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| CM committed offense but who cares? | | Revelation of names of rape victims | | Early Times Report
jammu, Oct 20: Annoyance of any kind is intensely agonizing. This dictum stands fortified by puzzled Chief Minister Omar Abdullah who is passing through excruciating conditions these days.
There cannot be two opinions that failure on all fronts be it his administrative spoil or family debacle has left him confused. There is no gain denying the fact that Omar is literally acting like 'Alice lost in the wonderland' and this is democratically dangerous to keep the reigns of power in the frail hands of a Chief Minister, particularly when it is the most sensitive state of Jammu and Kashmir.
We all know that 'a bad workman quarrels with his own tools' & if such workman happens to be Chief Minister of state, then God only can save the state. We have not forgotten yet, though people have short memory, that he unreservedly made public the names of the Kashmiri women who are allegedly victims of outrageous sexual assaults that includes rape, gang rape etc in this strife torn state, quite oblivious of the mandate of law that it is heinous and punishable offence under section 228-A of Ranbir Penal Code.
Section 228-A of the Ranbir Penal Code (which has been inserted in the Code by Act XXVI of 1998) explains, " Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under sections 376, 376-A, 376-B, 376-C or 376-D is alleged or found to have been committed (hereinafter referred to as the "victim") shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine."
However, the printing or publication of any of the judgments of any High Court or the Supreme Court has been excluded from the punishment. This section makes it amply clear that apart from printing or publishing names of the victims of rape, having been committed by any public servant with a woman in his custody, by Superintendent of Jail, remand home etc and even by a member of the management or staff of a hospital, any matter on the basis of which the identity of any person against whom an offence of rape etc is alleged is made known by any person, has to be punished up to two years and suitably fined in addition thereto.
The idea behind inserting the said section is obviously what Justice Arjit Pasayat of SC has said in judgment titled 'The State of Karnataka vs. Puttaraja' {2003(8)SUPREME 364} that , " A Rapist not only causes physical injuries but more indelibly leaves a scar on the most cherished possession of a woman i.e. dignity, chastity, honour and reputation. The depravation of such animals in human form, reach the rock bottom of morality when they sexually assault children, minors and like the case at hand, a woman at the advance stage of pregnancy."
In Para 2 of the judgment it has been laid down that "………We do not propose to mention name of the victim. But keeping in view the social object of preventing social victimization or ostracism of the victim of a sexual offence for which Section 228-A has been enacted, it would be appropriate that in the judgments, be it of this Court, High Court or lower court, the names of the victim should not be indicated."
Apex Court of the country has laid down guidelines for the trial court, High Court and even Supreme Court that 'names of victim of rape etc be not mentioned in the judgments even'. There is cast iron strong documentary as well as oral evidence of the commission of offence under section 228-A RPC.
The 90 page list, with the names of 1,326 victims, was submitted as a written reply to a question asked by MLC Abdul Majid on Wednesday. MLC had asked tehsil wise details of the rape cases in the last five years as well as their current status. He had also asked for steps taken to prevent such occurrences. The list, submitted by deputy secretary to the home department, has in most cases revealed the victim's identity by giving out her full name, address as well as her parentage.'
This submission of a list of the women victims of rape etc on the mere asking of MLC Abdul Majid furnishes sufficient evidence of the commission of crime punishable under section 228-A RPC for which FIR must be lodged. If the intention of the CM was not to further bruise the victim-women by making public their identity etc, he would simply ignore the questionnaire of the MLC rejecting it unlawful.
The divulgence published at his behalf gives the FIR numbers, accused names as well as the status of the case. Majority of the cases are still pending trial in different courts of the state or under investigation. Chief Minister initially announced, caught on wrong foot, "Under what circumstances these details have been revealed, I will get back to the house with full details soon".
Indeed Mehbooba Mufti, leader of the opposition in the J&K Assembly did accuse the government of stigmatizing the victims by revealing the identities of the women, yet no cognizance has been taken by any court. Perhaps the CM was advised to select the floor of House (JK Assembly) for divulging the identity of the victims of rape etc knowing fully well that he would otherwise invite the wrath of the highest judicial forum of the country for gross violation of the dictates made in the Puttaraja's case (supra) and many other judgments of the Supreme Court followed by all courts across the country.
The poor and stigmatic ladies whose identity has been so disgracefully fluttered by the state head and his aide, obliviously about the status of women all over the world, have no one to espouse their cause, particularly when the youngest Chief Minister himself is indifferent about the womenfolk. No NGO or boasting polity of this state has come forwards even to file any PIL before the High Court or Supreme Court for lodging FIR in terms of Section 154 CrPC for the proven offence under section 228-A RPC or for contempt of the Highest Court of the country or even for a defamation suit affronting the womenfolk and nor even a civil action for damages to the deeply bruised women.
There is a deep sense of shame over revealing the names of the victims. It is high time that he should show moral courage bid good bye to politics and even if he does not voluntarily step down, it is advisable that he goes on a vacation till the horrified incidents that he intentionally committed or dealt like a novice are totally wiped out of the minds of the people of Jammu & Kashmir. He should be better assured that the people of J&K will wait till he rummages his introspect thoroughly and plans an adieu to the politics. |
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