Friday, January 1, 2010

Would Rathore have misused the Draconian Molestation law against Ruchika's brother ?

Had there been a draconian molestation law as has been proposed by the Indian law minister Dr Veerapa Moily , people like Rathore would have surely used it against Ruchika's brother to harass him and then send him behind bars for years just to settle scores.

Everybody who is somebody is now thinking how they can get some mileage from the Ruchika case and this applies from the union ministers to the media . 19 years after the incident the Union ministry has suddenly realized that it has failed to give justice to a girl who had died 19 years back. How about giving justice to Ruchika’s brother who is still alive? His arrest and police torture was clear example of abuse of power to arrest by the police. However the Home Ministry has quietly dropped section 41(A) of the CrPC amendment which would have prevented unlawful arrests just to safeguard lawyers bail revenues even though it was approved by the parliament , president and the law commission and supported by the chief justice .

How can misuse of power by Police and Government officials become a women’s issue ?

Men face most of the brunt of the misuse of power by the police and government day in and day out just like Ruchika's brother did and this time a woman too was victimized by a powerful government official. Had Ruchika been a man there would not have been so much furor and the media would not even have been bothered but since we are all programmed to be react more if injustice is with a woman than a man the country is today boiling with anger on Ruchika's case.
The Ruchika case is not a women’s issue but an issue faced by every Indian irrespective of gender .It is a clear case of the abuse of power to arrest by the police and the misuse of power by the upper echelons of the government. India is a country where the strong dominate the weak and nowhere is this more evident in the upper echelons of Indian Government and politics.High court Judges( Justice Dinakaran ) , Police officers( SPS Rathore ) , Governors( ND Tiwari ) and union ministers( The list is far too long) are all involved in scandals and there has not been a single union minister or Judge or Police officer who has been punished yet in the history of the country. Most of the time the abuse is against men and the country does not care . The trial goes on for years and in the end all that remains is court dates and one fine day the accused dies of old age and the case is closed .We saw the same even in the Bofors case where no one was punished and case was closed one fine day with no punishments whatsoever. The Ruchika case is no different. The girl was molested and Indian molestation laws were strong enough to nab and punish the culprit had it been implemented honestly, however the accused being a senior police officer harassed all the members of the family mercilessly and anyone who dared to support them . Had this been a next door boy who had molested the girl he would have been implicated and would have been behind bars very soon, but since this was a government official things moved differently.

The people of India never trusted its politicians, police or the pace of justice. The Ministers do nothing more than paying lip service. However the people anger has reached boiling point and very soon you might see people throwing stones at courts and judges. The law ministry knows very well that the inept government, the corrupt police and glacially slow justice system is the sole cause of the suffering of the Ruchika’s family and not the weak laws. However the Law Ministry has found a different scapegoat to nail just to pull the wool on our faces. It has now pointed out that the Molestation law of India will be made Non bailable and cognizable. What this means is that the police will not need a warrant to arrest the accessed and the bail will be granted only if the prosecution has no objection to it. By doing this government wants to turn the Ruchika issue into a women’s empowerment issue just to move the lime light from its own inadequacies. It wants to beat the old drum and show that women in India are not adequately protected and making the law stringent will solve all problems. The government however has not recommended a single step to rein in the police and stop the misuse of power to arrest by the police, nor will it take steps to make sure that senior police officers , government officials and ministers do not misuse their power , nor will it take steps to make sure that justice is delivered swiftly. The government believes that making this a women’s issues will pacify the media and the Indians for a while .

Making molestation law non-bailable will increase Misuse and corruption among police ?

We know that more draconian the laws the more they are misused. The moment the law becomes draconian the unscrupulous elements of the society( both men and women ) will start misusing the laws on the innocent citizens. Draconian laws have never been able to achieve its target of reducing crime .They are always used in innocent people with a idea of vengeance . Nowhere have we seen a better example than the infamous Anti Dowry law ( IPC 498A ) which is just what the molestation will become if it is strengthened mindlessly. IPC 498a or the anti dowry law is perhaps the most abused sections of the Indian penal code today with more than 98% of cases filed by women under that section being false. The Supreme court of India has called the misuse of the IPC 498A , “Legal Terrorism “ . The Domestic Violence law although not as draconian as IPC 498A is also misused in about 80% of cases according to judicial officers of courts. The misuse of these laws has caused more than 56000 husbands to commit suicide every year which is twice the number of wives. With this sort of track record of implementation of women’s laws , with this sort of corrupt police and slow and anti-men judiciary it is very dangerous to arm the unscrupulous elements of the society with draconian laws.

Making Molestation non-bailable and cognizable will only increase corruption in the police since now they will pick up anyone on a charge of molestation just for settling scores . It will increase bribes and misuse of power to arrest . Any person( man or women ) wanting to take vengeance on another can file a molestation case( or force a girl to file a molestation case) and put the other person behind bars for years till the case is disposed. This will also lead to increased bribery and police assisted legal extortion of money from the accused just as the case is with IPC 498A . How will the government make sure that the innocent are not cast in the dragnet and there is no misuse of the law? Till date not a single 498A or DV act misuser has been punished.


Instead of creating women’s laws more draconian and camouflage this issue total government disregard for the rights of the common Indian as womens issue look like a women’s issue just to hoodwink the people , the government should work on reforming the police and reining in the police , so that they are not able to torture people like Ruchika’s brother was tortured on false pretexts. Enforce section 41(A) not thinking about safeguarding lawyers bail revenues. Weed out corruption from the police. Make the Judicial system faster so that men and women can get justice faster in any case. Make the laws gender neutral so that men too can get protection from harassment and domestic violence just like the women do. Just inciting the people and blindfolding them will not work for very long Mr Moily.


  1. In a way molestation/women harassment law becoming cognisable(no warrant needed for arrest) and non-bailable(police wont give bail, only the court can) is good, there will be wide-spread misuse, and injustice generally needs to build up to a peak before its reacted upon and curbed!.

    Of course there is an upcoming Cr.PC amendment which says false FIRs will attract jail sentences of up to 10 years, but with our present set-up of police and judiciary who will bell the cat?(who has the balls and will take action against law misusing women!?). See a related post in this line at my blog

  2. Dear Sir/Madam,
    We got Married 05/03/2002, and have a daughter born 09/07/2005. My wife and she’s family given me 498a/34 IPC, FIR NO.276, date 31/08/2009, P.S.: BAGUIATI, it’s not true case, believe me. My wife are engaged/Affair with a boy his house front of my house, all the matters are know every person in my village, and also they given me written about my character. When my wife goes outside form my house near about many vory gold and cash 1.20 lack Indian rupees taken. Not taken my daughter, daughter is now in my house. My wife doing the 498a case’s date 31/08/2009 and I arrest 06/09/2009, court give me bail at 19/09/2009 my 1st court date is 16/10/2009 done. 2nd court date is 04/01/2010 done. Next court date is 07/07/2010at Barashat court. Some proof (20 pcs. s.m.s., picture with the boy and a c.d.) has me about my wife and the boy that they are in illegal relation. Believe me I and my family love much more to my wife. They (My wife family) are very very poor and live in a bosti Address: 70/H/8 Manicktolla Main Road, Kolkata – 700054, Beside 5 Star Club, my mother see 1st time and she arrange my marriage, and Mother told me they are very poor so what? After marriage she is my family member, believe me not a single word is wrong. Before marriage my family not see my wife’s family, now we understand/also see that she’s family are very bad. My wife, she’s family and the boy they are misusing this law. Now my wife’s family understands all the affair matter. But my wife still now not agree she wants to marry to the boy. My wife left our only solitary daughter to me who is 4 years old having severe "Ashtama Disease, depends on INHEALER, here political Hide & seek game is going on & the father of the parents (THE FATHER OF THE BOY WHO HAS ILLICIT RELATIONS WITH MY WIFE) are rich, so they are spending money to everywhere with a view to be escaped. Now I decided that I’m not taken back my wife. I take a lawyer his name Mr. Kamelash Nandi. I don’t know what happened next? Now I went to punishment the boy. If possible please help me. Please investigate the matter and relief/save me and my family. And . My wife given me U/s. 125 Cr. P. C. Case NO.167/2009, date 16/12/2009. 1st Class Judicial Magistrate at Sealdeh. 1st court date is 15/01/2010.
    Dear all of my well wiser,
    Dear friend’s, actually I’m 100 percent victim, so I went to knowing my matter all the Indian and others. I write my matter to all minister in W.B., CBI, CID, Human rights department, Kolkata Police, my nation, all of the news channels, and all press, and many more, absolutely you also, I’m 100 percent victim but no body come to me. My question is why they not come to my house? I screw up to claim that I am as white as snow. Sir, If you don’t brook intervention then our family &especially my small daughter’s life will be ruined.
    I determined that if any reporter / any person come to my house then they know that I am 100 percent victim. And I win the case. I’m Punishment + harassment Without Crime.

    With kindest regards,
    Dipak Kumar Adhikari
    Tegharia(Dhali Para),NandanKanan. P.S.: Baguiati.
    P.O. Hatiara. Kolkata-700059 Email: PH. 9836149983
    W.B. India.