Prod on rape axe on MPs

R. BALAJI

New Delhi, Jan. 4: The Supreme Court today sought the response of the Centre, states and Union territories on a raft of pleas, ranging from fast-track rape trials to disqualification of lawmakers accused of rape.

During the hearing of the two public interest litigations that contained the dozen-odd pleas, a two-judge bench orally observed that it could not entertain the prayer for disqualification of tainted lawmakers.

However, the official order later uploaded on the court website showed that this plea too was part of the notices issued.

“Disqualification of MPs/MLAs is not our issue or job. We will issue notice on the limited question of setting up fast-track courts,” Justices K.S. Radhakrishnan and Dipak Misra had told the counsel for petitioner Promila Shanker, a former IAS officer.

“What are our powers? Such a sweeping direction (for disqualification) cannot be sought for. We can’t issue such a direction.”

Some of the petitioners’ demands on which the court issued notices:

1.Direct states to restrict both the print and electronic media from telecasting and publishing obscene pictures/photos of women

2.Compile a national register of convicted sex offenders as well as registers of those convicted of other heinous crimes and circulate these among all police departments and enforcement agencies

3.Set up fast-track courts in all states for rape cases

4.Disqualify MPs and MLAs charged with rape and crimes against women and children

5.Implement all pending police modernisation projects and fill vacancies

6.Sack police and government officials convicted of rape or other heinous crimes against women and children

7.Start a national toll-free helpline for rape victims and welfare centres for children of rape victims

8.Draw up a national register of enlightened citizens who may voluntarily take responsibility for curtailing such social menace and crime prevention (they will assist victims)

9.Direct states to build adequate judicial infrastructure and appoint additional judges, if needed, for speedy trial of all criminal cases

10.Lay down judicial norms for speedy trial of criminal cases and compulsory compensation for rape victims

The court told Shanker’s counsel: “In your prayer, you can also ask for action against the investigating officers if they are not found up to the mark.”

The other petition was filed by social activist Omika Dubey.

When additional solicitor-general Rakesh Khanna said a panel headed by former Chief Justice J.S. Verma had been set up to review the rape law, the bench retorted: “We are not concerned. We are concerned with the fundamental rights of the citizens. They (the commission) can’t take away our powers.”

The apex court had recently asked high courts to see that rape trials under their watch were completed in two months.

At last the Supreme Court is moving in the direction I have been asking, thanks to two women Promila Shanker, a former IAS officer and Omika Dubey.

While all the points raised above are important, I would like them to concentrate on a few mentioned below.

Point 1 - Even reputed papers like te Telgraph and The Times of India put pictures of semi-clad women on their magazine section. I have pointed out my displeasure to these papers ealier but they continue just to increase their circulation.

Point -2.

Why national register of only sex crimes criminals. Why not all criminals from an ordinary pickpocket who graduate to become robbers then extortionists then thugs and dacoits.

I would suggest, any one booked for any crime and taken to a police station should be profiled.

All government servants and people working in the organised sector should be profiled. Any person taking any benefit from the government like ration card, gas connection etc. should be profiles.

We should be able to find out from finger prints as to who has committed the crime.

Point 4 - Existing MPs and MLAs having any taint against them of any serious crimes like robbery, smuggling, adulteration of food and medicine,extortion, kidnapping, dacoity, rape, murder, terrorism should be suspended as long as they do not clear their taint. In a nation of 120 crores, surely we can find a few thousand honest people who can rule the country. Why do we have to fall back on these criminals.

In subsequent elections, nobody having the above qualification should even be allowed to stand for elections.

If the election Commission and the Judiciary work in tandem, I am sure this can be done.

The President of India can play a vital part in this if he stops thinking himself a politician and a Member of the Congress Party.

He would be remembered by future generations of having cleaned up our politics. Our corrupt politicians would never do this themselves.

Point 5 - Should be implemented.

Point 6 - The same rule as applied to MPs and MLAs as mentioned in point 4, should be applicable to all government officials, including the police.

Point 10 - Judicial norms for Speedy trials should be put into place in all criminal cases mentioned in point 4, where government officials, MPs and MLAs are involved. They should remain suspended, without wages, for the period of suspension so that they do intentionally delay their cases by seeking adjournments and threatening and bribing witnesses.