1. This night , i.e., on 20-12-2015 in T.V.5 I have seen that One of the Supreme Court bench had relaxed the conviction of a Rapist of below 18 years / Minor from the punishment under a Nirbhaya case. This is extremely an unforeseen judgment .
2. The Supreme court earlier directed a person aged beyond 60 , to conduct Sex efficiency Test in a case he was the reported Rapist by his office Staff.
3. The Supreme court had again this year only squashed the judgment of a Tamilnadu High court where verdict was awarded closing the file since the Rapist and the person Raped were settled out of the court strictly on such of this Nirbhaya issue of Rape .
4. In this present case of the Minor , the Supreme court Bench had not ascertained the sexual capacity or , the production of Sperm by the convict since the issue of production of Sperm is the main issue of one’s capacity of Sex intercourse and not the age .
5. This natural fact of grounds though not the Indian Culture and Heritage of India is not to be set aside or set off at any consideration and any Foreign practice of Justice and Human Rights and Responsibilities .
6. There is absolute need of referring this case with the above points to the Constitutional Bench of the Country and also necessarily to be referred to the Central Law Commission please . I request all the relevant associations , societies and bodies to kindly try for a justified judgment without confining only to the textual right of any pertinent and related law s . If the textual derivation only is the prime under law , the loop-hole of the law is to be rectified in this and with this case itself please . more
2. The Supreme court earlier directed a person aged beyond 60 , to conduct Sex efficiency Test in a case he was the reported Rapist by his office Staff.
3. The Supreme court had again this year only squashed the judgment of a Tamilnadu High court where verdict was awarded closing the file since the Rapist and the person Raped were settled out of the court strictly on such of this Nirbhaya issue of Rape .
4. In this present case of the Minor , the Supreme court Bench had not ascertained the sexual capacity or , the production of Sperm by the convict since the issue of production of Sperm is the main issue of one’s capacity of Sex intercourse and not the age .
5. This natural fact of grounds though not the Indian Culture and Heritage of India is not to be set aside or set off at any consideration and any Foreign practice of Justice and Human Rights and Responsibilities .
6. There is absolute need of referring this case with the above points to the Constitutional Bench of the Country and also necessarily to be referred to the Central Law Commission please . I request all the relevant associations , societies and bodies to kindly try for a justified judgment without confining only to the textual right of any pertinent and related law s . If the textual derivation only is the prime under law , the loop-hole of the law is to be rectified in this and with this case itself please . more
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The versions of both Sri Sankara Narayana Pillai and Sri BH. S. Murthy are correct . The lapse is in the way of rule under the Constitution that was wisely set ; and the view point of Justice to be concluded on the Objective and Concept of the Law and Section . Only Supreme Court and some High Courts at rare times used this inevitable procedure in finalizing and concluding the Justice on an issue . Rule shall not be like that neglecting the Restrictive clauses of Fundamental part III , and , Directive of Rules set under articles of the Constitution in part IV . [ There are proofs even the Supreme Court Suggestions & Directions ignored & set aside ] Justice is not to be such that was concluded at the Textual limitations in the issue of below 18 years carried a Rape . Natural Justice also is not to be such to accord Bail to Life and Serious Financial Criminals even after awarded imprisonment . Of-course , the Governments may collect charges for special Rooms to VIPs & Politicians those imprisoned . Law & Order shall not provide preferential rights and concessions to Politicians or VIPs since the very fact of strict Proof considered cognizant for prosecuting the individual . more
Dec 29
Not only that certain laws have become stale due to efflux of time, but the mind set up of Lawyers and Judges have to get refined in tune with the present day problems and requirements. The Courts are being used by the miscreants for delaying the judgements. Unfortunately, no limitation law is applicable to the Courts delays. Some times the judges lack the COMMON SENSE / PRINCIPLES of NATURAL JUSTICE. They just become book worms and read the Sections / sub-sections without applying their minds to read in between the lines to understand the law framers intention / objective. Due to flaws in our laws the criminals are making a hay day. They are prepared to enjoy the luxuries of Central Jails with free boarding and lodging at the expense of common. more
Dec 28
Most of the outdated laws have been either repealed or amended suiting to the present day. Actually all Indian laws are not 7o years old.Some more than a century old. Some laws are befitting even today due to the foresight of the framers. more
Dec 27
Thanks Mr Ram, I do tend to agree with your two very definitive action points. Besides, at the root, we have to collectively and consciously spread and strengthen EDUCATION, particularly School education when CHARACTER is built, and especially for women, which will have a cascading effect. Let us also not lose sight of or faith in the Almighty Mother's Shakti, whose unequivocal blessings alone can enable us to surge forth and ACT in the right direction, and with the right speed in the first place. more
Dec 25
