Saturday 5 January 2013

Open letter to appeal for appropriate punishment for the brutal 'juvenile'


An open appeal to Sushil Kumar Shinde , Shiela Dixit and all those who have the power to make a difference.

Dear Sir/ Madam 

Subject : Appeal for appropriate punishment as per the crime for the most brutal of the accused who happens to be a juvenile by a few months.

This is in connection to Delhi gang-rape accused juvenile (17+) punishment. We believe laws, rightfully so, are different for juveniles as we expect to correct them not punish for retribution. That is very sane indeed. However adulthood is a grey area and we should consider it in rarest of rare cases

The prospect of a sadistic rapist, getting off with a lighter punishment has shocked all across political and ideological spectrum. We do not endorse any lynch-mob mentality. However, one agrees that along with the girl her family and her fiancĂ© have gone through inhuman trauma, pain, shock. They need a closure. They deserve justice. 

We as a Society need justice.

One of the major reasons we punish, lock up criminals is to prevent him/her from harming the society again. Are we sure, someone who can rape her twice, push an iron rod into her and tear up a girl’s intestine (when he never knew girl the before, therefore didn’t have a personal score to settle) will rectify in a few months? Is it not a travesty of justice? How will the Justice system assure that it is letting off a prospective brute…who is likely to repeat his offense? This walking free will shock the nation.

This case now being keenly monitored by the International Press to. We shudder to think what they will make of our Justice system, if the most brutal rapist/killer is let off because he is a few months below adulthood. In the West too, where Justice is considered to be humane, consider the nature of the crime. Thus in case of heinous crime, juveniles are treated as adult. Rape and murder are heinous crimes…hardly juvenile.

Law is written with benefit to society with mind. Law is in service of the well being of people, as society and people change Law changes likewise. The main intention of Law remains the same, to deliver proper justice which brings closure to the victim and protects society at large. This can be done even without encroaching upon basic Human Rights of the perpetrator. The perpetrator pays for the crime he committed. That is his Justice. Letting him off lighter punishment doesn’t correct his criminality, hardens him more leaving the society at large more vulnerable.

We need our authorities, commissions, political parties, investigating agencies, lawyers and courts to make sure this is brought to its logical conclusion keeping all fairness in perspective. We need them to do the needful and achieve the purpose of the institution of justice.

Thanking You,
Arundhati Bhattacharya
Shilpi Tewari

Please put suggestions and support through comments. We have put this in open to add on your voice to the appeal. We will take this forward to the appropriate platform.

5 comments:

  1. I agree !
    Some people say we must give second chances ? I ponder .....do we really give second chances to the murderers or the rapists or any other heinous crime committed by an individual ...
    In this case this juvinille KNEW what he had done & he was aware with the perfect mental strength !
    Children are punished according to their age & the mistake they do !
    @GuruMaata

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    1. If we don't make the effort. He will be out in the next three years without a scar. Horrible to think it can happen

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  2. Agree !! also keeping this case as base as not one of the deviation bu,there should be directive in law - to evaluate crime (its intensity along with after effects) of the juvenile and not just the age.

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    1. Yes. One needs to make a difference. I believe in marriage act they do take adulthood in consideration .. Why not for crimes?

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  3. 1) There is no significant age difference between the juvenile brute and the youngest accused in the case. The Juvenile is 17-years 8- months, while the youngest accused is of around 19-years of age.
    2) Is the law supposed to be working like a school exam? If you score 35/100, you are qualified, if you score 34/100, you are disqualified? Should law be applied like robots or with common sense?
    3) If all other accused get maximum punishment, there is no way this brute can get away just because of his age. This would send a signal that committing a horrific crime before the age of 18 will be alright and not be punished.
    4) What would have happened if Ajmal Kasab or Nathuram Godse or Bhindranwale was 17 years and few months old?

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