Thursday, February 27, 2020

The Time has come to punish the Rape accused by Stonning to death!

Encounter of all four accused of Hyderabad rape case was commonly considered as a pre-planned killings. This fact become so common that an inquiry commission headed by a retired Supreme Court judge Justice V. S. Sirpurkar was set up to probe the encounter. The Commission was told to submit its report in six months. Two other members of the inquiry commission are former Bombay High Court judge Rekhar Baldota and former CBI Chief B. Kartikeyan. It can be predict at the very primary stage of this inquiry by the commission that the inquiry commission will reach at the conclusion that the above encounter was fake. In fact in which way the encounter was stayed itself shows the high handedness of the Police with all the four accused. As all we know that after committing the crime of Rape of the victim the accused have been arrested on November 9, 2019 after 2 days of crime. The arrest of the accused was result of very high pressure build by the people of all corners of the country. The Police was accused for not providing security to women and not taking action against the accused of this rape case. The Police remained inactive in this case for about 24 hours. When came under fire from the public, it cames into action and arrested the all four accussed. They were produced before a Magistrate and were remanded for Judicial inquiry for 14 days. On December 6, 2019 a Police party containing 10 Policemen took all the four accused to the crime scene for finding out the mobile and the other belongings of the victim from there, where all the accused were killed by the Police party. The Police concocted the story of encounter and gave details about it before the Press. People became happy after having listen the story of the encounter and praised the Hyderabad Police.                           

It should be remembered that a number of peoples did not believe in the story of encounter told by the Hyderabad Police. They were of the views that the encounter was fake and it was really cold blooded murder of the four accused by the Police.

Criminals especially the rapists must be treated with iron hand so that rape cases should be stopped. There are laws for tackling such henious crimes in the country which do not allow Police department to kill rapists cold bloodly in the name of encounter. The Duty of Police is to produce criminals before the court which has right to punish the guilty. Our laws never allow Police department to punish a criminal who would have committed most henious crime. It is the court which weilds the rights of punishing a criminal. Encounters like wrong method cannot be justified because of the delayed justice delivered by court of law. However we must have faith in our justice system and let them to do their work.                         

As far as the crime relating to rape is concerned it is the robbery of honour of Human  which is unforgettable for whole life for her. On the one hand a victim of rape feels herself as an unchased existence, On the other hand society also does not give her due honour. Thus the rape victim faces double mental torture for not committing any mistake.

Rape is an old age evil in the society. In ancient time Jaminders and like these rich men all over in the world got abducted any beautiful young girls and women for their sexual satisfaction and no one had courage to oppose them. Besides, criminal and people of bad characters had hot fears of committing rape  at that time and so chastity of Women was not safe. There was no laws to punish them. It should be remembered that crimes of rape were committed during Vedic times also and for this henious  crime strict provisions were prescribed as Guru of All Devata's Jupiter consider the crime of rape as a very henious crime and prescribes the punishment of chopping of the sexual organ of the accused and then get him ride on Donkey.                   

According to 'Manusmriti' the punishment prescribed for a rape accused were penalty of One thousand rupees, Deportation from the city and expelled the rape accused from the society aftermarking a sign on his forehead. This punishment was given to the accused of raping a married woman and unmarried woman. But if an unmarried minor girl was raped, the accused was punished with chopping of his sexual organ, chopping of two fingers or two toes and chopping of his one hand.               

According to 'Naradsmriti' the rape accused was given physical punishment. 
                                   
Jurisprudence 'Katyayan' says that accused of rape must be given capital punishment.                 

While'Yagyavalakya' prescribes the seizer of property of the rape accused and death penalty.                 

'Chanakya' in his book 'Arthshastra' says that property of a rape accused must be burnt and he must be given physical punishment for all his life.               

Today no one knows these punishments prescribed by Hindu religious books and by 'Chanakya' for the rape accused. In this situation there is no question for implement them. It is the duty of government to enact strict laws for a rape accused. But it ignored this need. It is the reason that graphs of rape crimes is rising day by day. Now it is felt that law of Harsh punishment for rape accused must be enacted and people have been demanding for it. For stopping the rise of rape crime, society must performed its duty and its duty in this regard is not to protect rape accused whether he is a Son, a Brother and a Husband.                                   

It is not irrelevant to mention here that followers of Hindu religion have adopted fully the 'Varna Vyawastha' of 'Manusmriti' and modern world of today, the 'Varna Vyawastha' is followed widely. It is surprising that no Hindu talks of the punishment of rape prescribed by 'Manusmriti'. If Hindu community is true followers of 'Manusmriti', then it must got enacted those laws for rape prescribed by 'Manusmriti'.                   

The Islamic law about is very Harsh and it is still implement in Saudi Arabia and its neighbouring countries. It is the reason that rape crimes in these countries are reported rarely. In fact the philosophy of Harsh punishment for criminals is that it is the only way which can deter criminals from committing a crime. For example, Islamic laws prescribe death penalty for rape accused. According to it, a rape accused is stonned to death or hitting of a hundred lashes. If a rape accused is married, his punishment is stonned to death and if he is unmarried, the punishment will be whipping of hundred lashes. There are a few rape accuseds who do not die after having whipped of 100 lashes, while most of rape accuseds die during whipping of lashing. Now a days Harsh punishment for rape accused is being demanded as people consider it essential.


- Rohit Sharma Vishwakarma

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