Search This Blog

Friday, May 10, 2013

The rape epidemic in India. The prescription.

New post (228): The rape epidemic in India. The prescription.

I have a strong urge to puke when I watch debates on - "the subject".
No one has a SOLUTION/s to offer.

The “tadipaar” prescription


It’s time for – ACTION.

[The situation has gone way beyond inane expression/s of - "chinta and chintan" by politicians and NGO's - alike !]


Steps...
All phone calls to a specially designated number from rape victims and/or their kith and kin must be recorded and saved and registered on a data base. The local police station should automatically be immediately alerted to the information. So they can immediately approach the calling number.


A preliminary FIR must be filled in online on a prescribed form by a lawyer together with the rape victim and/or their kith and kin. This must be visible online at all levels of the police department with - oversight of a special cell in the home ministry.


Within a max of 10days if the action taken report (i.e. – statements recorded, medical examination done) is not filed online by the police then the preliminary FIR status must be automatically red flagged by the system to the status of a full FIR... Punitive action by department on the concerned police men must be automatic (computer generated suspensions of police personnel)


If a prima facie case is tenable, then - Between the 10th -30th calendar day……………


The suspects / culprits must be “moved” by invoking the “existing” - Tadipaar provision in law with the difference that the location should be an island in the Indian Ocean. To be guarded by the Indian navy routinely circumnavigating the island so escape/ friendly rescue is impossible.


(I quote- only to  explain what tadipaar means : Bigg Boss 4 winner Shweta Tiwari is getting a hard time from her former husband Raja Chaudhary, who has physically assaulted her for the fourth time in a year. Since it is fourth complaint by Shweta against Raja in the course of just one year, the police has now decided to extern (tadipaar) the actor, meaning that he won’t be allowed an entry into the city.)


A judicial review of the case must be initiated – in a court on a naval ship in the vicinity of the island - only after one year of tadipaar is completed.


If found guilty – the culprit must be left to stay on the island for an indeterminate time (not less than 10 years) after which until a panel of psychologist/psychiatrist do not clear the person for release he should not be transferred to the mainland...


If found not guilty – The "complainant" must be made to serve a 10+1 year term in a jail on the mainland.  


Footnote:

Rape should be cognizable - when a person is “touched” by another person (of same or another sex, irrespective of perpetrator being minor or major) against the person’s will and wishes to pursue legal recourse.

[The tadipaar prescription must not be applied to offenses such as - stalking etc. The critical difference being the involvement of (so much or little as a)- Touch]


END

Charlie Brown