SEXUAL ASSAULT

                                                          ANTI RAPE- LAW AMENDMENT

From time immemorial there has been Sexual harassment to women. The primitive man lived in his own lifestyle and as time passed by many changes took place in the society, the natural law giving rise to Written Laws to prevent cruelties to fellow human beings. Civilised man shredded out his beastly habits and refined himself with civilised features in human relationships. Thereafter Family set up through Marriage followed and treated it as a SACRED Relation between man & women. Thus marriage came into being, as a Covenant between two individual belonging Male & Female, believed to be joined in marriage by GOD as Husband and wife witnessed by the parents and friends & relatives. This union of man & woman as Husband and Wife formed the basic structure of the society.. 
As the life of the human beings underwent changes due to advancement of scientific inventions and discoveries of the hidden treasures of nature, certain influence in his/her life also changed the outlook on life..

After independence our Law makers framed different Acts and Regulations to control public behaviour. The criminals and Law breakers were punished so as to keep the peaceful life of people without any fear or threat from evil doers in the society. But the application of the provisions of the Law for Justice to all without favouritism did not prevail due to interpretations of the Rules at different levels of Judiciary or other law enforcing machinery of the Government. Also inordinate delay in disposing cases, throttled the very sanctity of the purpose for which the Law was enacted by the Authorities.

Now the recent attacks on women have given rise to many alternative methods to stop such heinous   crime against women. Even to enact separate Anti Rape Laws by amending the Criminal Law is also on the Anvil.. When we have sufficient coverage of the existing Law in our IPC & Constitution, why we should go in for extra provision of law to deal with such cruel game of Rape?. Application and implementation of the appropriate rule and to punish the culprit within a short period of time is the prime necessity of today.

Yet another school of thought, is bringing up cases of rape & molestation among the married people!. Well married people have to be together in life and they must formulate their private life as a family unit with utmost care. The Sexual act in their life must be most sacred and divine.  This aspect I have written in my site http://divinityinaction.blogspot.com at the beginning articles under the caption. My Stray Thoughts.  The idea of taking sexual life in marital status of husband & wife does not seem to fit into the category of rape. In the absence of witnesses how can we identify the offender and term the Act as rape? .To understand the difficult situation in marital relation in Sexual intercourse, the following queries may have to be answered!

1.       The husband can initiate action OR the wife can initiate action in their Sexual act.

2.       The husband may not be WILLING at that point of time but, the wife may be WILLING and may force her husband..

3.       Both may be willing in this sexual relation adopting any method they choose from Nature or from texts from KAMASUTHRA or other sources...

4.       The husband may like to have the lights on where as the partner wants the act in darkness?

5.       The husband may like to have the act without the clothing, but wife may not!

Now out of these few probable situations, how can we attribute the criminal assault and on whom? In item 2 above the husband may be the VICTIM as he is not for the proposal at that point of time. If husband forces wife when she is not for it, then the wife may be the VICTIM.. So the offender in the married status is either husband or wife. Who will charge whom in such situations?. Therefore mutual unwritten consent must be resorted to by ideal couple for a peaceful and happy married life. Such cases may be common in the life of majority of couples. Therefore sexual harassment in marital relations may not be a subject of discussion in open forum! Any distortion in the normal life of husband and wife must be dealt with appropriate authorities and action taken according to the merit of each case. It need not be listed along with the VIOLENT & CRUEL SEXUAL HARRASSMENT METED OUT TO INNOCENT WOMEN IN PUBLIC PLACES OR PRIVATE DWELLING PLACES.

In this context, I recall the words of my clerk in the year 1960, when he told me about his experience in his family life. He said, I quote, “though we are married for ten years, I have not seen her naked..” .That means there are married couple of that category also!. Then how can we regulate such human activities in married life by enforcing law or procedure order in sexual life of couples & to term it as Forceful act in married life?.

My view in this issue is to permit the old saying” TAKE CARE OF THE VITAL THINGS, OTHER THINGS WILL TAKE CARE OF THEMSELVES”

ABRAHAM PHILIP

FROM PILLER TO POST?

                                                               SURYANELLI CASE

Now that the Supreme Court has rejected the judgement of the High Court in acquitting the accused persons after 8 years of long judicial procedures, what can be the next course of action? Will it be favourable to the victim or again “Back to Square One” or “Pillar to Post”? Was there not a provision in the Law to settle the long pending case in the Apex Court? These are the random thoughts came to my mind when I heard of the disposal of the case and the Judicial uncertainty in different levels of trials of a case in the Courts.

If the High court after going through the case again pronounces verdict and acquit them, what can be the next step in the Legal Procedure?. I think , we are all in a state of uncertainty in all matters  of decision whether it be at Home or outside home in public service due to lack of Vision  in the right direction. There is a saying- “Sober as Judge” in arriving at a decision, amongst strong arguments & counter arguments, within a time frame.

The social and Political situations in the country have come to an unpredictable level, resulting in indecision in important issues, by the men/women in authority. Mainly this is due to intervention and compulsion by the external forces entering in the jurisdiction of the officers concerned.  I feel that the greatest unfettered enemy, is the “corruption in thoughts & actions”, in the whole episodes hitherto in all spheres of society life. Can we come out of this JUNK?

Abraham Philip

MEDIA-A PARALLEL JUDICIARY?

                              

 

   MEDIA - A PARALLEL JUDICIARY?

The  earlier News agencies  like news paper and other publications  were the communicating medium through which the public were informed of the daily happenings in the State or Country at different places  on matters of public importance. Important information in all spheres of life are passed on to the people without any additions or deletions, depicting the true and authoritative news.

But this scenario is totally changed. The IT based information agencies are overriding all the existing norms of communication and are introducing their own interpretations and discussions with people of different walks of life through TV & Videos etc.

Personal interviews like NERKUNER/POINT BLANK/COUNTER POINT ETC are in fact creating confusions and also ill will amongst the different sections of the society, both political and social. It is almost running like a PARALLEL JUDICIARY trying to prove the GUILT of person/persons or groups..

This type of overdoing by the media people is likely to imbalance the peaceful existence of the people belonging to different denominations both in the religious and political organisations. The principle of the Democratic set up of Governace has to be maintained without any misinterpretations which may lead to the distortion of the existing rules & regulations.

It is seen that most of the cases under investigation by the JUDICIARY are also being discussed in the TV interviews with preformed ideas and arguments to sort out the solution when the cases are under examination by the COURT OF JUSTICE!  According to my opinion such “fast forward” actions by the Visual & printed media, must be cautioned for such videos & publications. Unless the Government takes stern actions to prevent such unfettered and unlimited approach to the publication of news, things may go beyond control to a non retrievable situation.. I had earlier also commented on” Media going beyond Limits!”

Abraham Philip

CRIMINAL ASSAULTS BY CHILDREN

                                                      MINOR Vs MAJOR CRIMES

In the context of the recent heinous crimes on women, I write this note which may be relevant to examine the next course of action we should take to stop such social evil.

The present generation is quite different from the earlier one existed in the 18^th&19^th centuries? The earlier generation had a set pattern of social culture & moral behaviour in securing the social safety and peace living of the family and the public at large. Strict Parental relation was maintained unlike the present “friendly relation” with the children. Both the parents and the teachers in schools and colleges also exercised their role in training up the children in the correct path of life. Whenever the children disobeyed or did wrong, the parents cautioned them and even punished them at the right moment. They never” Spared the rod and Spoiled” the child.

But the present scenario is different. Most of the parents do not keep strict vigilance on their children when they commit wrong things and disobey the parents or teachers.  A “Stitch in time saves nine” is not observed by the modern parents and they give a long rope & freedom to the child to do whatever he/she likes at home or outside. Being the only child, these parents are scared of correcting the wrong doings resulting in unmanageable situations. The joint family system seems to be better than the single child syndrome! Earlier the children learned the social customs and public behaviour from their parents & teachers who strictly followed the social justice to bring up the children as worthy citizens. But as time passé by deterioration in the teaching standard & character development of the students, resulted in multiplying the social evils in the schools, colleges and in public life.

Political invasions in the school & college campus also ignited the passion of destructive nature in the minds of the youngsters. The children instead of learning from the class rooms started short cuts methods of learning by doing/seeing TV/and other electronic media which gave them entry to any communicating gadget to  “Make or Mar”.

The human mind is the most complex and unpredictable, unlike the animals which move on with the inbuilt instincts. Man with his VIVEKAM & JNANAM (KNOWLEDGE) given by the Almighty misused causing incorrigible crime to his/her fellow beings.  Just like controlling the growth of a tree sapling , human beings also must be “ pruned and dressed up” to grow as an acceptable social being without causing damage to people around. Unless control over the stage development of the children is exercised in the right moment, they will be drifted off from us and become a social nuisance both to the parents and to the people. My note on four Stages of Life in http://divinityinaction.blogspot.in may be seen..

 Therefore the Law applied earlier will not do for the present generation, as the life styles are different now. The modern developments in all the fields have a strong bearing in the behaviour of human beings and therefore the existing law cannot be applied without revamping, to suite the life style at all levels . Dissimilar things cannot be treated as one for equal justice. It will not be out of place to say that the youngsters of today with their bodily and mental development can become parents at the age of 16 or 17!. If that be the case they should not escape under the shadow of the prevailing juvenile treatment as punishment to such disastrous game of butchering a young girl under duress. The legal authorities may deal with the cases according to the merits & Demerits. Otherwise we may be digging our own grave for a “Mass Burial

Abraham Philip

ATTROCITIES AGAINST WOMEN

INCORRIGIBLE CRIMINALS & INEFFECTIVE PUNISHMENTS?

The daily news on atrocities to women folk irrespective of age groups are on the rising trend and the efforts to curb such evil doings are not found effective..

Recent rape case and followed torture of a young lady in the Capital city is the glaring example of the prevailing lawlessness in this country of ancient IRSHEES and Godly men.. Why such inhuman and beastly behavoiur by our youth of today?. Are we failing in our Endeavor to administer peace and tranquility in life to the people of the free India?. The moral values of life have been lost in the social network and particularly the youngsters run amuck seeking short cuts to sexual pleasures by any means!. 

 To a great extent the modern life style and the communicating media like, Cinema/TV contribute towards the degradation of this generation to such a low profile. Wild animal instinct is being nurtured by many youngsters educated or otherwise. The control over them by the parents and the teachers are lost and the youngsters have drifted off beyond retrieval.. THE PRESENT GENERATION HAS GONE TO THAT EXTENT TO BEHAVE LIKE BEASTS IN PUBLIC PLACES. EVEN THE BEAST HAS SEASONAL APPROACH TO SEXUAL ACT.

Where the remedy does lie? The men in authority are slack in their attitudes and expressions to “bring to books” the culprits who do crime almost regularly and disrupt the social fabrics and create DENTs which cannot be mended easily. Now what is holding up the officers & administers to act according to the law of the land and punish the evil doers within the shortest time to eliminate further damage?. Yes there will be difficult situation to deal with particular cases and to apply the correct solutions as the present “Political front” will act in dissimilar directions due to hidden motives and interests..

Once the seriousness of the crime is established and the criminal is apprehended then the course of action must be fast. Timely disposal is the essence of any criminal or civil case which brings down the morality of the people. Unless fast track decisions are taken we will “Dig our own Grave” soon and ruin our society beyond REDEMPTION!

My suggestion for punishments for such heinous crimes is:-Either or

1.     Isolation of the accused from the society in a secluded place

2.     Keep him/her in single cell for life till natural death

3.     RI for life till 70 yrs and release under watch

 I would like to have your views on this subject matter.

Abraham Mangalath Philip

RESERVATION IN SERVICE

                                        RESERVATION IN SERVICE CADRE

The recent bill passed by the parliament for reserving the “right of promotion” to higher ranks for the economically backward classes seems to be a hasty decision without going through the social implications in the service cadre of the employees belonging to other categories.

The entry to the Government or other departments can be liberalized for the lower income group/ scheduled castes/tribes etc by giving monetary support & free education so that they may be brought into the main stream. But once they are given this privilege and brought in the service cadre, no other social status, except efficiency and good service records must be taken into consideration for future promotion to appropriate posts.

If the future promotion also is granted on social and economic status, then the scope of improving their “social bearing” will not take effect and these categories will continue to remain in the low-profile and there will not be any genuine efforts from them to improve their output, as they are ensured security and promotion irrespective of efficiency in their job.

Such kind of discrimination in service will trigger unhappy & wrong signals in the minds of all other categories which will ruin the whole system of Governance indirectly and retard the progress of the State in its onward march towards economic & social growth, matching with the increasing population. Also ill will and hatred will increase within the employees, thereby tilting the equilibrium of the working of the departments..

Unless a competitive spirit is kindled in the minds of the employees in the prospects of their service, well we may be in a disastrous situation in the coming years.

These are my personal views on the possible disharmony amongst the employees of Government & other Departments/industries etc..

Abraham Mangalath Philip IRSE (Retd)

POLITICAL ADMINISTRATION

                 GROUPING OF POLITICAL PARTIES WITH DISSIMILAR IDEOLOGIES!

In our Indian Democracy we have many political parties with different policies & ideologies. Whatever may be the political policies, the ultimate aim must be to take the Nation forward towards Social/Economical/financial growth for the betterment of the people. But presently we see that the parties want to excel in their political activities and in that process promote rivalry amongst the other political denominations resulting in the slowing down of the progress of the country in all fronts. 

Therefore to achieve the target or goal, grouping of parties of dissimilar ideologies will always create chaos in fulfilling the demands of the common man by the Government. This state of affairs is mainly due to the non synchronization of the policies of different parties, to work in resonance for a common purpose.

To tide over this political stalemate, the leaders of the parties must evolve a desirable feature in the government machinery. To achieve this, the elected representatives belonging to different groups must sit down together and nominate their leader and associate officers for the formation of the Government. Here, the importance is to be given to the ability of a person irrespective of party feelings, considering all the elected people at par in the Parliament/Assembly.  

This method of joining together as one body or UNIT in the Parliament or State Assembly will eliminate all differences, as everyone is for the common GOAL of Administration. During the spell of the government, decisions will be taken after deliberations and discussions in detail considering the merits& demerits of the subject matter on the particular issue and accept/reject as the case may be. This system of administration is similar to the organizations like, YMCA/LIONS CLUB/SOCIAL SERVICE etc where the intention is to SERVE and not be SERVED.

I am sure that such change over will definitely eliminate hatred and introvert feelings from public servants and will instill unity in action in the minds of the elected representatives.

Abraham Mangalath Philip