Legal infrastructure .. &*^&*^%^&

Fucked up is probably the least thing to say, about the mentioned title's status in India!

With the latest rape victim case just proving the case once again.

So many rapes, gang rapes, blatant violations of the basic human rights .. sorry, I guess the word "human" is no longer relevant to our society. We are animals in a human form... not sure if even that sentence is correct.

Every one understands that this is another story line, which will die out soon. Time and again, they keep happening, and now we are looking at some solutions to hasten the punishment process or the so called justice. 

What justice are we referring to. What are the cases which actually have given justice in time to the petitioners in India. 

The biggest problem behind rapes, gang-rapes or any crimes is the devastation of the legal infrastructure in India. All contracts can be violated, all crimes can be exempted, all criminals can be pardoned.. then what justice and what legal system are we looking at.

I am scared of going to a police station because of an absolute misbehavior that a police man did with me. I never want to get in contact with them. I end up in some litigation, I know that the best thing is to settle it even before approaching the police.

And again, the excuse is ... poor police what can they do, when even their hands are tied up in many instances. And all the fingers stop at the members of the parliament sitting and dictating terms. Can we assure the police that they will not be transferred even if they handle a particular case as per the rules of the book. Oops, "the rules of the book" .. here is the actual major culprit.

Every one of us understands that the courts operate as per the Indian Penal Code (IPC), which was construed in 1862. Yes, you read it correct. The Indian Penal Code adheres to the standards set in 1862. And, as is the case with our constitution, even the Indian Penal Code has had multiple amendments. But look at some of the important sections and their amendments .. Section 375, 376. These are the sections that deal with Rape as a crime. Awesome, we have a dedicated section for Rape. Very well thought. Now, let us look at the definition and the crime.

Section 376 in The Indian Penal Code, 1860

376. Punishment for rape.--

(1) Whoever, except in the cases provided for by sub- section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which case, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both:

1. Ins. by Act 18 of 1924, s. 4. 2. Subs. by Act 43 of 1983, s. 3 for the heading" Of rape" and ss. 375 and 376.

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.

(2) Whoever,-

(a) being a police officer commits rape-

(i) within the limits of the police station to which he is appointed; or

(ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or

(iii) on a woman in his custody or in the custody of a police officer subordinate to him; or

(b) being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or

(c) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women' s or children' s institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or

(d) being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or

(e) commits rape on a woman knowing her to be pregnant; or

(f) commits rape on a woman when she is under twelve years of age; or

(g) commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years. Explanation 1.- Where a women' s is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub- section. Explanation 2.-" women' s or children' s institution" means an institution, whether called and orphanage or a home for neglected women or children or a widows' home or by any other name, which is established and maintained for the reception and care of women or children. Explanation 3.-" hospital" means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation.

The Summary is, as per section 376 (2) (g), a person can at max, get a crime of 10 years or fine. And the fines are defined as per the 1860 rates!!! Excellent. And the amendments are only done to the definition of the sections. Not to the punishment at all.

So, if I commit a gang rape in India, I can get a maximum crime of 10 years or fine or both. And if I say that I committed the crime in a state of inebriation, the punishment would be much lesser. 

Did you even observe, if a man commits a rape on his wife, the punishment is less than 2 years or fine. Wonderful!!

With such petty punishments, which can be easily circumvented what kind of legal infrastructure are we looking at. I will try and speak more about it later. Iam simply aghast. Instead of lambasting one another, why cannot we have better implementation of the legal system. Till that time I'd remain scared of going to Police Stations and the crimes would go unabated. Fucked up systems in messed up state!