current issues, Double standards, fakeindianbbahu, family, feminism, freedom, gender, happiness, history, love, politics, society | , , , , , , , , | Leave a comment

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