Quest For A Better Judgment

27 months in a juvenile home!! 

That was just what the trial court afforded to give to the rape accused in accordance with the Indian law. The reaction that spilled out was as expected that of extreme anger and disappointment. The fury among large swathes of people is legitimate. The accused who allegedly violated the victim’s body with a rod, in any circumstance deserves to get a bigger punishment. Simply because he was 7 months younger than 18 doesn’t justify his inability to understand the moral quality of his act and comprehend its ramifications. What could have those priced and decisive 7months brought for the boy? Surely his propensity to commit such a heinous crime wouldn’t have changed. But sadly the public and more than anyone else the victim in such cases can only lament about the shortcomings and inadequacy of the Juvenile Justice Act.

27 months is a mockery of justice. It fails the bravery of Nirbhaya and those numerous girls and women who were unfortunately raped by a juvenile. The law sadly seems more concerned about the future of the accused rather than the victim. In India, a rape victim not only endures physical injuries but also fights the mental and emotional battle flagged off by the crime and our very own insensitive society. In such cases, her perpetrators being meted out with stern punishment can do wonders for her fumbling confidence. On a broader view it will act as an alarming deterrent for other probable perpetrators and thus instill higher confidence among the currently targeted female population of the country. The court cannot always seek JJA (Juvenile Justice Act) for every crime committed by a below 18. What if someone who is convicted under POTA or TADA is found to be a juvenile? Obviously punishment of 3 years in a reformatory home no ways commensurate with the gravity of such crimes committed. 

The benefits can even be exploited by criminal masterminds in scouting conduits under the age of 18 to carry out serious crimes. Such premeditation and planning (even under someone) clearly indicates the person’s maturity of understanding. 

The law getting stuck with age can be a big letdown and can undo much awaited thoughts of justice in such cases. A finer judgment is what is required. If this very thing called judgment is missing then what’s the purpose of a judge and a court. Law is for people and not the other way around. Although being the tougher path, the case by case approach needs to be incorporated. When heinous and horrendous crimes are at stake, the law simply shouldn’t work on a default formula. Brutality, depravity supported by appropriate forensic investigation needs to be used to judge understanding of an accused. In the current age of technology and all sorts of exposure where a child matures much faster, the boy in question needs to be scanned by law in accordance with his mental and intellectual growth. This has been proposed by many and is the best I can agree to. 

Setting a standard age threshold can be highly unjust for coping with each and every case. Any age for purpose of fixing criminal liability is a disputable proposition. The annoying, yet decisive thin line separating 17 and 18 will remain the same even between 15 and 16 if the age is lowered to 16 (the previous age bar in India). Thus keeping such disputes aside, the heinous crimes definitely call for a finer judgment.

Even if the age of discretion remains 18, the test for age of an accused is a highly dicey issue. School or birth certificates often carry a false date of birth. Bone ossification test is able to predict age to plus, minus a few months and the law takes the lower end of the range. Such uncertainty lends those few months which gets cashed in by the accused. 

Giving 3 years in a juvenile house for amending a juvenile fails on two fronts. Firstly, the reformatory homes are themselves inadequate. Callous attitude of officials and lack of oversight mar these institutes. They continue to be clouded with depressive feeling and thus do no good to a juvenile arrested. The maltreatment faced in process makes the boy a more hardened criminal or at least a defeated, lost human being, thus failing the very thought process and concern of the juvenile act. Secondly, does 3 years buy him enough penance? And most importantly will the society allow the reintegration of the boy with the mainstream, given that he went through just 3 years for such a dire crime. 

Death penalty would be regressive but 3 years is too less. Many more cases of rape have unleashed the debate of juvenile age. Recently one of the accused in Mumbai gang rape case is said to be juvenile. Seeing the increase in rapes and the role of such juveniles the law needs to be amended. 66.66% of juveniles arrested in 2012 were between 16-18. This can no longer be overlooked. Law needs to take urgent steps to help India regain the trust of its female population.

Often it is contested that the juveniles accused are mainly from poor sections of the society who have been torn by a childhood marred by poverty, illiteracy and abuses. But these conditions are prevalent for criminals above 18. Isn’t it?? Also when the much needed shift of attention focuses a victim one finds many of them too ridden by such a life and the rape horribly adds on to her existing miseries. The sate fails a juvenile both- before a crime and even after the crime. Just implementing the intermediary law strictly without support from right and left in place makes the overall desire for a society with lesser crime, a bleak prospect.

The adage which advises law to wipe out the crime and not the criminal should hold but the law needs to strike an urgent balance between the future of the criminal and the prospect of justice for the victim. 

BAD is NO HERO!!

“Mujhko.... pehechan lo.... main hoon don.....”

Over the years Bollywood has had the craze of coming up with films depicting the character ‘DON’. Stories of few have been fictitious, while few others have very closely presented the actual life of gangsters like Dawood Ibrahim and other wanted mafias. Such films have either focused their love life or their notorious activities or both. Girls dancing, liquor flowing, cigarettes lighted, browbeat song and the don donning black shades with his charismatic personality impressing his close ones and intimidating his ‘dushmans’ is what is shown in these movies. 

But the bottom line is that, the gangsters on whom these are based are criminals involved in numerous murders, kidnappings, smuggling and even terrorist activities. They have blood of many innocents on their hands. Showing their lives in movies in such light implicitly glorifies the daredevilry of such ‘much wanted’ criminals. Stressing on dialogues like ‘don ko pakarna mushkil hi nahin namumkin hain’ are satire on the whole country and its security forces. Although India has failed in getting hold of such underworld dons, quipping on India’s inability shouldn’t be entertained on the big screen. Showcasing them as heroes promotes the growing culture that good is bad and bad is good. Powerful characters shown can often make one desire for such status. But one should remind himself of the antisocial activities which these sociopaths use their power for. 

Any filmmaker has the complete right of expression through his/her film. But they should once spare a thought for the victims and their families whose lives have been unsettled by activities of men depicted in their ‘don’ movies. These gangsters who are well settled outside India enjoy immunity from arrest due to various reasons. Getting to know about such films further mocks the image of India in their minds.

There are numerous inspirational stories and lives which can be portrayed in films. India has seen many heroes in various fields. Many of them are unsung and forgotten. Sharing their life in form of a biopic does justice to their good work. Recently the film Bhaag Milkha Bhaag based on Milkha Singh’s life was one of them. A good cast and a good filmmaking team can make a hit movie from such inspirational stories and simultaneously provide a much needed message to the society.

                                                    Please Bollywood don't shoot DON movies.

A HERO WHICH THE SOCIETY NEEDS

A few days back while skimming through the Calcutta Times (the daily entertainment dose of Times Of India) my eyes stopped on something which was more than just entertainment. The section was basically aligned with an upcoming Bengali movie of Parambrata Chatterjee, but the person on whom the film was based is what interested me. 

It’s more than a year that BARUN BISWAS was killed. But undoubtedly his flame lives on. Not only is he an inspiration for the movie but is also the same for millions who are supporting and striving for a better society. Barun Biswas’s life is worth knowing and revering. Following it to an extent which one can is the next great thing. Surely, being someone like Barun Biswas requires extreme selflessness and sacrifices.  He was a true hero, a hero which the Indian society truly needs.

Barun Biswas, the youngest son of a farmer was a dauntless social crusader who feared none. As rightly described by his father, Barun had nerves of steel!! He had almost single-handedly raised voice against atrocities which the local goons had unleashed in his town –Sutia in North 24 Parganas. Rape had become an everyday thing in the town until he strengthened the people to take a brave stand against it.  Not only this, Barun also ensured the social rehabilitation of the rape victims by fixing their marriages and helping them financially. He taught poor children, bought medicines for sick, coached job seekers and arranged money for many needy families. He even campaigned and prepared a blueprint for the dredging of a canal to prevent flooding in Sutia and nearby areas. This was later accepted by the Government. In his early life he had cracked the West Bengal Civil Service Examination but he eventually made up his mind to dedicate his life for service of the society. 

Whatever he would earn at the end of the month, he would give it to poor families. He spent the least on himself and saved the maximum for the needy. He would even ask his family members to do the same. Barun would happily give his bed for someone to sleep and he would himself sleep on plastic sheets. Like any other unsung hero of our society Barun Biswas too, didn’t believe in advertising what he did. 

But today’s dark society ruled by politics, money and muscle power had already marked Barun for death. But still, as his mother says, Barun never went to back foot despite knowing the threats lingering around him.

July 5^th 2012- Barun Biswas was murdered by sanctioned goons of local MLAs who were badly affected by Barun’s work. A year later Barun’s family is still waiting for justice.

Who killed Barun Biswas?? – the title of the article in Calcutta Times looms in front of us.

Till the day Pratibadi Mancha (a social organization set up by Barun) raises its voice against all atrocities.Agreeing with what Barun Biswas’s mother said, I would quote her words -“Barun chilo, Barun ache, Barun thakbe”.

Can people like Barun Biswas blossom in our Indian society?? 

Surely, if political terror and its aided hooliganism is not stopped then one will be just left revering such great men rather than following them.