The wheels of justice might move slowly,but it does deliver. The Chandigarh district court sent former Haryana DGP SPS Rathore to jail for 18 months, up from the 6 month sentence handed by a special court in end-2009, for molesting teenager Ruchika Girhotra 20 years ago. Ruchika subsequently committed suicide. The sentencing of Rathore would probably have never happened if media had not highlighted the case. Just as with the Jessica Lall, Nitish Katara and Priyadarshini Mattoo cases, the media played a critical role in building up pressure to bring Rathore to book. What was common to all these cases was the way in which rich and powerful people tried their best to subvert justice. In the present instance, evidence was brought to light on the brazen manner in which Rathore used his position and clout to harass the victim and her family. It was only after several media reports and a public outcry that fresh FIRs were lodged, documenting how Ruchikas brother and father were intimidated so as to withdraw the molestation charge against Rathore.As a result, Rathore now faces additional charges of abetment to suicide,attempt to murder and illegal detention.
The Ruchika case should be used to have a relook at our laws on sexual harassment, molestation and rape. A new sexual offence Bill, which is on the anvil, has kept the punishment for sexual assault or outraging the modesty of a woman in Indian legal parlance at a maximum of two years in prison while the maximum prison term for sexual insults or eve-teasing has been increased to seven years. This is an anomaly that needs to be addressed. The Indian Penal Code also has no provisions for child victims of sexual molestation. While there are special provisions for child victims of rape, there are none for victims of sexual abuse. The Law Commission had recommended in 2000 a provision recognising and punishing child abuse with imprisonment up to seven years, something that needs to be urgently considered. But ultimately, its not just laws but how they are implemented that is really important. While the media and public pressure played a crucial role in forcing a fresh investigation of the Ruchika case, that cannot be a substitute for a tardy investigating and judicial process. Indeed, this could be only a short-term remedy to making government agencies more responsive and could lead to charges of trial by media. If such situations are to be avoided, the police and courts have to get their act together and deliver justice efficiently and without fear or bias.
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(source-toi editorial)
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