National Shame

Often we witness in cinemas (in all languages) an influenctial male molesting a female is made to stand before a village panchayat and the Panchayat, on inescapable clear evidence of molesting, hands out a ‘severe punishment’ of ‘strict warnning’ to the said male that he should be very careful in future and avoid such moral aberrations. This ‘very rigourous’ punishment is meted out as the male either belongs to an influential family or son (sin) of a person who matters in many respects. This may shock us for a few minutes and nothing more happens. Fine.

But can the apex court of this country which has a constitutional responsibility to guide over a hundred crore population commit the same. Yes, it has and as  a legal practitioner I am ashamed.

A senior police officer reputed for his bravery molested, under the influence of liquor, a senior lady officer in a party in the presence of all which included also her husband.. The lady officer lodged a police complaint.

She could have quietly suffered in silence. But, she rightly thought, he must be punished for this, eventhough the complaint and prosecution would result in a sensational publicity which may spoil not only her reputation but also the future of her
children. I salute that lady for this.

It was extremly difficult to pursuade the witnesses to come to court and speak the truth against a senior police officer. But she did the truth was established in court (kindly read the just para again). The Court held him guilty but let off with a severe warning that he must behave properly thereafter, under the probation of offenders Act.

The matter reached the Hon’ble Supreme Court which  endorsed and confirmed this.

In my humble but firm view the Supreme Court has a duty to intrepret any law with a constitutional perception. 

It is not a Taluk court to plead helplessness and shut its ears and close its eyes. In the light of the constitutional provisions the Supreme Court (why? every court) has a duty to take all necessary judicial initiatives to secure the freedom of women and to protect their rights. At least, a right not to be molested. It is a pity that our Hon’ble Apex court could not do that. The Supreme Court has lost a golden opportunity to show that it is the champion of the weaker sections. As a tax payer I think it is a national shame. What surprised me was not even one women organisation came forward to protest against this verdict.

I, as a legal practitioner, put my head down in irredeemable shame.

Long Live Justice, If Any.......