Finally after more than five years , the butchers who raped and killed Nirbhaya have been shown no mercy by the apex court and the Delhi high courts judgement of death sentence has been upheld . But what about the worst offender among them , Mohammad Afros who escaped with a lighter sentence simply because he was a minor . In fact he was the one who mutilated her private parts and was the worst of the lot , nothing less than a barbarian. We need to question our legal system that let's offenders get away because of technicality.
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The case has been settled and death sentences have been rightly upheld. The minor was treated as per the applicable law. Do you want law to be broken to punish him? In fact it has already been amended to try above 16 years as adults in some cases. I think there is no point in restarting a debate for something that is well discussed and debated.
The Nirbhaya gang rape happened in 2012 and the juvenile was let out in 2015. .had the UPA govt had the will , they could have brought in the amendment straight away before sending Mohammed Afros to remand home and wait for the trial . For obvious reasons they delayed it so that the fellow gets away and Kejriwal showed his craziness by giving the criminal a cash fund to start a new life !
I believe, age should not be a criteria while discussing the fate of a culprit. His crime was not like a child's act so why should he be shown any mercy. This mercy will lead to a bigger crime in the future. Such a law is just like our reservation system based on caste. This is ridiculous and must be questioned time and again. One who can commit such a barbaric act in full senses and show no repentance should not be treated as a minor. While making a law one must keep in mind the suffering of the victim and the pain the family and friends go through. It should not be ignored at any cost.
There should be a clause for death sentence to a juvenile too if the crime is considered as "rarest of rare" as correctly stated by SC in this particular case. That's the popular opinion. Though some try to deviate from the mainstream just for the sake of having a different opinion from others no matter how invalid it really is.
Another major concern is the time it took to finally announce the verdict. Four and a half years is still fast if we go by the record of our judiciary. But what about the cases which don't come into the limelight as much as this one? I'd say minimum 10-15 years.
Death sentence is awarded in crimes that are considered rarest of rare. No doubt, the offenders in Nirbhaya case deserved the extreme punishment. Yet it can be said without fear of contradiction that the extreme punishment is more to satisfy the excessive publicity media and large candle light processions. There are many other cases of similar nature but courts award lower quantum of punishment. It is dangerous if courts start acting more on media coverage and public outrage rather than on facts and circumstances of case.
Death sentence given to butchers who raped, mutilated and murdered a young woman is extreme punishment ? this is amazing and shows how rape is always trivialised by men , so no wonder that men and the netas of this country go ahead and say men will be men and one should not make much of such things !!!
Gulshan Kumar Ajmani wrote:Death sentence is awarded in crimes that are considered rarest of rare. No doubt, the offenders in Nirbhaya case deserved the extreme punishment. Yet it can be said without fear of contradiction that the extreme punishment is more to satisfy the excessive publicity media and large candle light processions. There are many other cases of similar nature but courts award lower quantum of punishment. It is dangerous if courts start acting more on media coverage and public outrage rather than on facts and circumstances of case.
That is exactly where the power and efficiency of media is put to test. It's role is to highlight such issues so that justice has its reach in all corners of the country. Some cases cover the frontpage for days and unfortunately, some are confined to a small column at the corner of the newspaper.
That being said, a case as brutal as this one was naturally going to get media coverage.
Abhishek Sharma wrote:Gulshan Kumar Ajmani wrote:Death sentence is awarded in crimes that are considered rarest of rare. No doubt, the offenders in Nirbhaya case deserved the extreme punishment. Yet it can be said without fear of contradiction that the extreme punishment is more to satisfy the excessive publicity media and large candle light processions. There are many other cases of similar nature but courts award lower quantum of punishment. It is dangerous if courts start acting more on media coverage and public outrage rather than on facts and circumstances of case.
That is exactly where the power and efficiency of media is put to test. It's role is to highlight such issues so that justice has its reach in all corners of the country. Some cases cover the frontpage for days and unfortunately, some are confined to a small column at the corner of the newspaper.
That being said, a case as brutal as this one was naturally going to get media coverage.
I stress that court should give verdict on basis of facts of case, law and material on record. Media trial must not affect court any way. Media coverage must not affect court. If this happens, the verdict of court may be unfair.
Gulshan Kumar Ajmani wrote:Abhishek Sharma wrote:Gulshan Kumar Ajmani wrote:Death sentence is awarded in crimes that are considered rarest of rare. No doubt, the offenders in Nirbhaya case deserved the extreme punishment. Yet it can be said without fear of contradiction that the extreme punishment is more to satisfy the excessive publicity media and large candle light processions. There are many other cases of similar nature but courts award lower quantum of punishment. It is dangerous if courts start acting more on media coverage and public outrage rather than on facts and circumstances of case.
That is exactly where the power and efficiency of media is put to test. It's role is to highlight such issues so that justice has its reach in all corners of the country. Some cases cover the frontpage for days and unfortunately, some are confined to a small column at the corner of the newspaper.
That being said, a case as brutal as this one was naturally going to get media coverage.
I stress that court should give verdict on basis of facts of case, law and material on record. Media trial must not affect court any way. Media coverage must not affect court. If this happens, the verdict of court may be unfair.
The Court should remain unswayed by the publicity and the media coverage. There's no denying it. That's why I've said in the previous posts that this particular case took less time to come to a conclusion as compared to other cases of crime against women which don't get publicized too much. That's where our system needs to improve.
That is what majority of the people feel except for a few long faced " intellectual class that is more humane than the rest " and prefer to fight for the cause of the rapists ...you ask then.about the girl, they become vague but are full of energy and passion while discussing the rights of the rapists/butchers ! The thing is they have to be different from the rest or at least pretend..
Topic Author
usha manohar
@kiran8