NIRBHAYA .. A Case for Introspection -2 by KS Raghavan SignUp
NIRBHAYA .. A Case for Introspection -2
Dr. KS Raghavan Bookmark and Share

A few days back I expressed my views on Nirbhaya saga which culminated in hanging of four convicts on 20th of March. The article first focused on the time line spanning seven years and three months starting from the day of crime. The time line is summarised in the figure below for easy understanding.

Following the crime there have been four major events and four different action items. The last two paragraphs of the article focused on the action items C and D in the above figure with emphasis on seventy two months consumed by these. This article is written to throw a little more light.

Supreme Court took 38 months to uphold the verdict of High Court. I am not competent to question the reason for what appears to be long duration. But I repeat my comment in the earlier article and state that the Supreme Court could have possibly expedited. The case could possibly have got a little more priority giving due consideration to its sensitivity.

The last action item had to deal with Review and Mercy Petitions. Mercy petitions are answered by the President on the recommendation of the Home Ministry. Possibly the Home Ministry took more time than necessary. An added complexity was that there were four convicts and the lawyer chose to file one petition at a time. The prevailing law is also that all four had to be hanged simultaneously. Exploiting some of the clauses, even the president’s decision was challenged. All these amounted to inordinate delay in execution of the death sentences. The actual date of hanging was actually the fourth one set for execution. The first three had to be cancelled due to legal causes. Home Ministry and the Ministry of Law and Justice may, in public interest, review the various clauses of criminal law. The purpose is to reduce the time between Supreme Court verdict and the actual execution.

Finally I wish to state that hangings took place on March 20 because of the urgency shown by the agencies concerned during last several weeks. Widespread public outcry was partly responsible for these swift actions. But more importantly credit goes to the parents of NIRBHAYA, particularly the mother Asha Devi, who made no secret of their displeasure and unhappiness over the delay.

Today all that matters is the NIRBHAYA got justice. 

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Comments on this Blog

Comment Hi Vinod, Thanks for your observations. Your points are all valid and need to be addressed. However they are a bit outside the purview of my article which is centering around "delayed justice". Regards.

Dr. K S Raghavan
04/09/2020 22:37 PM

Comment Beside the legal legerdemain ( all permissible under the existing laws) the ethical moral and social questions arising need some deeper thinking.
Is the capital punishment ethically repugnant to a modern enlightened society?
Why and how a young morally impelled to inflict rape on a hapless young girl?
Are there any social remedies?

I believe
A.1. It is by now well established that most young girls are molested by relatives and the parents suppress these events "log kya kahenge" . Young girls learn to be submissive If on the other hand, parents were to confront the perpetrator however powerful or munificent to the family, the girls will learn to resist.
A 2. Girls also be encourage to take on physical training including defensive arts/ martial arts.
That should reduce incident of rape drastically

We also have to tackle and provide outlets for the 'hormonal energies of the young male.
Legalized prostitution will offer some succor.

Vinod Dhall
04/07/2020 08:41 AM

Comment Rightly said Mr. Mishra. Thanks for your observations.

Seven years in a highly publicized case which shocked the nation is a bit hard to swallow. One can imagine what would be the fate of normal cases. Hope this case will prompt the authorities concerned to bring about revisions.

All said, I still see a silver lining. Death for four culprits for offence against a woman will hopefully a deterrent in future.

Dr. K S Raghavan
03/30/2020 01:36 AM

Comment Justice delayed is justice denied- this saying appears to be apt.
I feel we all are competent to question the delay in higher courts- it is our right. Imagine the cost of such delays and we need to ponder as to who benefits from such delays. Definitely it is the lawyers- they get their fees for every hearing. One hopes systemic improvements come around from this delayed justice.

N C Mishra
03/29/2020 09:12 AM

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