Posted in Common Man, Crime, Democracy, Government, Hindustan, Human Tendency, India, Injustice, Judicial System, Justice, Politics, Rape, Security, Slogging, System, Victim, Violence, Woman

16th December 2012 – The Night that never saw the Dawn – Part 3

Whenever we come across some shocking incident it all of a sudden sends shivers up and down our spine. The cruel incident of 16th December 2012 was certainly one of them. Trust me every time the heading of this blog crosses my vision, it always forces me to think that how aptly it suits in today’s time as well. Yes, the dark night of 16th December 2012 never saw the Dawn.

Ah! India took a sigh of relief considering that finally justice has been achieved in the ‘Nirbhaya’ gang rape case. Everyone around seems to be happy, the courtroom is echoing with the sound of claps, lot of wishes are getting circulated on different platforms because of the very reason that on dated 05th May 2017, the Honourable Supreme court upheld the death sentence passed by the High Court as well as the Lower Court in the said case. A week has passed from that day of judicial pronouncement and almost all the emotional outburst has subsided, so it’s the right time for us to analyse whether Justice is actually achieved in this case or not?

As rightly quoted by Mr. William E. Gladstone “Justice delayed is Justice denied”. Sorry to say, but “Justice has already been denied in the present case” and still we are very proudly celebrating the judicial pronouncement. Mind it this is the situation when the case was taken up in the fast-track court. Now, we can just imagine the fate of all other judicial cases pending before the Honourable courts in our country for years and years. The number of pending cases in the court of law is only going to aggravate the matter and in turn, will leave an impression in the mind of the culprits that they have a free hand to do anything as per their wish.

The time lag in our judicial proceedings could be understood by the very fact that it took almost 9 months to the lower court, 6 months to the Honourable Delhi High Court and 38 long months to the Honourable Supreme Court to pronounce the judgement in the Nirbhaya case. And the culprits still have 3 more chances left to appeal i.e. 1) Reconsideration Petition – A Reconsideration Petition with the Honourable Supreme Court. 2) Curative Petition – If no relief is granted in the Reconsideration Petition then a Curative Petition could be filed 3) Mercy Petition – If no relief is granted against the death sentence in the Curative Petition as well then a Mercy Petition could be filed with the Honourable President of India. (Reference: News article published on dated 06th May 2017 in Dainik Bhaskar, the Hindi Daily Newspaper).

Shame on us that even after such a shocking incidence, which caught the eyes of the world media, we not only missed an opportunity to take strong steps in the area of woman safety but also failed drastically in setting up an example in front of the entire world with a speedy judicial proceeding in such a brutal case. And still, we want to brag about achieving justice in the present case? The hard-core reality is that the victim died a painful death long back, while the culprits still have 3 more options left to prove their innocence even after almost 4½ long years have passed since that incident first took place.

This case truly shows a mirror to our society, and at the same time, unmasks the face of the judicial system in our country. What an irony that in the world’s largest democratic nation, the culprits in a criminal case of this magnitude couldn’t be punished even after almost 4½ long years have passed. We can no more continue to play the game of pointing fingers towards others; rather we as a society have to accept our collective responsibility for such a poor condition of the law and order, as well as, the judicial system in our country.

Herewith, I would like to quote the following paragraph extracted from the second part of this Blog “16th December 2012 – The Night that never saw the Dawn” – Part 2 – Yes, humanity indeed gets killed every time such inhuman act occurs. But, the culprits are not alone to be held responsible for this killing of humanity, rather we, as a society, are equally responsible for all such inhuman acts happening around us. It’s a high time we question ourselves that what learning we took from the past incidents and what corrective measures we took to ensure that no such incidents happen with anyone again. How long will it take for us to realize that today it may have happened with a stranger, but tomorrow it could happen to anyone of us or our family members? Are we waiting for that day when we will be the victim?

Did we actually take any learning from such brutal rape case? NO, the growing graph of rape cases with every passing ‘hour’ clearly shows the condition of law and order in our country. It also depicts the mindset of our society. I would not be wrong in saying that it’s a male dominating society wherein the females of “any age” are considered as a product to satisfy the never-ending lust of inhuman males.

I would like to end this blog with the very hope that we as a society and nation wake up soon. It’s a high time we work collectively towards saving humanity. If we still don’t get shaken up then we should better be ready to witness more of Nirbhaya’s getting raped every now and then around us. It’s an earnest request to every woman, that please stay safe, and at the same time, I urge every man to please give the much-deserved respect to the women and safeguard them from such inhuman who just consider them as a product of flesh and bones to satisfy their lust.

I wish the Almighty give good sense to each one of us.

God Bless!

Peyush Jain