इस यातना में तंत्र में
सुधार की आस लगाये देश भर में बलात्कारों के विरुद्ध त्वरित गति न्यायपीठों की
स्थापना के लिये भारत के सर्वोच्च न्यायालय हेतु याचना पत्र तैयार करना उस अनुभव
से गुजरना रहा जहाँ शब्द सीमित हो जाते हैं और मस्तिष्क कोरा!
अंग्रेजी में तैयार
जनहित याचिका (Public Interest Litigation) आप से साझा कर रहा हूँ। आप
इसका उपयोग संशोधनों के साथ या यथावत अपने विवेकानुसार सर्वोच्च न्यायालय या अपने
राज्य के उच्च न्यायालय में गुहार लगाने के लिये कर सकते हैं। मेरी ओर से कोई
बन्धन नहीं है।
_________
हिन्दी भावानुवाद के लिये
एक ब्लॉगर साथी को लिखा है (जाने क्यों अपने को असमर्थ सा पा रहा हूँ)। मैं ब्लॉगर
मित्रों विशेषकर शिल्पा मेहता और अनु सिंह चौधरी का आभारी हूँ जिन्हों ने उपयोगी
सुझाव दिये और पठन के पश्चात संशोधन भी सुझाये।
मैं सतीश चन्द्र
सत्यार्थी का आभारी हूँ जिनसे फेसबुक पर संवाद हुये।
मैं काजल कुमार और रवि
रतलामी का आभारी हूँ, साथ चलते दो चार पग साहस बँधाते हैं। मैं अनुराग शर्मा और
देवेन्द्र पांडेय का आभारी हूँ जिन्हों ने मेरी पहल को अपने अपने ब्लॉगों पर स्थान
दिया।
मैं दिगम्बर नासवा, कौशलेन्द्र, वाणी
गीत, अर्चना, सुज्ञ, दीपक बाबा, अल्पना वर्मा सहित अपने उन सभी ब्लॉगर साथियों के
प्रति कृतज्ञ हूँ जिनकी शुभेच्छाओं और शुभकामनाओं ने मुझे बल प्रदान दिया। मैं सिद्धार्थ
शंकर त्रिपाठी, संजय झा और प्रतिभा सक्सेना का आभारी हूँ जिन्हों ने याचिका में
साथ देने की स्वत:स्फूर्त बात कही। संजय अनेजा और सतीश
पंचम को चैट सम्वादों हेतु आभार।
प्रशासनिक और पुलिस
सेवा के अपने उन ‘अनाम’ साथियों का भी आभार प्रकट करता हूँ जिनके साथ हुये
विमर्शों और जिनके संशोधनों के कारण इस याचिका को वर्तमान रूप मिल सका। वे अभी भी
न्यायमूर्ति वर्मा के पैनल हेतु विधि में संशोधन के सुझावों को अंतिम रूप दे रहे
हैं। इस क्षेत्र में मेरी गति नहीं है।विधि के उन पुराने श्रेष्ठ
विद्यार्थियों का भी आभार जिनसे बातें करना आँखें खोलने जैसा रहा।
मैं उन ‘अनाम’ मित्रों के लिये भी आभार व्यक्त करता हूँ जिनकी हताश करने वाली बातों ने मुझे और दृढ़ता दी। उन द्वारों का भी आभार जो तमाम खटखटाहटों पर भी नहीं खुले।
मैं उन ‘अनाम’ मित्रों के लिये भी आभार व्यक्त करता हूँ जिनकी हताश करने वाली बातों ने मुझे और दृढ़ता दी। उन द्वारों का भी आभार जो तमाम खटखटाहटों पर भी नहीं खुले।
___________
Honorable Chief Justice
Supreme Court of India
New Delhi
Ref.: Petitions against atrocities on women…
rape.
Sub.: Public Interest petition for establishment of
permanent fast track courts across India to expeditiously take up all the old
and new rape cases where crime is self evident, speedy trial and to pronounce
justice in time bound manner and ensure the punishment.
Honorable Chief Justice Sir,
1. I trust
you with this petition to be put before the highest judicial body of the
country. It may not be drafted well and may have numerous flaws but I know your
kindness will take it as a petition and it comes from the trust I have in
you.
2. There
may be numerous executive, legislative and judicial hindrances in fulfilling my
request but I know that in past the judiciary has surpassed all hindrances
in matters of wide public and national interests. The matter I raise here is of
national importance in the sense that it pertains to the dignity of human
beings in general and the whole female population in particular which constitutes
half of the nation.
3. The
petition is in the context of brutal gang rape of a girl in moving bus in Delhi
on 16th December 2012. She and her male friend were brutally assaulted and the violence on
the girl, which resulted in her death, was the most heinous. The incident has
shaken the entire country as is evident from the demonstrations across India.
But, it is and should be
taken as applicable to all the rapes which have happened across country in the
past and are still happening.
4. The
petition is for establishment of permanent fast track courts across India to
expeditiously take up all the old and new rape cases where crime is self
evident, speedy trial and to pronounce justice in time bound manner and ensure
the punishment.
It is also for directive by
the supreme judicial authority to the executive to act on this front whatever required in a given time frame and also for inside changes in the judicial
system.
5. I cannot
go in to the technicalities of the rape cases legally as I am ignorant but I trust
that the supreme authority on the justice understands me. I have not endeavored
to collect statistics as I trust that the Honorable court is aware of the
quantum of the rape cases.
6. The slow
speed and the complicated way with which things move, when left to other
institutions, fail to rouse trust in them on the matter which has become alarming
and demands immediate action.
I trust that the supreme
judicial authority, our Supreme Court, can mobilize all other institutions
expeditiously towards achievement of a common goal.
7. Rape
free society guarantees freedom to women for they can live and roam as fear
free human beings. It ensures equality. Any society will fail to achieve all its
potential if freedom of half of its population is curtailed by heinous crimes
like rapes.
Newspapers and media are
reporting daily that rapes are still happening unabated. Those who have conscience do not indulge in this,
and those who do not have conscience look for chance. Only speedy punishment
can bring fear of law in minds of potential criminals and it can liberate the
people with conscience, of fear of such criminals.
I trust that under the
scenario, only the highest judicial authority of the country can ensure the
delivery of positive results.
8. Rape is
used against the females to crush the very spirit with which they are marching
with raised heads and with the steps in parity and in rhyme with the males, for their own glory as human beings and
glory of the society as a whole, breaking all the shackles and chains of
the past. It is used as a weapon against them by the anti-social and reactionary
forces, who still want them to be veiled in darkness of suppression and
exploitation.
If rapes are not stopped,
it will jeopardize the silent and effective movement of gender equality, which has now base in villages, the
reservoirs of the bulk of population.
9. Fear of
violation of modesty strengthens the traditional reactionaries of the society
who oppose even a slightest hint of gender equality in subtler or crude ways and intimidate the daring parents, who
even go the extent of selling parental properties to send their daughters for
higher education in remote cities. It hampers the primary education of the girl
child also.
10. Rape is
the most lethal weapon of the brute
and totally unjustified dominance of force over the vulnerable. It is lethal as
it kills the morale of victims, it damages the whole psyche of the victims
irreparably and makes the future life of the survivors miserable. It is
against the very basic ethos of the civilized society, where justice of
life is not determined by the jungle laws. It is against humanity and so it
deserves immediate attention, intervention and action from the supreme judicial
authority.
11. Rape is
used against the institution of the family. It is used against the females of
the family even though there is no direct grudge against them. It sucks away
all the spirit of life from a family and floods it with fear.
Since society is
formed of family, the fear factor engulfs the whole society. This fear
contributes to the bondage of the women, who constitute half of
the society, and makes it sick. A
nation constituted of a sick society cannot flourish and cannot keep pace
with the developments which raise the overall living standard and quality of
life.
Having such repercussions,
crime of rape deserves immediate attention, intervention and action from the
supreme judicial authority.
12. Thousands
and thousands of pending rape cases pan India tell enough about the rot
which is flourishing in the society. A sound judicial and executive system
combined to ensure speedy trial and punishment will certainly do a lot in
effect on the arrest of this rot.
Though women form half of the population, they are not so sufficiently organized as to form a single pressure group. They are double sufferers as vulnerable and being forced to remain silent mostly on rape, for it brings social stigma. Under such a scenario, positive steps from the supreme judicial authority will certainly bring desirable changes and will boost morale and self confidence of half of the populace.
Though women form half of the population, they are not so sufficiently organized as to form a single pressure group. They are double sufferers as vulnerable and being forced to remain silent mostly on rape, for it brings social stigma. Under such a scenario, positive steps from the supreme judicial authority will certainly bring desirable changes and will boost morale and self confidence of half of the populace.
13. I trust
that the Honorable court will do the needful but I feel it proper to enumerate
certain points which have come to my mind and have been communicated by some of
my friends also:
(a) Often
FIRs for rape are not lodged in police stations by police. The Chief of Police
Administration should have a mechanism to ensure that the police stations do
lodge FIRs and laws be drafted for action
against those officials who don't do this, not just for negligence of duty, but
as accessories after the fact.
Investigation of rape cases should be taken up
immediately by a Senior Police Officer and should be supervised on daily
basis by the Head of the Police organisation in the city or district. A time
frame may be fixed for completion of investigations.
(b) Strict
action should be there against accused of sexual assault in police stations.
There are reports of further rapes and assault on victims who had gone to the
police to lodge an FIR.
(c) Due to
fear of the tyrants, social stigma and absence of security net; often victims
or families do not come forward to lodge FIRs in case of rapes. There should be
a cell of police, eminent personalities, psychologists, sociologists, lawyers
and NGOs to help them. With collaborative efforts of executive and judiciary
such cells may be a reality. If the Honorable court feels so, these cells may be granted certain
legal powers also.
These cells should be allowed to review progress of
investigation and steps taken by the police to avert future incidents.
(d) There should be at
least one all-women functional police station in each Police Sub-division and all primary education centres should make the
pupils learn its address and have a guest lecture from the police personnel working
there at least once a year.
(e) A code
of conduct should be there for investigators and media which report such
cases. A set of guidelines should also be there so that survivors are treated
with dignity. If it exists, it should be reinforced. they are already there, mechanism should be there for
implementation.
(f) Any person / persons convicted of rape should be
forever banned from contesting elections, even after the completion of the
sentence, whatever the length and intensity the sentence decided for the case
may be.
(g) Use of foreign objects to harm or injure a person
sexually should also be legally treated as rape resulting in applicability of
all the existing and future rape laws, acts, judgements etc.
(h) There should be fast track courts depending on the
pendency of cases in all the states to handle rape cases in time bound manner
and with all the dedicated investigating and other functions solely answerable
to such courts.
All existing and future rape cases where the crime
is self-evident, should be handed over to such courts.
These courts should be empowered to act suo motu
also.
(i) Dedicated information system cells should be
established in Supreme Court and High Courts to monitor functioning of fast
track courts. So also Police Chiefs should monitor progress in investigations.
(j) Pardoning power and scope of the executive heads in
case of rape punishments should be reviewed.
I, as a citizen, constitute 'the
people' which has given the constitution to itself. I am proclaimed in the
preamble to the constitution as ‘We’ and today with that collective spirit I am
before you in the supreme temple of justice asking for the justice.
I have read the preamble. I can understand the word JUSTICE in the present context, though I can't express it eloquently. I have a firm belief that this understanding is universal and with this understanding I am before you demanding justice for half of 'the people'.
I am before you for better half of the people which is mother in lineage of earth, the mother.
I am before you for that half which ensures continuity of life carrying the future of the people in her womb.
I am before you appealing that she does not delay in deliverance of life but justice has been a delayed affair for the rapes committed against her since she carries organs to bring and sustain life on the earth and so is vulnerable.
I am before you to iterate that these rapes are against the life and I know that life is a fundamental right. I am before you for that fundamental right and when I say fundamental, I just know the fundamental beyond technicalities.
I am before you for I know that you understand me.
I am before you to plead with yourself and pronounce that justice must be delivered in a fixed time frame and with all the precision, correctness and effectiveness it deserves for it also links to the mother who delivers timely, effectively and precisely to ensure continuity of 'We the people'.
With prayer to pronounce
judicial order to all the organs of the system for establishment of pan India
permanent fast track courts to handle self evident rape cases, I kneel before
the Honorable Supreme Court and all of its Honorable judges including
you.
