I have stopped reading any work of fiction ever since I gained a majority. Since I work for a social cause, important judgments and legal articles have always kept me interested until recently when I started realizing that even these judgments are work of fiction rather than facts.
The recent Nirbhaya judgment is one such example. The reason it is worthwhile to discuss the same as the SC judges commented that the judgment gives a social message to Indian society.
Justice R Bhanumathi, in her judgment, stated – ‘Honesty, Pride, and self-esteem are crucial to the personal freedom of a woman”, however, her judgment doesn’t show honesty or self-esteem.
Quoting Mahatma Gandhi, she said, –
“To call woman the weaker sex is a libel; it is a man’s injustice to woman. If by strength it meant the moral power, then woman is immeasurably man’s superior”.
If women are indeed high in moral power then it was expected that a judge of her stature would show higher moral values through her judgment, however, she didn’t. This will hence be explained.
In section 3 of her judgment, Justice R Bhanumathi stated crime statistics from National Crime Records Bureau (NCRB) and showed that an increase in a number of reported cases of ‘crimes against women’ showed that women are increasingly subjected to more violence. What worries us is that reported cases under any this crime head do not necessarily mean that those crimes have actually increased.
To understand this, we need to understand that any woman can file any number of cases without any evidence and without any cause of action. Our police are duty bound to file such FIRs and judiciary is duty bound to bear the burden of those cases for years. When such crimes against women including rape can be filed without any evidence and only based on someone’s verbal statement and anybody with a good imagination and story-telling ability can file such case, without any fear of punishment. So, an increase of reported crimes actually does not lead to any conclusion.
To give a few examples, let me state some well-known cases here. Sensational Badaun rape case was filed because some villagers claimed it was rape and the local doctor was forced to confirm the rape under pressure. CBI investigation at a later stage found it was only suicide. Same happened with the rape of a 28-day-old baby from Bulandhsahr, UP. It was the imagination of her mother and still, the case was reported and FIR was filed. Same was Murthal rape case or many other cases filed under the same category of ‘crime against women’. Speaking of false cases recorded under IPC 498a does not even require special mention. After 9 years of drama when the media’s glam girl Nisha Sharma of Noida was found to be a liar in a Delhi Court, the court still couldn’t punish her. Such cases are filed in increased numbers to cripple judiciary and create a false sense of increasing crime against women.
So the point is, simply because there is an increase in filed cases of ‘crime against women’ it does not mean women are subjected to more crimes. It only means that the legal business of lawyers and judges has increased. When all it needs to file an FIR is good Imagination power, there is no conclusion of such statistics.
This clarified that her observation of increased rate of crime against women is all vague. So a judgment which was supposed to be investigative and fact-finding becomes a fictional storytelling affair. This scares normal people like me.
Her observation –
‘right from childhood years children ought to be sensitized to respect women. A child should be taught to respect women in the society in the same way as he is taught to respect men’
– Justice R. Bhanumathi, SC
raises serious humor in many. This comes at a time when spreading male hatred is the new order of the day. Statements like ‘all men are potential rapists’ or ‘all violence is male generated’ or shaming boys as ‘rapists’, ‘perverts’, ‘molesters’ etc. with complete impunity is very common.
So judgments that are supposed to be fact-based and truth finding work has become a fictional storytelling work that doesn’t entice readers like me.
If this judgment gives any social message, that will be the following –
- High order of insanity prevailing in Indian judiciary.
- Judges including the Supreme Court judges are not knowledgeable enough to interpret crime data fairly. This raises the question of their recruitment process and educational quality.
- When Supreme Court judges fail to interpret a situation in an unbiased way, we wonder if we have any justice possible.
- The observation of need of gender sensitization in schools and existing ‘imaginary lessons that teach children to respect men’ tells us that our judges are not aware of reality and their being in that position is a great threat to this nation.
However, she is not the only judge who misled the society this way. There are other judges do that very often.
In 2014, Retd. Justice A K Ganguly told lies about Domestic Violence in an International Men’s Day (IMD) seminar organized by Rotary Club of Calcutta.
Similarly Retd. Chief Justice of Kolkata High Court, Smt. Ruma Pal in a Five Day Workshop on Gender Justice in IIT KGP’s Law school made a similar comment about rape. She took the number of rape cases filed as the number of rapes happening in India.
When we talk about women having high moral values, we depend a lot on these women judges who despite being judges of highest degree create stories and spread lies through their judgments and seminar speeches. Normal people who do not understand the statistics or nuances of crime data believe those lies and are manipulated by the data.
A genre of judgments and legal articles, that need to be completely non-fictional is filled with filth and lies today. This clearly tells us that justice is denied and is at the mercy of the whimsical judges. They can’t be questioned for their action and this is pushing us to a dark age unless everyone concerned starts to voice against this anarchy.
But Indian society today is completely unaware of such developments. The problem is so deep-rooted that it is highly unlikely that ‘we shall overcome’ these problems anytime soon.