BBC Documentary on India’s Daughter: At the outset Banning such a documentary is not worth. As
documentary has just showed the harsh reality of Indian Society, Contemporary
state of Mind of People and ultimately revels the TRUTH of our social
environment. (i.e basically we are
heading in the wrong direction). It mainly discuss about the rapist point of
view, juvenile imprisonment and other circumstances.
My Ratio to this case, Whether rapist are born or made? I feel in
most cases the circumstances where they are brought up and their company which
matters the most. As we can realize in this present case they had very poor
education and poor association which affected the society directly. Now With
regard to juvenile, we could see juvenile parents were not aware from past 3
years whether he was alive or deceased? In such a ruthless situation he was
bought up and if juvenile board or other boards had protected him or if he had
education by society or any good guidance by any member of society. He would
have not been a cleaner in a bus nor would have committed such a sin. Then there arises another twist in the story,
Is 3 year punishment is sufficient for such crime? I feel there should be an
amendment to this, if a crime like rape or murder or causing grave injury by
acid on women such offences are committed these incidents should not be taken
lightly. Hence need to be put on trial as an adult for such crimes.
Documentary has touched upon all perspectives, As Police were not-delay
in filing charge-sheet nor in arresting the accuses. The strength of student
unions as protestors have played the vital role in responsiveness. From accused point of view, as usual they won’t
accept their guilt and blame the girl for all damages. Following to defense lawyers
who will obviously protect their client has expressed their stand but, in my
view they crossed their limits. As they failed to safeguard accused with
evidences and just attributed girl for coming out at odd times or she was with
a boy etc were not a ground as a objection. (Presently Bar council has issued a
notice to them and Separate PIL has been filled by an Advocate in Delhi High Court not to Ban this Documentary)
With regard to Accused family members, they have also expressed their grievances.
So, one can have their own reservations or viewpoint.
This case is an eye-opener for whole of society as there were
around thousand responses which came before the Justice Verma committee for Amendments
in Criminal Law. In result there were
few amendments to our I.P.C, Cr.P.C and Evidence law. This included the
amendment to definition of Rape further enhancing the imprisonment.
Prima facie the documentary was consented by victim’s parent and few
other govt officials. Therefore I find no merit in banning such a documentary,
except for ‘Trial by media’ or Contempt of Courts Act [Sec.3 (3) Explanation] or any undue influence on the case. I agree
this ‘Nirbhaya Delhi Gang Rape’ is ‘Rarest of Rare Case’ as Fast-track court
has already accepted it and death penalty is ordered. Again we can stretch this
for new issue i.e ‘every single rape
committed on victim is a rarest of rare case on her’. Let’s leave this to
Legislature and Judiciary to decide.
As being a law student, I wanted to express my opinion, Hence this
is my own individual perception and observation. I am not against any Political nor in Favour of any Individual. Every individual has his own Observations, Interpretation, Expression and Objections.
