Syed
Zia Ul Hasan Naqvi: It true, sex is a natural instinct
of human beings like other creatures. Every human being has
a natural urge for sex. It is as essential for every individual
as air, water and food. In our country sexual relation is
permitted only in between those who are married to each other.
In most of the countries, sexual relations between, who are
not married to each other is not only illegal but immoral
also. Illegal sex indulgence is regarded an act of moral turpitude
and according to religion it is a great sin, In law it is
a heinous crime. Law has nothing to do with the status of
a culprit. If any person has committed a crime, which is proved
beyond doubt then he should be punished without any consideration
of his status.
For punishment mainly we have five theories:
· Preventive Theory:-According to this theory punishment
is awarded with a view to prevent the offender from repeating
the offence in future.
· Deterrent Theory:-According to this punishment to the
wrongdoer must not only creative an awe not only in the
mind of culprit but in the minds of other persons also.
· Retributive Theory: - The origin of this theory lies
in the primitive notion of Vengeance against the wrongdoers.
· Expiatory Theory: - This theory says that by undergoing
punishment this crime is expiated. According to the exponents
of this theory punishment make the criminal to expiate.
· Reformative Theory: - According to this theory the purpose
of punishment should be to reform the criminal.
In the light of above mentioned theories the high ups
involved in the sex cases should be given severe punishment
so that no other person can dare to repeat such heinous
crimes.
Devendra
Khurana: Punishment meted out to high ups in sex cases
should be in accordance with Indian criminal laws. This
is as short as it can get. It has to be examined in detail
as to what is the origin of such practices. Where exactly
it emanates from? Whether this is a bailable offence or
not, that would be decided by the judiciary and by the law
of the land.
Alok
Diwan: "If a man happens to meet a virgin who is not
pledged to be married and rapes her and they are discovered,
he shall pay the girl's father fifty shekels of silver.
He must marry the girl, for he has violated her. He can
never divorce her as long as he lives. (From the NIV Bible,
Deuteronomy 22:28)" and Islam believes in Stone him to death.
How can a rape victim live her life with that rapist? And
what is the significance to kill the offender? The unfortunate
part of Section 375 of the IPC 1860 is that the law is very
restricted and limited in its definition about rape. To
kill the culprit is not the solution. The convicted can
be made to reimburse the victim or her family by his income
through employment or community services.
Why should the rapist be killed with an agony of just
few seconds contrary to the victim who in a social order
like ours would still live with so much ignominy and un-acceptance?
If the girl has to continue with this disgrace throughout
her life, let the rapist also live with the stigma of rapist.
He should be made to suffer equally, if not to avenge then
at least to strike a balance.
SS
Chitwadgi: Before I set out to write on the topic I
would like to congratulate the Central Chronicle to put
this topic for debate. This is a very high social problem
in the country, often defying legal steps. These high ups
are generally so clever that they see that they are not
brought under legal net. In other words they have enough
wisdom backed by very high wealth resulting in equally high
status in the society. Even if caught, they manage to come
out free, but this debate continues to be valid because
the question is what punishment should be meted out to high
ups in sex cases? High ups are no doubt shameful and they
face any amount of media criticisms, and they often see
that the media is corrupted.
The fact of the matter is that people deserve punishment,
but only when the courts have tried with evidences and proved
guilty. Let us presume that the guilty person is legally
proved guilty through the efforts of government pleaders.
What then? There are punishments prescribed in law but are
they adequate? I have in mind several high ups involved,
so high that there was no iota of doubt that they would
get involved, but truly they are involved and the question
is what could be the appropriate punishment.
I propose, probably more right than wrong, every guilty
should be got completely excluded from the noble social
society once for all till he leaves this pious world, in
other words he deserves life long term jail plus all his
property confiscated. So once for all one who indulges in
criminal sex cases, though how so ever big, deserves to
be driven out of the sacred civil society. This would stand
as an example for those who are likely to follow similar
sex abuses.
All this is easily said more, than the judiciary could
struggle hard to clean the society from such criminals,
who often claim falsely the big status in society but they
are dangerous to our wives, mothers, sisters, and other
ladies, freedom loving belonging to holy mankind, who are
instrumental in the bringing up of the future healthy generations,
proud of ancient highly cultured civilized Indian society.
KAN
Talpasai: The query about the deserving punishment
to be meted out to high ups in sex cases servers no useful
purpose except generating wishful thinking. The punishment
to be meted out in such cases is well defined in the law
of the land.
But big wigs exercise enormous influence in tilting the
balance of the criminal-justice system in their favour.
They can hire masters of the legal loopholes of the criminal-justice
system and get away with whatever they do. The print and
electronic media derives advantage to fill up their spaces
and time- slots respectively for furthering their commercial
interests.
If I remember correctly, Ramjatwalani, a noted criminal
lawyer in the context of pleading a case of Sankaracharya
Sri Jayendra Saraswati ji observed that it was absurd and
unjust to apply the law of the land to all sections of the
society in equal measure. The victim gets solace in his
age old belief that the criminal would ultimately face his
music and get his comeuppance.
RK
Kutty: Even if any form of exemplary punishment is thought
of for such high ups, it cannot be meted out to them, as
the jurisprudence in our country is totally favouring them.
Deep down south in Kerala, there are two infamous sex-related
cases which attracted attention of the people of the whole
country through media's role but the persons involved in
them- ex-minister Kunjalikutty of the Muslim League (Ice
cream parlour case) and another ex-minister and now nominee
of the Congress for Rajya Sabha- PJ Kurien (in the infamous
Suryanelli rape case). Of these, though Kunjalikutty got
a reprieve from the lower court, as all the 16 persons reported
to have involvement in it have been absolved of all charges
but the people's court gave an exemplary punishment to Kunjalikutty
and his party electorally. He has now resigned from the
general secretaryship of the party. Moreover, the recently
elected Left Front govt filed a revision petition in the
high court of Kerala against the lower court's verdict.
The elevation of PJ Kurien through back door into the upper
House needs no elaboration as he, being a master of art
in more ways than one, has got the right connections at
the right places to come out of any shameful allegations
against him.
Now that a sex scandal is raging in J&K where several
ministers, senior Govt officials have been caught. In fact,
they should have been paraded naked with their faces not
blackened, but uncovered. The irony is that the Indian legal
system does not allow such open displays as we have got
a wonderful loophole in our law that `no one can be accused
unless proved guilty in a court of law'. But the irony of
ironies is that very rarely one is proved guilty in any
court as the court demands proof- men, material or circumstantial
evidences- all these can be liquidated if one has the money,
muzzle and the mafia links. Though the Govt of India is
now contemplating to amend and elaborate the very scope
of the word `rape' described in the IPC, but the problem
will remain same as long as some way is found out to ensure
a foolproof jurisprudence in our country. As long as we
have prosecution and defence lawyers who go to any extent
to prove that coconut tree produces mangoes and vice versa,
the present system will continue until when a true judge,
who passes judgements `without looking at anyone's faces',
comes and clears all the mess.
NR
Dwivedi: Nature had imbued humanity with sex for the
purpose of creation and procreation to keep human race intact.
Urge for sexual intercourse was to bestir people to perform
the appointed task. To discipline and restrict free and
unfettered use of sex, the institution of marriage between
man and woman was devised. Common men and women by and large
adhere to this position.
The high ups consider their birthright with authority
they possess to cultivate sexual relations with women of
their liking, not afraid of any punishment, for their actions
on account of authority at their command. As for punishment
to them, criminal prosecution and jail term is not going
to reform them for on completion of the term they might
indulge in the racket with renewed vigour. Such being the
case, punishment for sexual offences should be capital meaning
making the culprits unfit for indulging in sexual offences.
As such the capital punishment by law for them should be
their castration. This would be exemplary punishment for
desisting high ups for indulging in sexual misuse of their
power and authority.
Although in 21st century it may appear to be brutal and
inhuman since bitter pill has to be swallowed for serious
diseases.
Necessary action may be taken to amend the law provided
for the capital punishment mentioned above.
Arun
Singh: How can we say as to what punishment should be
given to the higher-up accused in sex cases. It is for the
courts to decide the quantum of punishment to be meted out
to breakers of laws.
Whatever the punishment, it should be such that other
higher-ups fear to misuse their position in exploiting the
gullible women. Even the lower class people should not be
easily let off in such crimes. The higher-ups of the society
have a bigger role to play.
The society should ponder and realize that we are treating
the effects and not the causes of problems. To every cause
there is an effect. Inordinate lusts start developing in
small children. It goes on intensifying and firms up in
the minds in absence of good knowledge and purposes of living.
A close examination at things indicates that there is
emphasis on sex in most of the things- movies promote illegal
sex, magazines and papers promote pornography, there are
dance bars, revelry, lasciviousness. Hence a child should
be guided properly from his early days by his parents and
teachers.
God is the great giver! God's law-His basic way of life-
is outflowing love. But Satan has led a deceived world to
call lust `love'- to call sin OK- to call wrong right- to
turn God's value upside down. Hence the basic way of God's
law is the way of give as opposed to the way of `get'.
Krishan
Chander Mouli: Sex is as serene and a blissful experience
as is sensitive and delicate.
But when sex becomes a crime though it still continues
to be a sensitive and delicate issue it results in an abhorring
and condemnable act. It hardly makes any difference whether
such crime is committed by a high-up or a low-down in the
society because moral and code of ethics in sexual matters
are the same.
By high-ups if we mean educated (not literate), white
collar position holding persons, religious preachers, opinion
leaders, politicians, bureaucrats, celebraties etc - then
yes- they should be meted out with the severest punishment.
The reason is, these high-ups are looked upon in the society
as models of civilized, disciplined, law-abiding, god-fearing,
value-based, humane and of high moral character. Even if
these high-ups are really not so privately, at least publicly
they present themselves with that face. And thus when such
persons commit, facilitate or abet sexual crimes, they deeply
erode the confidence of the people at large and sometimes
mentally immature persons start imbibing such immoral acts
under the wrong impression that indulgence and liberties
are perhaps the essential characteristics of high-ups.
In-fact precisely therefore these so-called high-ups deserve
the severest punishment in sex crimes, even if they are
only found abetting or facilitating but not really committing.
However it should not mean that in the case of a sex crime
by low-down in the society the guilty should not be meted
out with the severest punishment. The only relaxation in
such cases could be that largely the abettors, facilitators
or committers of sex crime under this category are neither
models of moral character nor are they popular people in
the society to be looked upon with respect or to be imbibed.
But even this relaxation should not dilute the severety
of the punishment to this class of the society also because
a sexual crime whether by a high-up or a low-down the guilty
leaves behind the victim in a high degree trauma with a
permanent scar and guilty conscience. This situation which
can only be experienced, but cannot be really visualised,
should always be kept in mind while imposing punishment
on the guilty in the case of a sexual crime.