When law becomes an excuse to err
Saturday, 23 Feb 2013 at 08:55
This is not the first scene, when law saved a barbaric person from getting the deserving punishment, because the law guaranteed him certain rights over others. One of the six convicted in Delhi gang rape case was found to be a juvenile. He will avail this privilege even after being part of a ruthless gang who killed that poor girl brutally. The juvenile even being the most ferocious among six is likely to get least punishment. Perhaps it is the international compulsion that is forcing India to act passively with juveniles.
Here in India, a fourteen year old is mature enough to work but he is treated as juvenile and a child when matter of crime is involved. For the sufferer they are no smaller than monsters. Even the judiciary system sticks their ambit to inert documents (laws). In "rare of the rarest cases", the court can slap capital punishment on the accused. Why can't the juvenile be dealt with more deterrent way in such cases especially when he is about to cross the juvenile age limit. By taking the Delhi rape case as the rare of rarest cases, it would be cruelty on the part of the society to allow these cases not to fall in rare of rarest.
It is an obligation for the common masses to make hue and cry for safeguarding their right of dignity and modesty. This is not the only scene, where law guarantees safety for the accused. Since independence of the Indian sub-continent, there are enough evidences to show that, time and again, the loopholes in laws have been used by astute persons for personal gains and advantages. It was the loophole in the law that helped the big farmers to retain huge farms and make the land redistribution a complete fiasco. In the aftermath, the land-less labours got birth.
In contrast when we look at our counterpart China, they distributed the land among the commons equally and the result has been startling and spectacular. Even being the most populous nation they have done better than India. Irom Sharmila-the iron lady of Manipur has been on hunger strike since November 2000, not because AFSPA (Armed forces "special forces” act), 1958 is there but because of the way it was and is being used. Kashmir too has seen bad side of this act. The commons became sufferers.
In the name of maintaining peace, this law has on several occasions distorted peace and made huge number of people hapless and helpless. The law providing immunity to defense personnel has emboldened them to do every sort of atrocities on common people- making them human shields, killing them in fake encounters, and indulging in gang rapes. The defense personnel should know that this immunity given to them is just to safeguard rights of common people not to abrade them.
Recently, Verma committee repeated the statement of early committees to bring necessary changes in the AFSPA. The prime minister's affirmation for implementing the recommendations of Verma committee has energy enough for the commons of the anarchy rid areas to remain optimistic for future of calmness. Like AFSPA and the Juvenile act, there are many laws that has made life of the commoners gloomy and uncertain. Reviewing and revamping these laws is need of the hour. Serious changes must be brought in the laws that do affect the life of commoners in negative way. Few more committees should be set up for making the law an apt and effectual tool. The government has to become proactive and should act on the impulse and beats of the common people. Sanguine to remain optimistic for these changes-the cataclysm that will persuade the Irom Shirmila to enjoy a good dinner.
The author can be mailed at magray2010@gmail.com
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