The Curse of That Night (16 page)

Ordinance Prescribes 20-yr Jail in ‘Rarest of Rare’ Rape Cases.

New Delhi:
Mr President cleared an ordinance which goes beyond the recommendation of the Justice Verma Committee to prescribe death penalty for cases of rape which lead to victim’s death or pushes her into coma. It seeks to treat such cases as ‘rarest of rare’ for which courts can award capital punishment if they decide.

The ordinance, which also introduced voyeurism, stalking, disrobing of women and acid attacks as specific offenses under the Indian Penal Code, was approved by the Cabinet.

For such cases the ordinance prescribes a minimum sentence of 20 years which can be extended to imprisonment until the natural life of the convict, or death.

The new provisions will be brought before Parliament within next six months as part of the Criminal Law Bill, 2012 which was introduced in December.

Brought against the backdrop of the recent rape case involving Omi Yadav, the ordinance changes various clauses in the existing Indian Penal Code, Code of Criminal Procedure (CrPC) and the evidence act.

The President’s assent to the ordinance came even as women rights activists expressed unhappiness over the provisions. They were upset over the government’s refusal to recognize marital rape as an offence, failure to hold commanding officers accountable for rape by their subordinates and omission of rapes by armed forces as a category.

Chapter 36

Abhijeet

Abhijeet was with Malvika in his room. Malvika was sleeping. She was recovering fast. Abhijeet was going through an article. Aarti’s case got too much of media attention. Even the President had passed an ordinance related to the life imprisonment of the culprits. He was feeling proud and happy for the Indian Judiciary System.

An article in a leading newspaper was blaming Bollywood for how women are treated in India. Abhijeet felt confused. Reacting to the allegations against Indian Cinema for promoting gender stereotypes and the objectification of women in films, he thought there may be an element of truth in it.

“What have we showed in movies through the ages? That the hero comes in a dashing way and teases the heroine, seduces her and she falls desperately in love. Imagine, we are taking small children, boys, to see such films, so what are we feeding them? That you misbehave with a girl, tease her, pass lewd comments and she will be yours! Same is the case with these item numbers. A woman is thrusting her body in your face and there are fifty men surrounding her and leering at her. Is that not insulting a woman? Yes, it’s all fiction, but the fact is we are indulging in co modification of women on screen.

In a recent super-hit film, the hero was shown holding on to his hand because he couldn’t stop himself from pinching a woman’s waist. Now, this is what is seen by men and especially small kids, and this is what they think is right. Well, this topic is kind of debatable, some people would disagree with it, but what is important is to look within and think whether or not the society as a whole is responsible for this bias towards women in our country,” Abhijeet thought.

It’s an irony that in a country where women are worshipped as goddess, they are still subjugated and suppressed. But the silver lining is that the whole nation was standing with Aarti and that made Abhijeet feel proud to be born in India.

There’s no denying that too many restrictions are imposed on a girl in India in terms of her attire, outings or mingling in her friend circle. Shameful incidents of rape make them feel unsafe. But, Abhijeet was hopeful that the situation will improve for the better.

Why can’t a girl feel special being born as the most beautiful creature on earth? From their birth till they grow up, they are pampered by their parents. Where career is concerned, if a girl is ambitious and determined, no one can stop her.

‘
If a civilised man or a woman helps another woman in pain, the true essence of womanhood will be fulfilled. Then we wouldn’t even need a security guard for them
,’ Abhijeet smiled at his own thought.

There are many people one influences. The influence can be good or bad.

If one conducts his life to keep these recommendations, one is setting a good example. Others around cannot help but get influenced by this, no matter what they say.

Anyone trying to discourage you is trying to do so because they factually mean you harm or are seeking to serve their own ends. Deep down, they will respect you. Your chances of survival will get better in the long run, since others who are influenced, will become less of a threat.

Don’t lessen the effect you can inflict on others simply by mentioning these things and setting a good example in your own right.

The way to happiness requires that one set a good example for others…

Chapter 37

Malvika

Malvika was happy that the anti-rape ordinance was passed. But now a change in the mindset of people was needed.

Seldom in legislative history has a law been amended so quickly, bowing to public sentiment, as had been done by the Centre through an ordinance on anti-rape laws. This was not only because of the Aarti’s case, but because of the growing crime rate against Indian women.

Aarti was first molested and then brutally gang-raped by assailants before being thrown out of a moving car. She was fighting bravely to live. And not only Aarti, but so many women who have been victims of such brutal crimes are living and fighting every single day for justice.

This incidence sparked unprecedented anger, to convey a loud ‘enough is enough’ message.

The government quickly appointed a committee to recommend changes in anti-rape laws. Most recommendations of the committee, including death penalty for rape-cum-murder or imprisonment for the entire life, are already in vogue in the Indian penal system. But the Centre didn’t want to be insensitive in a surcharged atmosphere. It resorted to urgent legislative mechanism – an ordinance – to change the law.

The exercise brought home another important aspect. Had there been no protest on streets, the government would have just waited for the anger to subside.

Women’s organisations brought a PIL on this before the Supreme Court. On 13 August 1997, the SC laid down elaborate guidelines, making sexual harassment a punishable offence. Wish we all were a little more sensitive to force the government to enact a law against this menace. Nearly 16 years later, the proposed law is still pending in Parliament.

Mindset of a judge is a major cause for the mismatch between crimes against women and the punishment. In 2007, judge Julian Hall of Oxford county court in UK doubted a 10-year-old girl’s age and blamed her ‘provocative sense of dressing’ to award a friendly nine-month prison term to the man who violated her.

What he forgot was that worldwide, rape of a 10-year-old is a heinous offence which attracts severest punishment and it did not matter to a court of law whether she looked 16 or dressed provocatively. An overwhelming majority of judgements from across the world give a singular message – rapists deserve no sympathy.

In India judges like Justice Krishna Iyer have said, “When a women is raped, what is inflicted is not mere physical injury but a deep sense of some death-less shame. He added that the judiciary’s response could not be muted to such grave human rights violation.

In trial courts, the counsel for the rape accused invariably attempt to question the victim’s chastity to brand her a person of easy virtue and try convincing the judge that the rape was not condonable.

‘The un-chastity of a woman does not make her open to any and every person to violate her as and when he wishes. She is entitled to protect herself if there is an attempt to violate her against her wish. She is equally entitled to protection of law. Therefore, merely because she is of easy virtue, her evidence cannot be thrown out,’
wondered Malvika.

If it would have been in her hands, she would have given death penalty to each and every culprit without any trial. But, she had hope. Hope, that Aarti surely will get justice.

Chapter 38

Abhijeet

Unless one has confidence in his own abilities, he is at risk. When those he counts on, let him down, his life can get disorderly, putting his own survival at risk. Mutual trust is the firmest building block in human relationships. Without it, the whole structure comes down.

Trustworthiness is a highly esteemed commodity. When one has it, one is considered valuable. When one loses it, he should be considered worthless.

Abhijeet loved and trusted his brother very much. Yes, Rohan used to hate him, but a murder conspiracy… that was unimaginable!

“I need water,” Malvika said.

“Sure dear. I will get it for you,” said Abhijeet and went down the stairs to get water for her.

While coming down the main hall, he spotted someone in his study room. It was Rohan.

“Rohan?” he said suspiciously.

Rohan was sitting in his chair, Aarti’s photograph in his hands and a tear drop in his right eye.

“Hey brother, how have you been? I missed you so much,” said Abhijeet and hugged Rohan. Rohan didn’t respond.

Abhijeet looked at him. He was crying.

“Hey! What happened, Rohan? Why are you crying?” asked a concerned Abhijeet.

Rohan looked at Abhijeet. Guilt in his eyes. Remorse in his heart.

“I am sorry
bhaiya
. I am sorry,” he said and raced towards the door to leave.

“Sorry for what Rohan? Wait,” Abhijeet held his hand from behind.

“What happened?” asked Abhijeet. He was worried for Rohan.

Rohan didn’t have the guts to face the person he was supposed to kill. It felt like the guilt was choking him, making him unable to speak.

“Rohan just tell me what happened? You got to trust me. I am your brother. Just say it,” said Abhijeet.

“
Bhaiya
, I didn’t come here to get the documents. I came here to kill you. Kill you all,” said Rohan.

“You are kidding right?” asked Abhijeet.

Silence…

“I am asking you something. ROHAN,” screamed Abhijeet.

“It’s true
bhaiya.
Sunil Yadav offered me a deal. Fifty lakhs, for your life. And I accepted it,” Rohan looked into Abhijeet’s eyes. They were moist.

“
Bhaiya
,” said a worried Rohan.

“Leave.”

“
Bhaiya
?” Rohan was shocked.

“I said LEAVE.”

“
Bhaiya
, we can talk it out. Please at least listen to me,” pleaded Rohan.

“You can talk it out in white paper in hell. I don’t see a fairy tale ending to this,” said Abhijeet.

“I knew that you would kill me, burn me to ashes and throw them in a pothole if I’d tell you all this. But, I needed to face you. Face you for Aarti,” said Rohan.

“Aarti? You don’t even know her Rohan. How dare you get her into all this shit?”

“She is the only girl I ever loved
bhaiya
,” said Rohan.

“WHAT!”

And Rohan told Abhijeet the whole story. Abhijeet was shocked.

“I have realised my mistake
bhaiya
. I want to come back. I want to help you, Malvika, Aarti,” said Rohan.

“How?”

“You are missing up on two very important evidences against Omi,” said Rohan.

“Am I? Go ahead,” said Abhijeet.

“When I went to Sunil Yadav’s bungalow, I heard him talking to someone over the phone. That person was blackmailing him about some tape. A video recording. There’s got to be something. Here’s the number on which Sunil Yadav was talking,” Rohan handed over the number to Abhijeet.

“What else do you know Rohan?” asked Abhijeet.

“You think Omi Yadav and his friends only kidnapped Aarti, right?”

“Yes, why?”

“There was someone else too. A guy,” said Rohan.

“You kidding me!”

“We have got to find that guy. He was the eye-witness to this crime. You get him, you get the case. Omi Yadav, behind bars. Case solved,” said Rohan.

“Are you sure about this?” asked Abhijeet.

“Hundred percent sure!”

“I think we should leave now,” said Abhijeet.

“Where are you going Abhi? And hey, Rohan,” it was Malvika.

“Long story sweetie, will email you the e-book,” winked Abhijeet.

“Well, it’s time to play the music, and have a dance with the devil,” said Rohan and gave a devilish smile.

Two brothers were back again. A single mission. Justice, Justice for Aarti.

One, the highest paid lawyer. Another, got contacts.

Right now, they got to find that guy and the tape. The two most important evidences…