38 Reducing rapes, sexual harassments, dowry deaths and false complains

(A detailed version of this chapter in notes #301.038 on http://facebook.com/mehtarahulc )

Download this chapter 38 : http://www.righttorecall.info/301.pdf

38.1 Rapes, sexual harassment, dowry extortion, domestic violence and false complaint

We need administrative setup to prove/disprove the complaints rape, dowry extortion, domestic violence, and at the same time, reduce possibilities of false cases.

38.2 Technical means to reduce rapes

1. National DNA database : Building database of DNA of all males will be useful in tracking down rape suspects with lower costs and speedily. The fear that you will get tracked down speedily will deter criminals from committing rapes

2. Putting cameras at as many public places as possible : By putting as many cameras as possible, we can reduce rapes as well as molestations such as at bus stands, inside buses and other crowded public places. An example is Beijing. During Olympics, due to fear of terrorism, Govt of China installed over one million cameras in Beijing covering every corner of city. The crimes of molestations (as well as traffic violations) reduced.

3. Providing voice linked equipment with panic button to every women : Every women can be given an equipment which cannot be turned off (unless broken), and the equipment will send the voice around her continuously to some control station. Further, the equipment can have panic button which when pressed will send panic signal to near by cell phone towers as well as police stations. The location can be obtained using known technical methods. This will enable the policemen to locate woman who is being victimized in least possible time.

4. Providing guns to women : Women should be allowed and encouraged to keep guns and other weapons with them all the time. And they should be trained to use these weapons etc.

5. Increased use of Narco tests : To prove or disprove whether rape was committed, narco tests on rape accused should be conducted in public after Jury has seen reasonable incriminating evidences.

38.3 Administrative means to reduce rapes

6. Right to Recall Deputy-Commissioner for crimes against women : Every district must have a Deputy Police Commissioner (or DySP) in-charge of crimes against women and women in the district should have right to recall that DyCP or DySP . Only an anti-woman activist will oppose this proposal.

7. Right to Recall Lower Court, High Court and Supreme Court judges in-charge of crimes against women : Every district must have 3 judges in-charge of crimes against women, and women of district should have right to recall them. Same at High Court and Supreme Court levels.

38.4 Proposed laws in rape related laws – Truth Serum tests

I propose following changes in prosecuting rape cases :

1. All rape cases will be tried by Jury and Jury only. The Jury will consists of 25 citizens between 35 years and 55 years of age chosen at random from the district, and at least 13 will be women.

2. If the accused himself wants or if 13 out of 25 Jurors deem necessary to have truth serum test on the accused, then the investigating officer will conduct truth serum test on the accused.

3. If complainer wants, then and then only, then the investigating officers will conduct truth serum test on the complainer. The complainer will not be asked to take truth serum test against her will.

The truth serum test is must is case of rape trials as either party may lie, and evidences often fail to prove use of force or threat. The existing laws require permission of judge for truth serum test and since judges may not give permission, the aggressors often walks away. So decision of truth serum test should be left to Jurors. The existing law-draft that female’s testimony be taken as final word is flawed and should be replaced with compulsory truth serum test. The technical means and use of truth serum tests will create a powerful deterrent in reducing rapes in India.

38.5 Reducing dowry-deaths and dowry-harassment

I propose following changes in prosecuting dowry harassment and dowry death cases :

1. All dowry harassment and dowry death related cases will be tried by Jury and Jury only. The Jury will consists of 25 citizens between 35 years and 55 years of age chosen at random from the district, and at least 13 will be women.

2. If the accused himself wants or if 13 out of 25 Jurors deem necessary to have truth serum test on the accused, then the investigating officer will conduct truth serum test on the accused.

3. If complainer wants, then and then only, then the investigating officers will conduct truth serum test on the complainer. The complainer will not be asked to take truth serum test against her will.

38.6 Reducing sexual-harassment cases in the office

1. All sexual harassment related complaints will be tried by Jury and Jury only. The Jury will consists of 25 citizens between 35 years and 55 years of age chosen at random from the district, and at least 13 will be women.

2. If the accused himself wants or if 13 out of 25 Jurors deem necessary to have truth serum test on the accused, then the investigating officer will conduct truth serum test on the accused.

3. If complainer wants, then and then only, then the investigating officers will conduct truth serum test on the complainer. The complainer will not be asked to take truth serum test against her will.

4. The employers will make an attempt to provide its own phones to employees, and insist that employees do all inter-employee communication using company phones only. The employer may ask phone companies to record all inter-employee communications. The call logs (who called whom at what time) itself may give a hint about behavior to the Jurors.

How will above laws reduce complaints? The fear of narcotest will block one from committing crime to begin with.

38.7 Reducing possibilities of false cases

The narco-test of accused will reduce the possibility of false cases. Further, after narco-test of accused, if the Jurors think that accused is innocent, then they may ask (but not force) complainer to take the narco-test. If complainer refuses or accepts, the Jurors accordingly may decide. And the Jurors may call for a second Jury to decide on the possibility of false complain.

Further, at 10th class levels, the students will be informed about laws as well as prevailing presumptions, and explicitly told about precautions they must take, and possibility and consequences of being “misunderstood” if they do not take the proper pre-cautions.

38.8 Breaking promise to marry

The prevailing law “approximately” states that if a male has had sex with female by giving promise of marriage, and then he doesn’t keep promise, it is “often” considered as rape. I say the word “approximately” because law and related judgments are vague, what constitutes a promise is not clear. And I use the word “often” because courts have not been consistent in such cases.

Using TCP, we need to enumerate several details on what will constitute a “valid” promise to marry and what should be fine\punishment for not keeping such promise. Of course, the final decision will be left to the Jurors.

38.9 What can you do to reduce rapes, sexual harassment and dowry deaths ?

Please read chap-13 of this book http://rahulmehta.com/301.htm . It has several steps where-in you can spend 6 hours a week and help to bring TCP draft in Gazette in India. The steps involve distributing pamphlets, informing citizens on motives of leaders such Congress MPs, BJP MPs, The Anna etc who oppose TCP draft, by giving newspaper ads, contesting elections. Once TCP gets printed in Gazette, using TCP, it will become easy for activists to get citizens’ opinion law-drafts mentioned in this chapter. That will very likely reduce rapes, sexual harassment and also dowry deaths..

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One response to “38 Reducing rapes, sexual harassments, dowry deaths and false complains

  1. Pingback: Three Line Law Can Reduce Corruption And Let Citizens Comes To Power « Three Line Law Can Make "Citizens Are Supreme" For Ever

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