Sunday, December 27, 2009

DGP SPS Rathore - Contd

Shame and shun men like Rathore

Swapan Dasgupta

Retired Director-General of Police SPS Rathore must be ruing the day he smirked his way out of court after being convicted of molesting the 14-year-old Ruchika Girhotra, way back in August 1990. Rathore’s satisfaction stemmed from the fact that he had received a token six-month sentence and been fined a laughable amount. Out on bail and pending a decision on his appeal, the retired police chief of Haryana was confident that he would use the all-too-familiar judicial delays to see out his natural life without punishment.

Rathore’s calculations were justified. But the outward show of smug arrogance, captured vividly on TV, did him in. Ordinary people throughout the country were disgusted and repelled by Rathore’s lack of remorse and contrition and the body language of swagger that comes from wielding power. We have all witnessed this swagger in officials who jump queues, the upholder of justice whose minions turf reserved passengers out of their berths on trains and policemen who think that the law exists for private gratification. This week we even had the spectacle of a Raj Bhavan being turned into a venue of some spirited sexual Olympics because a Governor deemed it so.

The only difference is that Rathore took the headiness of power to stupendous heights-molesting an innocent teenager, harassing her family to force a withdrawal of charges, encouraging his colleagues to brutalise her brother and finally driving the victim to suicide. Rathore ruined the lives of the Girhotra family because they had the gumption to protest against his moral waywardness.

Yet, the point to note is that Rathore succeeded because he had the blessings of an Establishment that is so infatuated with power that it lost the ability to distinguish wrong from right. The complaint against Rathore was initially made on August 16, 1990; a departmental inquiry completed on September 3, 1990, held that prima facie there seemed a basis for proceeding against him; yet the FIR was filed in 1999, and that too following a CBI inquiry. In the intervening nine years, Rathore rose to the top police job in Haryana. He even came close to getting a medal for exemplary conduct.

The rise and rise of Rathore happened not because the blot on his character was unknown but because both the political and bureaucratic elite equated the molestation of a 14-year-old with a bit of harmless fun on the side. The sheer incongruity of a child molester turning into the custodian of law and order did not strike the Haryana elite. And that is a social commentary.

Was Rathore turfed out of his club (or at least advised to stay away) because he was a groper? Did he receive any fewer dinner invitations during his service? The social and political elite of Chandigarh should seriously introspect on their own culpability in furthering the tyranny of a pervert. Rathore’s smirk was not the bravado of a beleaguered pensioner; it also reflected social sanction.

What is particularly galling is that even the religiously-inclined authorities of Ruchika’s school had no qualms about facilitating shameful intimidation of the Girhotra family. Those who took vows in the name of god had the girl expelled from school on a technicality. They knew exactly what they were doing and they stand indicted in a court that is far superior to a mere court of law. Maybe, just maybe, the incident should propel the Church authorities to ask whether their institutions serve god or a perverted Caesar. Indeed, it is strange that the question hasn’t been asked so far.

The Girhotra family has been ruined and no amount of belated retribution can help them recover what they have lost. For the country, however, the onrush of indignation may yet serve a function.

There are many Rathores in the system who will wilfully subvert all institutions to get their own way. The bureaucracy has thrown up its rotten apples and even the judiciary has managed its share of the non-kosher. Of politicians, there are few expectations and the real novelty lies in the occasional appearance of decency. As for the media, the ‘paid news’ controversy has indicated that influential sections of the Fourth Estate are plain racketeers.

What can be done to deter the mushrooming of Rathores in both the Government and civil society? To suggest that everyone must follow a moral course is desirable but it is widely known that the ability to compromise (the Indian term is ‘adjustment’) and even look the other way pays handsome returns — far more than the pitfalls of becoming a ‘whistle-blower’. It may be far more effective to combine institutional vigilance with social sanction.

In village India, where there exists a mismatch between the cumbersome procedures of law and perceptions of what constitutes justice, it is common to use social ostracism as an effective punishment. The jajmani system does not operate in a market-driven economy but there is still merit in depriving tyrants and deviants of their proverbial hookah-pani. If Rathore hadn’t been indulged and protected by his brother officers in both the police and the civil bureaucracy, justice may have come far earlier. The identity of these individuals is known and, in any case, will not take too much prying to unearth. The media will be doing a social service if it publicises these names — Om Prakash Chautala and Bhajan Lal are the easy targets — and waits for public disgust to take root.

Will those who helped Rathore and nurtured his career be able to look their daughters and grand-daughters in the eye? Will they not be haunted by the face of Ruchika? Will they continue to live with the fiction that they had nothing to do with her death?


The above is from Swapan Dasgupta, who writes in "the Pioneer"

6 comments:

menseekjustice said...

Give Justice to the ones who are alive first- Ruchika's brother
**************************************************
Hanging one Rathore will not change ANYTHHING . The Police needs to be controlled first .
The arrest of Ruchika's brother was a clear misuse of the power of the police to arrest . In order to make sure that the police does misuse its power to arrest the government amended section 41(A) of the CrPC . The amendment was approved by the parliament , the President of India and also the law Commission . Even then the Home Ministry has not enforced the amendment because enforcing it would mean that the lawyers who earn money from bail revenues would lose that income . It is to be noted that Mr P Chidambaram and his wife Nalini Chidambaram are both very high profile lawyers . They worked to protect the interests of the lawyers and threw the common citizens concern down the drain .Just to protect the bail revenues of the lawyers they played tricks and did not enforce an amendment like this which would have protected the common people from the misuse of police power .

They say big things outside but read more below to find out what they did behind closed doors to derail the amendment .

http://menseekjustice.blogspot.com/2009/12/home-ministry-puts-interests-of-police.html

Eggy said...

I'm a Malaysian who learnt about this outrage here: http://thestar.com.my/columnists/story.asp?col=indiadiary&file=/2009/12/28/columnists/indiadiary/5373311&sec=India%20Diary

Although I know an eye for an eye is not the answer, this is one case that I really wish it could be applied.

- siew eng

jh said...

Despite the public outrage and despite the big talk from politicians now, I am sure nothing much will happen to Rathore. The charges of abetment to suicide, misuse of power, criminal intimidation etc. will be thrown out of court. Even if the sentence is enhanced to the maximum two years allowed as per law, Rathore will serve a token few months to satisfy the public and he will walk free. I am sure that that is what will happen. Media will lose interest after some time like in the case of Aarushi Talwar.

Gurdip Singh said...

Sir,

A person, sitting in the high post, who is bound morally as well as by his duty to protect the and preserve the law and order by all means and who is installed in his office for the purpose and receives salary and other amenities for his job and in whom the public repose its trust for the duty assigned to him by the administration, if he is found guilty, even by a whit, of deviating from his task, he should be severely punished. The former DGP, is guilty not molesting a teenage girl (child molesting) as has been convicted by the CBI court, he is guilty of molesting his office, the police force, the law and administration. Had he been fair and cooperated with the law, it would not have taken more than 19 months to come out either clean chit or convicted and like a law abiding citizen, he should have faced the same sentence as now with a bit of remorse and submitted before the law. But he was clever far beyond; he toyed with the things and parried the very basic question for full nineteen years, fooling the public as well as law and evaded and avoided the justice obstructing its course by hook or by crook.

He is guilty of every thing, his office, his vow, his training, his teachers, his schools, his college, his family, his friends, his wife, his children, the very society in which he was allowed to achieve his goals, his friends and colleagues, the whole police force, because he cheated them all, their hopes, their aspirations and expectations as of him as the protector and preserver of law and justice. He has nurtured a strong wolf within himself and nourished his ego. The smile on his face was not that of braving the law but of befooling the system. Any extreme punishment will be too small for him. The government and the system as a whole should make necessary changes in the law and delivery of punishment and hasten the process. The society should get rid of such hungry wolfs the sooner the better. Make a case for the rest to follow dreadfully.

Gurdip Singh Bhamra
Jalandhar

Idiot Indian said...

Nothing will change in India, thanks to JL Nehru. His favourite political appointees seemed to be those who equated him with God and in return he always looked the other way. Remember the 1962 War, BK Nehru and Krishna Menon along with the Jeep Scandal that set the pace for India.

The only way to control the Politicians and Beaurocracy is to have Honestocracy for these 2 classes of people. Hang them if they are found to be dishonest. Once about a dozen are hanged the whole country will change.

Karthik Gopalakrishna said...

This is a well written blog about this sordid episode. I am usually not shaken, but this whole episode makes me boil inside. If Rathore is what we all think he is (the evidence does point in that direction), I wish him a very long and unhealthy life filled with suffering. Death would be a get-out-of-jail for him