Rape and Sexual Assaults, Dowry Deaths, Crime and False Complaints – Causes, FACTS and Solutions
A. Problem in Short
The most important problem in Crime against Women is low conviction rate and evidences easily being suppressed and no action taken by corrupt Judges, Police and Public Prosecutors. The new time offenders are seldom punished due to which they are encouraged and they subsequently commit bigger crimes and other people around them are also encouraged to commit more bigger crimes.
B. Solution-Drafts in Short
We, common-citizens need to demand and force the CM/PM/ judges to get printed the following laws in Gazette Notification. We should not only elect our netas but also ensure that they work efficiently once they come to power.
All laws will come via TCP (Transparent Complaint / Proposal Procedure) media portal by PUBLIC majority approval
B1. Administrative means to reduce rapes
B1.1. Citizen-Verifiable, Transparent Complaint/Proposal Procedure – So that complaints/evidences are not suppressed
Pathetic condition of common citizens in today`s system – Today, if anyone has any evidence against a sexual assault or a false complaint and goes to a government office to submit them, then after submitting application having evidences, citizens cannot see their own application once it is submitted. And so, it is easy to suppress / destroy evidences as of today.
A simple solution – That is why, we have proposed that citizens should have the option, that if he/she wishes, then they can visit the specified government office, submit the application on a Rs.20 per page affidavit and get affidavit scanned along with voter ID number of the citizen onto PM, CM or any specified website, so that all can see the affidavit without logging-in.
In short, this demand is only of one line that any citizen should have the option to get affidavit scanned onto PM website along with his / her voter ID number so that all can see the same without any need to log-in. Due to this procedure, no official, no media or official can suppress the evidences and applications of commons without the suppressing person being exposed to masses with proof.
See this link for more details
B1.2 Jury trial – For quick, fair judgements.
In Jury system 15 to 1500 randomly chosen citizens decide court cases instead of judges and the jurors change after every case.
Judges delay the cases for ages since they sell out to the rich accused party. The trial of rape must be decided by Jury of 15 to 1500 randomly chosen citizens, between 30 years and 55 years. The Jury members will change after every case. The Jury will be formed by an officer titled as District Jury Administrator who will be appointed by CM and can be recalled\replaced by citizen-voters of that district.
In judge system, handful of judges give all verdicts, where as in Jury System the number of verdict givers is not 12-15 times more but 1000s of times more. How? In judge system, say one judge works for 30 years in his life and give judgments in 100 important cases a year i.e. say Judge gives judgement in 3000 cases in his whole life. In Jury System, the cases will go to some 36000 citizens. So number of verdict givers increase by 36000 times, not just by 12 times !!
So in judge system, corrupt benefit because number of people they have to bribe (via hiring their relatives as lawyers) are few hundred only. In Jury System, the numbers will run into crores and makes it unmanageable to delay the cases or bribe. So solution we propose is to end the judge system, and use Jury System in Supreme Court, High Courts and Lower Courts as well. This will make it impossible for corrupt to bribe their way in courts. Further, Jury System reduces unfairness and corruption in administration and this will reduce sexual assaults and false complaints.
(See Procedure-draft here)
B1.3 Narco Test in Public by Jury approval reduces possibility of false cases – To prove or disprove whether rape was committed, narco tests on rape accused should be conducted in public after Jury has seen reasonable incriminating evidences.
Narco test is a safe procedure where few ml of sodium pentathenol is injected to temporarily depress planning center of brain of person under medical supervision, so that the person cannot reply to questions with planning. Narco test along with other investigations helps to get leads which can help to get evidences. To prove or disprove whether rape was committed, narco tests on rape accused should be conducted in public after Jury has seen reasonable incriminating evidences.
- All rape cases will be tried by Jury and Jury only. The Jury will consists of 25 citizens between 30 years and 55 years of age chosen at random from the district, and at least 13 will be women.
- If the accused himself wants or if 13 out of 25 Jurors deem necessary to have truth serum test on the accused, then the investigating officer will conduct truth serum test on the accused.
- If complainer wants, then and then only, then the investigating officers will conduct truth serum test on the complainer. The complainer will not be asked to take truth serum test against her will unless 13 out of 25 jurors demand narco test.
For details about Narco Test in Public by Jury, Please see this link here
The truth serum test is must is case of rape trials as either party may lie, and evidences often fail to prove use of force or threat. The existing laws require permission of judge for truth serum test and since judges may not give permission, the aggressors often walks away.
So decision of truth serum test should be left to Jurors. The existing law-draft that female’s testimony be taken as final word is flawed and should be replaced with compulsory truth serum test. The means and use of truth serum tests will create a powerful deterrent in reducing rapes in India.
B1.4 Right to Recall over District Police Commissioner for crimes against women and Right to Recall over District Judge for crimes against women :
Due to fear of loosing job and power, 99% of the officials improve their behavior and work and rest 1%, who do not improve their behavior and work, are replaced by better officials.
Every district must have a Deputy Police Commissioner (or DySP) in-charge of crimes against women and women in the district should have right to recall that Deputy Police Commissioner or DySP .
Every district must have 3 judges in-charge of crimes against women, and women of district should have right to recall them.
(Procedure-draft in chapter 22, 7, 3linelaw.wordpress.com)
B1.5 Every case’s daily proceedings should be put on net , after removing names necessary to hide identities.
This way citizens can monitor how slow/fast a judge has been. The judges are fast in cases followed up by media, and slow in all other cases. And media cant follow all cases, and media is after all a paid-media … when accused is wealthy, media often conveniently forgets to follow-up. If all cases’ daily proceedings come on net, then judges slow speed will become apparent.
B2. Technical means to reduce rapes
The following technical means will only be sufficient to prevent sexual assaults and false complaints if the previously mentioned administrative means are in place, otherwise they will fail.
B2.1 Putting cameras at as many public places as possible :
By putting as many cameras as possible, we can reduce rapes as well as molestations such as at bus stands, inside buses and other crowded public places. An example is Beijing. During Olympics, due to fear of terrorism, Government of China installed over one million cameras in Beijing covering every corner of city. The crimes of molestations (as well as traffic violations) reduced. Modi had installed cameras in riot-sensitive public places and in police vans patrolling those areas. This has lead to reduction in riots in those areas.
B2.2 Providing voice linked equipment with panic button to every women :
Every women can be given an equipment which cannot be turned off (unless broken), and the equipment will send the voice around her continuously to some control station. Further, the equipment can have panic button which when pressed will send panic signal to near by cell phone towers as well as police stations.
The location can be obtained using known technical methods. This will enable the policemen to locate woman who is being victimized in least possible time.
B2.3 Providing guns to women and commons:
Women should be allowed and encouraged to keep guns and other weapons with them all the time. No licence should be required for that, only registration should be done for that. And they should be trained to use these weapons etc. After successful training, these women should be given a registered firearm. Initially, compulsory military training for one year after school should be introduced, which should be a requirement for further college education. Later weapons training centers for other citizens can also be started.
There is enough proof that Guns reduce crime and Gun control kills and no proof to the contrary claims. Please see this section D in this link for more details – here
B2.4 National DNA database :
Building database of DNA of all males will be useful in tracking down rape suspects with lower costs and speedily. The fear that you will get tracked down speedily will deter criminals from committing rapes.
C. Problem in Detail and some misconceptions
C1. Delhi Bus Rape –
If one looks at crime-history of main accused Ram Aadhaar Singh in recent “Delhi bus rape” case, one can see that he committed several small-large violent crimes in past and some crimes even got reported. But he got away in all previous cases. This increased his courage, as well as courage of his colleagues and they resorted to more severe crimes.
If courts had been even remotely sincere in past cases, then he (Ram Aadhaar Singh) would have suffered prison sentences of few months to years for past small offenses.
The courts don`t punish small crimes at all these days, unless victim is wealthy and does a follow up. The main reasons being — judges are corrupt, public prosecutors are corrupt and so are investigators i.e policemen. And High Court judges are more corrupt, and only interested in cases which can fetch them money or fetch money to their relative lawyers or fetch them promotions, and do not give a damn about improving infrastructure of lower courts.
The corruption in Law Ministry has further worsened the problem. The Law Minister and IAS in Law Ministry are also not interested in increasing number of Lower Courts and improving their speed, fairness and transparency. And no CM wants to do anything to reduce the delay and disorder in the courts willingly.
C2. Fact as of today, Police is ONLY for the politicians, not for the commons
The activists and commons now have to choose whether they will continue to follow leaders blindly or do something which will empower the commons such as minimal firearms to protect themselves from criminals. Criminals already have guns. Gun laws do not stop criminals from having guns but deprive the commons from protecting themselves.
Police have to only protect the politicians, they do not and cannot protect the commons. While the criminals as of today have AK47s, most of the leaders and their blind followers insist that the commons must not have even desi kattas to protect themselves.
C3. Without Jury system and narco in public by Jury approval, any `strict` law will be a disaster
The corrupt judges, police and politicians will use that law to extort all the wealth or accused, be guilty or innocent.
We MUST hang extreme case criminals or give high punishments, but AFTER Narco-test in public followed by decision of Jury.
We must not allow hanging or high punishments merely because a judge says so. Because over 99% judges in lower court, high court and supreme court are corrupt. If execution or high punishment by corrupt judges is allowed, then these judges via lawyers will extort every penny from accused whether he is innocent or guilty. The judges will promote false case-filing and further rob people left, right and center.
Example – see 498A. In these cases, the judges and relative lawyers literally rob accused, be innocent or guilty and extort 1000s of crores of rupees every year from accused. And in 498A, punishment is only 3 years to 7 years. Imagine, how much money will judges and relative lawyers will rob if sentence is death penalty?
So we should promote strict laws AFTER Narco-test in public by Jury approval and not merely by whim of corrupt judges.
C4. Jury trials are needed for quick justice rather than so called “Fast Track Courts” –
We should have Jury trials if we would like fast and fair trials. Because the jury has ONLY one case, and so case goes on from 10 am to 5 pm with no interruption from other cases. Next we should order MPs via SMS to amend IPC and raise maximum punishment in cases — where (1) violence has caused potentially fatal injuries, and (2) rape is accompanied by attempt to murder — to death sentence.
C5. Morality Sermons without laws and systems to protect the commons will not reduce sexual assaults — The first step for morality in society is to have MORAL LAWS
1. Why we need moral systems today and only sermons on morality are insufficient –
It is said that hundreds of thousands of years ago, there lived super beings like Mahavir etc. in whose presence carnivorous beings became tame. People never used to put locks on their doors, never stole etc., meaning there was perfect morality.
Now, with changing time due to increase in population, change in the genes (gene mutation) and other factors (which is outside scope of discussion of this article), morality in beings began to diminish. Now, when morality dropped below a certain point, the immoral beings started to loot the moral beings. And the moral beings failed to teach morality to the immoral beings.
The immoral beings managed to seize power and occupy top posts by means of favoritism, nexuses, nepotism, hiding of the truth and suppressing the opinions of the masses and making the proofs unavailable to the masses, bodily harm by means of weapons.
So, the moral beings invented MORAL SYSTEMS like protecting themselves with locks on their doors, etc. Because if even 1% immoral beings existed, they formed nexuses and looted the moral beings.
Other moral systems were replacing / punishing the immoral beings at top positions of service in the country by the moral ones (commons) (Praja Adhin Rajaa mentioned in the vedas), other deterrents such as exposure in front of the masses and protection by means of weapons.
So, unless we are able to develop ourselves and morality in ALL IMMORAL BEINGS, we need moral systems. We cannot keep our doors open and unlocked. Also, the moral beings need weapons to protect themselves from immoral beings. There is a need for a system to reduce the nexuses, nepotism, favoritism by means of PRAJAA ADHIN RAJAA, meaning that systems by which the administrators can be replaced/punished by the commons. We call these systems –Right to recall over Censor Board Chairman, Judges, CM, MLAs etc. and Jury trial.
Also, we need a citizen-verifiable procedure by which citizens have option to get scanned and display the evidences etc. as affidavit on PM website along with their voter ID so that the affidavit is visible to all without any need to login. This will prevent the immoral beings from suppressing the evidences given by the commons. We call this system – Citizen-verifiable, Transparent Complaint / Opinion/Proof (TCP) Media Portal
We do not oppose sermons of morality but expecting them to protect the moral beings from the immoral beings is a day dream unless we have methods to reduce the population of the immoral beings of the world to 1% or less, to a critical level where the immoral beings cannot form nexuses to loot the moral masses.
So, the first and immediate step today to have morality is to protect the masses from the immoral beings by means of moral systems- to empower the masses by means of guns/power to punish/replace the corrupt and public to see citizen-verifiable proof submitted by common citizens without the proof being suppressed or manipulated.
Point is that the people can be immoral but the systems can be made moral and just. Are we promoting a moral system ? If not, indirectly, we are promoting today`s unjust, immoral system knowingly/ unknowingly.
2. Today`s corrupt systems give wrong moral education to the citizens — Solution
Today, the citizens learn that even if they do a wrong deed, they can easily get the evidences suppressed and noone will come to know about their bad deeds. Today`s system teaches that influential can do a bad deed and with their connections get away and not be punished and not loose their job.
Today, the witness has to run around in courts for years and years and then also there will be no justice and witness cannot do his duty towards family in such circumstances. That is why very few people get ready to become witness to crimes etc.
Solution is that we need a honest, citizen-verifiable system which gives correct teaching that on doing bad deeds, via TCP media Portal others can show to public the evidences and he will be defamed in society. Via recall procedures, his job will be lost and if Jury system is in place, he will be punished by commons in short time. That is why we must demand and get implemented good systems.
D. Reducing dowry-deaths and dowry-harassment
We propose following changes in prosecuting dowry harassment and dowry death cases :
- All dowry harassment and dowry death related cases will be tried by Jury and Jury only. The Jury will consists of 25 citizens between 35 years and 55 years of age chosen at random from the district and at least 13 will be women.
- If the accused himself wants or if 18 out of 25 Jurors deem necessary to have truth serum test on the accused, then the investigating officer will conduct truth serum test on the accused.
- If complainer wants, then the investigating officers will conduct truth serum test on the complainer. The complainer will not be asked to take truth serum test against her will unless 18 out of the 25 Jurors order narco test on the complainer
E. Reducing sexual-harassment cases in the office
- All sexual harassment related complaints will be tried by Jury and Jury only. The Jury will consists of 25 citizens between 35 years and 55 years of age chosen at random from the district, and at least 13 will be women.
- If the accused himself wants or if 18 out of 25 Jurors deem necessary to have truth serum test on the accused, then the investigating officer will conduct truth serum test on the accused.
- If complainer wants, then the investigating officers will conduct truth serum test on the complainer. The complainer will not be asked to take truth serum test against her will unless 18 out of the 25 Jurors order narco test on the complainer.
- The employers will make an attempt to provide its own phones to employees, and insist that employees do all inter-employee communication using company phones only. The employer may ask phone companies to record all inter-employee communications. The call logs (who called whom at what time) itself may give a hint about behavior to the Jurors.
How will above laws reduce complaints? The fear of narco test will block one from committing crime to begin with.
F. Reducing possibilities of false cases
The narco-test of accused will reduce the possibility of false cases. Further, after narco-test of accused, if the Jurors think that accused is innocent, then they may ask (but not force) complainer to take the narco-test. If complainer refuses or accepts, the Jurors accordingly may decide. And the Jurors may call for a second Jury to decide on the possibility of false complaint.
G. Breaking promise to marry
The prevailing law “approximately” states that if a male has had sex with female by giving promise of marriage, and then he doesn’t keep promise, it is “often” considered as rape. We say the word “approximately” because law and related judgments are vague, what constitutes a promise is not clear.
And we use the word “often” because courts have not been consistent in such cases. Using TCP media portal, we need to enumerate several details on what will constitute a “valid” promise to marry and what should be fine\punishment for not keeping such promise. Of course, the final decision will be left to the Jurors.