Friday, September 23, 2011

It was nice to read the article in today Prajavani on the wide spoke topic the death sentence, the analagi given by Shri Chandramouli which starts like this "ನೀವು ದಾರಿಯಲ್ಲಿ ಹೋಗುವಾಗ ಒಬ್ಬಾತ ಕುರಿ ಕಡಿಯುತ್ತಿ ರುವುದನ್ನು ನೋಡುತ್ತೀರಿ. ನೀವು ಸಸ್ಯಾಹಾರಿ ಆಗಿದ್ದರೆ ಅದು ನಿಮಗೆ ಸಹನೀಯ ಆಗದೇ ಇರಬಹುದು. ಮಾಂಸಾಹಾರಿಯಾಗಿದ್ದರೆ ಏನೂ ಎನಿಸುವುದೇ ಇಲ್ಲ. ಆದರೆ ಮನುಷ್ಯನೊಬ್ಬ ಒಂದು ಮಗು ವನ್ನು ಸಾಯಿಸು ತ್ತಿದ್ದರೆ..? ಇದನ್ನು ನೋಡು ವುದಿರಲಿ, ನೆನೆಸಿ ಕೊಂಡರೇನೆ ಮೈ `ಝುಂ` ಎನ್ನುತ್ತದೆ. ಇದೇ ಅಪರೂಪದಲ್ಲಿ ಅಪರೂಪದ ಪ್ರಕರಣ". Then its goes on to set an agenda and says " `ರೂಲ್ ಆಫ್ ಲಾ` ಉಳಿಯಬೇಕಿದ್ದರೆ ಮರಣದಂಡನೆ ಶಿಕ್ಷೆ ರದ್ದಾಗಬಾರದು. ಇಂತಹ ಒಂದು ಶಿಕ್ಷೆ ಚಾಲ್ತಿಯಲ್ಲಿ ಇದ್ದರೆ ಒಬ್ಬ ಕೊಲೆಗಾರ  ಕೊಲೆ ಮಾಡುವ ಮುನ್ನ ಎರಡೆರಡು ಬಾರಿ ಯೋಚನೆ ಮಾಡುತ್ತಾನೆ. ಇಂತಹ ಶಿಕ್ಷೆ ನಮ್ಮಲ್ಲಿ ಇದೆ ಎಂದು ಗೊತ್ತಿದ್ದರೂ ಕೊಲೆಗೆಡುಕರ ಸಂಖ್ಯೆಯೇನು  ಕಡಿಮೆ ಆಗಿಲ್ಲ. ಆದರೆ ಗಲ್ಲುಶಿಕ್ಷೆ ಇಲ್ಲವೇ ಇಲ್ಲ ಎಂದಾದರೆ ನಮ್ಮ ಸಮಾಜ ಯಾವ ಮಟ್ಟ ತಲುಪಬಹುದು ಒಮ್ಮೆ ಯೋಚಿಸಿ." The Justification Mr Mouly give is some thing very interesting, which says "ಅರಬ್ ದೇಶದಲ್ಲಿ ಸಾಮಾನ್ಯ ಶಿಕ್ಷೆಯೇ ಅತ್ಯಂತ ಕ್ರೂರವಾಗಿದೆ. `ಕಣ್ಣಿಗೆ ಕಣ್ಣು, ಕೈಗೆ ಕೈ` ಎನ್ನುವುದು ಅಲ್ಲಿಯ ರೂಢಿ. ಒಬ್ಬ ಕಣ್ಣು ಕಿತ್ತರೆ, ಅಪರಾಧಿಯ ಕಣ್ಣು ಕೀಳುವುದು, ಕೈ ತುಂಡರಿಸಿದರೆ ಅವನ ಕೈಯನ್ನೂ ಕತ್ತರಿಸುವುದು, ಅತ್ಯಾಚಾರ ನಡೆಸಿದರೆ ಮರ್ಮಾಂಗವನ್ನೇ ಕತ್ತರಿಸುವುದು ಇತ್ಯಾದಿ ಪದ್ಧತಿ ಜಾರಿಯಲ್ಲಿ ಇದೆ. ಅಷ್ಟೇ ಅಲ್ಲ. ಆದುದರಿಂದ ಅಂತಹ ದೇಶಗಳಲ್ಲಿ ಅಪರಾಧ ಮಾಡಲು ಜನ ಹೆದರುತ್ತಾರೆ. ಆದರೆ ಅಂತಹ ಕ್ರೂರ ಶಿಕ್ಷೆ ಭಾರತದಲ್ಲಿ ಇಲ್ಲ. ಇರಲೂ ಕೂಡದು. ನೇಣು ಹಾಕಿ ಸಾಯಿಸಲಾಗುತ್ತದೆ." Mr Mouly's example of taking Arab country its extremely contempt, when we talk about the Arab Contry we say how punishment's are given and we compare that we are lacking behind in giving punishment for the offence which happen in our country. If i ask are we ready to loose our freedom which we enjoy under our constitution? forget this, has the crime in Arab stopped or reduced? if not they why do we take such example as model? don't we do injustice for our self and also to the country like Arab where number of people with in themselves fighting for their rights and proper implementation of law not like what is being implemented now? if one personally ask me this is completely unacceptable. Mr Mouly in his article counter the people who are opposing death sentence, and says "ಮರಣದಂಡನೆಗೆ ಒಳಗಾದವ ಆತನ ಕುಟುಂಬದಲ್ಲಿ ಒಬ್ಬನೇ ದುಡಿಯುವವ ಆಗಿದ್ದರೆ, ಅವನ ಸಾವಿನ ನಂತರ ಕುಟುಂಬವನ್ನು ನೋಡಿಕೊಳ್ಳುವವರು ಯಾರು, ಅವರಿಗೆ ಯಾರು ಗತಿ ಎಂಬೆಲ್ಲ ಪ್ರಶ್ನೆಗಳು ಮರಣದಂಡನೆ ವಿರೋಧಿಗಳದ್ದು. ಇದು ಒಂದು ಮುಖವಷ್ಟೇ". For that he say further, "ಆದರೆ ಆತನನ್ನು ಬದುಕಲು ಬಿಟ್ಟರೆ ಅದರಿಂದ ಎಷ್ಟು ಕುಟುಂಬಗಳ ಬೀದಿ ಪಾಲಾಗುತ್ತವೆ ಎಂಬ ಇನ್ನೊಂದು ಮುಖವನ್ನೂ ನಾವು ಪರಿಗಣಿಸ ಬೇಕಾಗುತ್ತದೆ." actually i have a question over there recently we were discussing no this issue with few of our friends, How do we respond to the incident like Bombay (26/11) or even Rajiv Gandi killing, these are the people who are trained to die and some people were told that if they die for religion they will get some thing special treatment in the heaven, does the death sentence is answer.    It is equally important to see a comment by Justice Ravi B Nayak said in the same paper he says "ಜೀವ ಕೊಡುವವನು ದೇವರು. ಅದು ಮನುಷ್ಯನಿಂದ ಸಾಧ್ಯವಿಲ್ಲ. ಹಾಗಿದ್ದ ಮೇಲೆ ಜೀವ ಕಸಿದುಕೊಳ್ಳಲು ಅವನಾರು? ಹೀನ ಕೃತ್ಯ ಮಾಡಿದಂತಹ ಸಂದರ್ಭಗಳಲ್ಲೂ ಗಲ್ಲು ಶಿಕ್ಷೆ ಕೊಡುವುದು ಉಚಿತವಲ್ಲ. ಅಪರಾಧಿಗೆ ಆತನ ತಪ್ಪು ತಿದ್ದಿಕೊಳ್ಳಲು ಅವಕಾಶ ಕೊಡಬೇಕು. ಅತಿ ಕ್ರೂರವಾದ ಕೃತ್ಯ ಎಸಗಿದ ಸಂದರ್ಭಗಳಲ್ಲಿ ಹೆಚ್ಚೆಂದರೆ `ಜೀವನಪರ್ಯಂತ ಜೈಲಿನಲ್ಲಿ ಇರುವಂತಹ` ಜೀವಾವಧಿ ಶಿಕ್ಷೆ ನೀಡಬಹುದು." I completely agree and i think this is reality, I may differ the aspect of 'god' mentioned by Justice but when we are not capable of giving life for some one how can we take some one life based on the statement made by some people. This also makes me feel bad how did we loos Justice R.B.Nayak's service to our High Court. At last we may have problem in people's view/ ideology or commitment and what they do with the such ideology is also wrong but death sentence is not the answer. specially we have people like Bhagat Singh, Rajguru and Sukhdev were sentenced to death in the Lahore conspiracy case and ordered to be hanged. This also reminds me a Jataka story in which king order to impose stringent sentence to the people who commit the offence, but the offence did not reduce infect it increased, if there were dacoity now started committing murder with dacoity. when king asked why such increase of crime, people told him that they want to destroy the evidence so they are killing the people. Then finally order that people should be given proper and adequate livelihood in order to live their life properly. what we need is to get to the root then just killing people. At last anyway there is no scope in our criminal law to take revenge, we are also not saying that what has happened is right we are only saying what has happened should not be repeated.

Thursday, September 22, 2011

Supreme court on Sex-worker

Recently supreme court has passed various order with respect to sex worker in India and how to improve the fate of the se-worker in india. The order dated 2nd August 2011 starts with the " Pinha tha daam-e-sakht qareeb aashiyaan ke Udhne hi na paaye the ki giraftaar hum hue Mirza Ghalib" Its goes to the intention behind the exercise which seem to be good at the face of it. what is disturbing is that reason behind this excise for example, "As already observed by us, a woman is compelled to indulge in prostitution not for pleasure but because of abject poverty. If such a woman is granted opportunity to avail some technical or vocational training, she would be able to earn her livelihood by such vocational training and skill instead of by selling her body." The Apex court proposes to eradicate the sex-work in the country, what its proposes is, "we direct the Central and the State Governments to prepare schemes for giving technical/vocational training to sex workers and sexually abused women in all cities in India. The schemes should mention in detail who will give the technical/vocational training and in what manner they can be rehabilitated and settled by offering them employment. For instance, if a technical training is for some craft like sewing garments, etc." it is also aware the impact of just providing the training for production without looking for the proper market so its further direct that, "then some arrangements should also be made for providing a market for such garments" The intention as stated above seems to be nice and fine but if one go again littler further to read the judgement it says "Sex among human beings is different from sex among animals. Sex in humans has a cultural aspect to it also, and is not just a physical act. A sex worker who has to surrender her body to a man for money obviously is not leading a life of dignity. Ordinarily, no woman will willingly surrender her body to a man unless she loves and respects him. A sex worker is obviously not surrendering her body to a man because she loves and respect him, but just for sheer survival. As Nancy says in Charles Dicken's novel `Oliver Twist', "you adapt or you die" it's seems to be the Apex court is generalising the entire sex-worker community. in fact the further order dated 24.08.2011 says "25. As regards the Central Government, Ms. Sangeeta Verma, Economic Adviser, Ministry of Women & Child Development, Government of India who represented the Central Government at the Panel meeting, explained the significance of the UJWALA Scheme which has five components utilized for rehabilitation of sex workers. She also pointed out that if the sex workers do not wish to go back home, then another program called STEP is available for them which is being implemented by the Central Government effectively. She pointed out that poverty is the main factor which pushes vulnerable women to prostitution. She emphasized that the Central Government has Schemes in place which may be availed of by the sex workers who are voluntarily willing to opt for their rehabilitation, although these are not specially earmarked for the sex workers. Even such general schemes can be made use of by them once they are willing to come out of the sex trade . We request the panel to investigate whether these schemes exist largely on paper only, or whether they have been actually implemented. 26. From a perusal of the UJWALA Scheme it appears that the Central Government has scheme only for rescued trafficked women but no scheme for those sex workers who voluntarily want to leave the sex trade. In our opinion, proper effective for those sex workers who voluntarily want to leave the sex trade. In our opinion, proper effective scheme should be prepared for such women also. In this connection, we would like to say that the Central Government scheme has placed a condition that the rescued sex workers must stay in a corrective home in order to get technical training. In our opinion, no such condition should be imposed as many sex workers are reluctant to stay in these corrective homes which they consider as virtual prison." this indicates that there are people who voluntarily want to live the sex trade and there are who want to live and continue over there. Why this attracted me is also because each time when i have taken class to police in our state on Trafficking laws their question is what about the people who do it them self with out any force? what about the high class sex-worker who do it on their own? This indicate that the government also recognising that there are people who forced in to/ trafficked in to the trade. what we have to be more concerned is to eradicate the trafficking. supreme court is keen on rehabilitating the sex-worker, but still thousands of women who are trafficked are forced to be in jail along with the trafficker, in fact the Apex court in Bachpan Bachao Andolan (2011) 5 SCC 1, case said that the the children who are trafficked and used them in the sex-work should be rescued. since this judgement speaking the larger issues of the sex-work and talking about the rehabilitation of the sex-work let there is some direction with respect to treat them as women/human and provide them proper care and not look at them as criminal further if they don't want to treat them as victim of trafficking even though the law says so. I am also interested in looking at the functioning of the comity in order to kind of cases booked under the ITPA Act and number of trafficked women were arrested under the ITPA act and treated them as accused.

Thursday, September 1, 2011

Thank You


 
Yesterday morning when I woke up to go far my morning run saw a missed call and a message from friend of mine “call me as soon as you see this message’. I called him to see what had happened.  He said that ‘one 20-30 people’ were detained in various police stations across the Bangalore. I heard that 120 to 130 people! It was not new, but this time it was strange it’s also because the number of people involved in it.  
This is in connection with the robbery has taken place in City 10 days ego, it is the story of the police that a Nepali Security Guard has stolen 3 KG of gold from a Jewelry shop. It is their story that he has entered the Jewelry shop from the building he was working and taken the gold and runaway from there. Police have decided that if they bring his relatives and the village people who are working in Bangalore at various places, their family will bring this security guard who ran away with the 3KG of Gold.
Anyway when I heard 120 People, I felt, how they can do this. Why do they have to keep them in side for 10 days? Decided to do something about it. How do we do this? My friend told me that we should not disclose the details of the person who has given the information to us. Police has let him go only with the condition that he will not open his mouth. In case if we take his name then for shore there is complete chances that his life and liberty is at danger.
I thought the best way to deal with this is to bring this issue to State Human Right Commission and our High court has holiday for 5 days since there are festival, and also who will be the party to go before the high court? The root of SHRC was the best available option for us. Called the Chairmen SHRC and asked him if he could do anything in this case. He said its holiday and he has no staff to deal with it and he expressed his inability to deal with it till Friday. I can understand his position, but I have to do something about it, that’s when the idea of Sting operation came in to my mind.
Thought we do sting operation and then take this matter to Home office of Chief Justice of High Court and see what will come out.
Made few calls for journalists friends and advocate friends sought there help we all assembled at Press club around 3.30PM, But the hidden camera was still issues, a professional media friend decided to go and buy new one and he also reached the Press Club by 3.45PM with the new camera. When we were testing that Camera came to know that battery of the camera is already dead! Thankfully my Laptop was in the car and put this camera for charging. We met this guy who was released by the police and told us that still another 20-30people are inside and got the clear picture and made out plans and decided to go.
It was already 4.30PM now we are all ready to go and bang the police with the help of New Hidden Camera tested before going to station again it’s working now. An guy  who was holding the Camera we went in it was already 5PM. Saw few Napali looking people kept in the cell could not talk to them, suddenly this guy came to me and told me that the Camera recording indication light is bright and people could able to see it. Did not know what to do and could not able to help him in that position. The Inspector of Police of that station was present in the police station, he welcomed us and offered Tea, and we said Black Tea would do.
We had Tea and asked him the details of the case and why they have been detained in the station. He said that they are innocent but kept them inside the station in order to bring the real culprit. Yes but why should they be detained for 10 days, he said not 10 days only few days. After long debates we said release them now/today otherwise incase if something happen we are not in a position to help the police. He was shocked by the end of it and said that he will speak to his high officer and release them immediately. Now we went and spoke to these people took their names and give them my card and asked them to call once they are being released.
It was already 6PM we felt that this guy will release them in case if he does not release them we will look for the next plane of action and left the place. I got a call around 8.30 PM from one of this guy stating that they are being released and he said 'Thank You'.