Calling the real institutions of the society!

The state is spilling over with internal filth and dirt when Modi is busy defending the so called anti-terrorism bill – GUJCOCA. Government again refused the bill and with the recommendation of changing some clauses in the bill mainly which were allowing the authorities to seize the properties of the suspect and tracing the calls of any suspect at any time without any explanation.

When I assume the process, I can imagine a few thoughtful people thinking over different points of the bill and discussing the pros and cons before reaching to any vital decision. But as the verdict comes out, BJP’s immature comments started coming out and the dirty politics starts over again. Mr. Modi’s ego speaks again, “I will not make any changes to the bill and foot it again to the center.”

Outrage is spreading throughout the state because of increasing overall crime rate. Yes, we cannot deny that the overall rate of crime is also increasing in the whole country. But we haven’t seen the Gujarat in this shape before. We are witnessing the incidents which we have never seen before in our own Gujarat. Police is still summing up the amount of money Ashok Jadeja has acquired from hundreds of people and each day a new rape case is coming out. Frauds, robberies and petty stealing are also riding high in daily newspapers. The crime rate is all time high in Gujarat. I do not think I need to refer to any sources because we all read and watch what happens around us. It is matter of our own sense.

Black memories of Patan gang rape case haven’t yet faded and Surat is blotted with a shameful gang rape. As I am recalling these inhuman acts, news comes out from Rajkot and Himachal Pradesh, teens raped respectively in both of this places where in the latter case the victim is a tourist from Britain. I just took a note of the rape rate in Gujarat before a few months that how it is increasing consistently. Although very complex and sensitive, undertaking the studies of increasing rapes in the social context and also other external reasons for such activities seem essential at this point of time.

Rapes, sexual harassments, making video clips – all these are new form of criminal activities of this modern time and they are getting so frequent. The victims seem to be coming out more openly than before and we can also see many reputed entities of the societies involved and alleged in cases like this. Shiney Ahuja and an MLA from west Godavari are the most recent examples of those. But still the numbers of rapes reported to the police are far lesser than the actual number.

On the other hand, ‘organized’ and gang rapes (which in turn can be called organized) have significantly got surfaced in the recent times. The definition of rape has always been powered over other elements in different cases and it remains the centre of the case in most instances. Even in Shiney Ahuja’s case victim is constantly stressing how Shiney forced, grabbed and pushed her, because all these phrases lead to the confirmation that the rape was committed. I am not sure that how accommodating is our judicial system for the crime conditions and the social context (behaviour of an individual and the reasons for that behaviour) involved in the incident. But I am sure the society should and must be interested in the detailed examination of reasons involved in such criminal occurrences.

The reason behind such study is to understand the affecting elements which trigger such instances like rapes and sexual activities. “Spot” rape – a spontaneous excitement leads an individual to lose the control over sexual urge and expressing that in verbal, gestural or physical form. As I mentioned earlier that the “organized” rapes are increasing and this kind of rapes involve raping a fairly known individual and in many cases an acquaintance or an intimate friend. “Organized” rapes means an individual or a group of people pro-actively look to satisfy their sexual urge or forcing verbal, gestural or physical abuses to a man or woman. If assessed on moral grounds, organized rapes would hold a very lower position compared to the spot rapes which only take place on an instantaneous sexual aggression. This classification may not be that important for the legal resolution of the offence but considering the long term societal balance, some profound study should take place. (There are enough reasons, anger and misery over these inhuman incidents which tell me to conduct such social studies but time, conditions and limited understanding do not YET allow me!)

There is another issue which I do not want to discuss in detail but just a note:

No political parties or diplomats came out at the time of Patan incident. But as soon as the Surat gang rape case came out and the culprits are held, VHP is coming out asking for strict action. Can you people guess? Yes, because the culprits are Muslims. It may get more sensitive as the Rajkot case contains the same attributes. Let us just don’t get carried away by all these and let us focus on the safety of women at first and then to understand, evaluate and take some meaningful actions where we can develop a society which is more cleaner and moral.

“Mothers, please teach your son that every woman must be respected as he respects his own mother!

Fathers, please provide an example to your son that how the women in any relation, mother, sister, daughter, friend or wife must be respected in every manner!

Teachers, please teach your students about the social and public behaviour towards women and any other individual in the society!

You are the INSTITUTIONs of the society!”

We Do Not Need GUJCOC!

Although I witness these issues closely around us, in my state Gujarat, in India, I closely relate this to each country, each society and community. The increased violence through out the world is the biggest concern.

Could any law or could any police stop a person who decides to kill himself to kill other people? No. Gujarat government is insisting on implementing GUJCOC, a proposition of an anti-terrorism law. Mr. Modi did not have time to educate people about GUJCOC because he has been very busy in preaching for writing post cards to the Prime Minister to advocate GUJCOC. It seems, only one person would decide what “sada 5 karod ni janta” should do.

I call this person as a man with the metal chest; Lawyer Anand Yagnik has shown the excellent example how to be in complete senses regarding political happenings and policy making from which normal people are alienated. (Ahmedabad Mirror, 26 September 2008 | “Do we need GUJCOC or a collective will to respond?”) He has tried to bring in this issue in the best possible way that people can understand GUJCOC and decide themselves that is it really needed? In further, it also doesn’t seem to be a law to control terrorists as the definition of organized crime (for which GUJCOC is proposed) is quite contradictory from what terrorists do. As per the Statement of Object given by Gujarat Government, “The organized crime has been for quite some years now come up as a very serious threat boundaries and is fuelled by illegal wealth generation by contract killing, extortion, smuggling in contrabands, illegal trade in narcotics, kidnappings for ransom, collection of protection money and money laundering etc.” Give it a thought; do terrorists want to do these killings for wealth generation? Do they place bombs for extortion or is this contract killing? Poor reasons!

Now let us put some light on provisions of GUJCOC (As Anand Yagnik brought them for us):

·         Every offence punishable under GUJCOC is cognizable

·         No Anticipatory Bail

·         Provision of bail is excessively stringent so as to keep accused behind the bars for a substantial period of time without trial

·         Confession made before Superintendent of Police is admissible evidence irrespective of how much an accused is tortured

·         Valid intercepted communication is also admissible evidence

·         An accused can be kept in the police custody for up to 60 days

·         The failure of police to charge sheet an accused does not create a technical ground for bail

·         Special courts permitted to have summary trials

·         Protection for witnesses

·         Property of the accused on a reasonable ground liable to be forfeited

There are two affecting factors of GUJCOC. First is the Statement of Object from state government. The definition of organized crime and actual terrorist activities are quite different. Let us come back to that core issue after we get to know powers and authorities requested in GUJCOC for the police.

Each of the provisions can easily be abused by the authority and we know how much we can rely on government and police authorities!!! Keeping an accused in custody for uncertain time up to 60 days, no bail, no trial and tortured confession is evidence; it is questionable if these clauses are not violating the human rights. Apparently, they are insisting on more power over society by proposing this law. The initial picture suggests that GUJCOC is needed to target some particular people and community and making them easy targets with the name of law. Well Done! Even if it is not so, then it is an apparent threat to each citizen. Who knows if your son, your brother would be taken to custody without any reason, just on the basis of suspicion!? We may not feel secure in our home, in our own city.

Now go back to the long term concern, as a few brutal minds are spreading terror and targeting innocent lives, anytime anywhere without any glitch. Again, can hard laws stop these people? I don’t think so. This is no more a matter of crime, violence and police. It has gone far out of the reach of law and order. Have we ever realized and related these incidents with naxalism? Although unpopular, it is a modern way to fight for existence and self-respect. The actors of recent incidents claim this as a revenge of Gujarat riots of 2002. Yes, revenge itself is immoral. But how long and how much one can tolerate? Terrorism is not a monopoly of Laden anymore. This is the age of home grown groups who drive these bomb campaigns from one city to other, another characteristic of naxalism! We may not be aware of the complete truth, but we can see what is clearly apparent. We have chosen not to see and not to consider some aspects of it, but in this case ignorance is sinful. We cannot undo what has happen; we also can’t keep blaming and keep moaning about the injustice prevailed and also that how legal authorities applied its stamp on it recently. Let us forget and forgive all those people who wore knives and swords as ornaments and danced over blood of thousands.

Society starts from home and the strongest instincts get developed in a child from its own family. Family is the most important and primary institution of a person in his social life. Parents do have to pour in right values in children from the beginning. Not only skills of singing, dancing and drawing are the parameters of a better person. We have to develop better citizen because after being a student for a few years, a person lives rest of her/his life as a citizen in the social context. How strong and how determined is this citizen who would never involve in such activities? How could a bunch of people preach us and overshadow our learning of life, which we received from our parents, schools and colleges? This is what we need to learn and teach. If they preach for revenge and killings, why can’t we teach to forget and forgive? Why can’t we teach to accept others? There are endless conflicts in diverse communities, from among the countries to families. But we have to live with it, as we live in our own families.

Let us start afresh. Let us concentrate on our own selves and find out, do we contain any bit of such poison within us? If yes, you really need a treatment. Open eyes and open arms, a lot would get better. If we see it real, it is real. We have to support and be with those people and communities who are suffering the most. To blame is easier, to give a hand of courage is what does matter!

We do not implement rule of stick if our child, our brother or sister is being stubborn, violent and out of control. We always keep patience and try to nurture them.

I would like to present this as a petition and want to know and show that we really don’t need GUJCOC! Please leave your name, email address and also your comments in order to sign this petition. Also forward this if you feel it is worth preventing our state from ghost of GUJCOC.