Rape Linked to Lax Security




March 16 2012: By: Vijay Panjwani, Advocate Supreme Court

Honesty, punctuality, a propensity to keep promises, the attitude towards corruption are matters shaped in great part by norms and social beliefs and the behavior patterns can become habitual. In democratic India what can be done by government depends in great measure on how ordinary people think and what people believe in…Quote from the Economic Survey published by TOI, Delhi 16-3-2012 on Page 15.
The Gurgaon abduction and rape of a mother of three year old boy while commuting in a taxi along with her brother from pub named ‘Last Chance’ to her home. And the other case of a girl accompanied by her one year old baby being raped. The public pain and sympathy is overflowing in favour of the victims even as we were discussing the murder of Narendra Kumar 30 year old IPS officer taking action against illegal mining after midnight in Morena District, Madhya Pradesh following other such incidents in the same state in Satna and Panna Districts.
Several questions arise in such sexual violations of the human body. In Gurgaon cases violence was forced upon to over-awe, subdue, and surrender.

  1. What are the duties of the pub owner.
  2. Liability for damages in public law in addition to statutory rights to compensation.
  3. What type of State policing is required.
  4. Whether there is State duty to eradicate social and criminal activities. In doing so can State restrict the right to work of needy women by notifying 8 PM as time to stop work but in doing so does not restrict entry of women guests in pubs after 8PM. Is it true that most pubs open after 9PM in Gurgaon and close at 2 AM. Can any pub stop entry of a girl working inside or outside the pub upto 8 PM from changing her status to guest after 8 PM. Is it illegal to facilitate single males to enter pubs requiring female-male entry only. Can a pub which knowingly benefits by the escort service provided by rape victim turn around and say she has nothing to do with the pub.
  5. Is Violation of victims Human Right to security enforceable.
  6. 1993 UN General Assembly resolution to eradicate violence against women compliance in India.
  7. Whether victims of rape entitled to immediate No Fault compensation by State.
  8. Whether pub owner liable to pay compensation to any woman ‘working’ for the ‘benefit’ of his income. What meaning to be given to the terms ‘benefit’ and ‘working’ strictly statutory or liberally enlarged.
  9. Whether necessary to go into issues like skimpy-tight clothes, inviting conduct, after thought on being exposed to family, blackmailing for money, etc.
  10. Whether punishment for rape to be reduced to minimum two years from the present 7 years for higher rate of conviction.
  11. Whether the seven persons who gang-raped Gurgaon victim mother of 3 year old son deserve to be babotised and would this punishment amount to ‘cruel and unusual punishment’ which is illegal
  12. Whether accused persons liable to punishment also liable to pay compensation to the victim.
  13. Whether paying capacity is a distinct separate issue from liability to pay.
  14. Can a public interest petition be filed in any Hon’ble High Court in writ jurisdiction for compensation and eradication of criminal activities.
  15. Can any other person or her friend/relation/Advocate in addition to or in place of the victim file such a PIL petition.
  16. For Gurgaon rape victim,, is the High Court P&H the only forum or she can approach Supreme Court directly.
  17. Can the victim alternatively or in addition also approach National Human Rights Commission at Delhi for compensation, etc.
  18. Why are both the National Women Commission and State Women and Child Commission weak and helpless. What is their role.
  19. Media follows pick & choose policy in highlighting victims and whenever it does victim gets relief. Can this role be adopted for social netizens.
  20. [20] What action to be taken against the beat constable for failing in his duty to expose and curb criminal activities within his assigned patrolling area. He is at the base of police corruption and the best whistle blower.

These questions need attention of every citizen particularly women on the net because answers and action taken would improve our social attitude and security environment. It can rescue women from getting into the net. More than heightened law enforcement need is for attitude change as propagated by Finance Minister Mr Pranab Mukherjee in the Parliament on 15th March 2012 while speaking on the Economic Survey. Jai Hind.

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