बलात्कार, यौन उत्पीड़न, बलात्कार और नकली शिकायतों को कम करने के लिए प्रक्रिया-ड्राफ्ट ; Procedure-drafts to reduce Rape and Sexual Assaults, Dowry Deaths and False Complaints

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बलात्कार, यौन उत्पीड़न, बलात्कार और नकली शिकायतों को कम करने के लिए प्रक्रिया-ड्राफ्ट ; Procedure-drafts to reduce Rape and Sexual Assaults, Dowry Deaths and False Complaints

Post by kmoksha » Fri Nov 21, 2014 11:59 am

A. Problem in Short

The most important problem in Crime against Women is low conviction rate and no evidences. The new time offenders are seldom punished due to which they are encouraged and they subsequently commit bigger crimes and other people around them are also encouraged to commit more bigger crimes

B. Solution-Drafts in Short

We, common-citizens need to demand and force the CM/PM/ judges to get printed the following laws in Gazette Notification. We should not only elect our netas but also ensure that they work efficiently once they come to power.

All laws will come via TCP (Transparent Complaint / Proposal Procedure) by PUBLIC majority approval -

B1. Administrative means to reduce rapes

B1.1. Jury trial – For quick, fair judgements. Judges delay the cases for ages since they sell out to the rich accused party. The trial of rape must be decide by Jury of 25 randomly chosen citizens, between 30 years and 55 years, of the district in which crime was committed. The Jury will be formed by an officer titled as District Jury Administrator who will be appointed by High Court Chief judge and can be recalled\replaced by citizen-voters of that district.

(Procedure-draft in chapter 21, http://www.3linelaw.wordpress.com)

B1.2. Transparent Complaint/Proposal Procedure – So that complaints/evidences are not suppressed

See chapter1, http://www.3linelaw.wordpress.com for more details

B1.3. Narco Test in Public– To prove or disprove whether rape was committed, narco tests on rape accused should be conducted in public after Jury has seen reasonable incriminating evidences.

1. All rape cases will be tried by Jury and Jury only. The Jury will consists of 25 citizens between 30 years and 55 years of age chosen at random from the district, and at least 13 will be women.
2. If the accused himself wants or if 13 out of 25 Jurors deem necessary to have truth serum test on the accused, then the investigating officer will conduct truth serum test on the accused.
3. If complainer wants, then and then only, then the investigating officers will conduct truth serum test on the complainer. The complainer will not be asked to take truth serum test against her will unless 13 out of 25 jurors demand narco test.

For details about Narco Test in Public by Jury, Please see this link -
https://www.facebook.com/note.php?note_ ... 8393168501

The truth serum test is must is case of rape trials as either party may lie, and evidences often fail to prove use of force or threat. The existing laws require permission of judge for truth serum test and since judges may not give permission, the aggressors often walks away. So decision of truth serum test should be left to Jurors. The existing law-draft that female’s testimony be taken as final word is flawed and should be replaced with compulsory truth serum test. The means and use of truth serum tests will create a powerful deterrent in reducing rapes in India.

B1.4. Right to Recall Deputy-Commissioner for crimes against women : Every district must have a Deputy Police Commissioner (or DySP) in-charge of crimes against women and women in the district should have right to recall that DyCP or DySP . Only an anti-woman activist will oppose this proposal. (Procedure-draft in chapter 22, http://www.3linelaw.wordpress.com)

B1.5. Right to Recall Lower Court, High Court and Supreme Court judges in-charge of crimes against women : Every district must have 3 judges in-charge of crimes against women, and women of district should have right to recall them. Same at High Court and Supreme Court levels. (Procedure-draft in chapter 7, http://www.3linelaw.wordpress.com)

B1.6. Every case's daily proceedings should be put on net , after removing names necessary to hide identities. This way citizens can monitor how slow/fast a judge has been. The judges are fast in cases followed up by media, and slow in all other cases. And media cant follow all cases, and media is after all a paid-media ... when accused is wealthy, media often conveniently forgets to follow-up. If all cases' daily proceedings come on net, then judges slow speed will become apparent.

B2. Technical means to reduce rapes

B2.1. Putting cameras at as many public places as possible : By putting as many cameras as possible, we can reduce rapes as well as molestations such as at bus stands, inside buses and other crowded public places. An example is Beijing. During Olympics, due to fear of terrorism, Government of China installed over one million cameras in Beijing covering every corner of city. The crimes of molestations (as well as traffic violations) reduced. Modi has installed cameras in riot-sensitive public places and in police vans patrolling those areas. This has lead to reduction in riots in those areas.

B2.2. Providing voice linked equipment with panic button to every women : Every women can be given an equipment which cannot be turned off (unless broken), and the equipment will send the voice around her continuously to some control station. Further, the equipment can have panic button which when pressed will send panic signal to near by cell phone towers as well as police stations.
The location can be obtained using known technical methods. This will enable the policemen to locate woman who is being victimized in least possible time.

B2.3. Providing guns to women and commons: Women should be allowed and encouraged to keep guns and other weapons with them all the time. No licence should be required for that, only registration should be done for that. And they should be trained to use these weapons etc. After successful training, these women should be given a registered firearm. Initially, compulsory military training for one year after school should be introduced, which should be a requirement for further college education. Later weapons training centers for other citizens can also be started.

B2.4. National DNA database : Building database of DNA of all males will be useful in tracking down rape suspects with lower costs and speedily. The fear that you will get tracked down speedily will deter criminals from committing rapes


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