Is Our Freedom Secure?
(Article in Sade Lok, Punjabi Weekly Published from California, Aug 28-Sep 4 Issue)
After Nirbhaya episode, the laws enacted have become perilous. Many innocent people are trapped because of misuse of laws that are unclear. More emphasis is being placed on the statement of the woman instead of the medical report. In 2012, 46% of the accused were proved innocent, this number reached 75% in the first 8 months of 2013. In 90% of the cases where the accused were innocent, the personal rivalary between the so-called “victim” and the accused was the cause of making accusations. Are the citizens of the country secure and free when such laws exist?
Statistics tell us that the Anti Dowry Act has become a tool used by estranged wives for taking revenge. As per the law, when the woman complains against the husband, all his family including parents, sisters and brothers are put in jail, it does not matter whether they are proven innocent later. Charges are pressed in court in 93% of the reported cases but the conviction rate is 18%.
Currently 3,72,703 cases are pending out of which the accused will be acquitted in 3,17,000. Without any evidence, even before any charges are substantiated, many innocent people have been put in jail because of the provisions in such laws. Their lives are destroyed because of this. Are the citizens of the country considered secure and free with the existence of such laws?
Mr. Rajeev Jay Chairman of ‘Co-ordination council of All Bar Association’ states that the women and the parents or relatives of the minors themselves are misusing the sexual abuse laws such as POCSO. It has also been found that in many cases, girls abscond on their own and when discovered, level false allegations of sexual assault and kidnapping at the behest of their parents or relatives. Renowned Ex. Justice of the Supreme Court of India Shri Krishna states that ‘In the new rape laws, there have been such changes that are overly excessive, and very harsh.’
Are the citizens of the country considered secure and independent with the existence of such laws?
Laws to protect women have become a danger for them 2 member bench of the Supreme Court has said quoting the National Crime Records Bureau that ‘About 200000 people were arrested under the Anti-Dowry Law out of which 25% were women. Every year about 80,000 women are jailed out of which a vast majority are proved innocent.' Are the rights and independence of women secure in deed?
Anti-Rape Laws are being grossly abused. Delhi High Court has said that cases have been found where women are misusing the harsh laws pertaining to rape. Justice Kailash Gambhir has said that “Clearly they are fooling the justice system’. The bench said “The court need to ensure that the rape case is not fraudulent.” Women especially those of younger age are being let go off their jobs because of fear of false persecution under rape laws. Women are being used to destroy the fabric of family ties”
Indian Government needs to revise such laws that are severe societal disturbances and destroying family relationships. Criminals and Innocents both are being treated in the same way!
It is imperative that the Government of India make the required changes in these laws.