Dr. M Veerappa Moily
Hon’ble Union Minister of Law and Justice
Ministry of Law and Justice
Govt. of India
4th Fl. A Wing, Shastri Bhawan
New Delhi – 110 001
Sub: Protest against new proposed molestation law.
All India Men’s Welfare Association (AIMWA), herein referred to as “The Association”, is the first ever organization formed to protect the rights and interests of men and to fight against all kinds of discrimination against men and boys in all arenas – social, legal, economic, etc.
The Association strongly objects to the new proposed molestation law in which there will be no bail and there will be 2-5 years of imprisonment.
As The Association understands, this law is being proposed as fallout of the hyped case of Ruchika Girhotra, it is very pertinent to note that “alleged molestation” is not the main issue here. The main issues here are,
- Bureaucrats having arrogance of power and their “power connections” and the confidence that they can get away with almost anything. For e.g. in this case Ruchika committed suicide 4 years after the “alleged molestation” which clearly points to a fact that what she and her family suffered afterwards was far more torturous and tumultuous than the actual alleged molestation. Her brother Ashu Girhotra was not only implicated in multiple false cases but was also subjected to cruel and inhuman third degree torture. What was his crime? Even the most dreaded criminals are not subjected to such treatment.
- Judiciary showing its complete failure of performance and breaking new records of delay in delivering “decisions” every three months. Every quarter we here of a case coming to an end after 15 years, 17 years, 19 years. Are they playing with people’s lives? And it is the judiciary who has given S.P.S. Rathore – the prime accused – the field of 19 years to play his “power connections”. The Judiciary is directly responsible for what happened with the Girhotra family and friends after the case.
- The police department for shielding Rathore. This is not a new thing for us. But the moot questions that remains are, Do we accept it? Or do we raise our voice against it? Why can’t the Govt. comply with the directions laid down the Hon’ble Supreme Court of India in W.P. 310 / 1996, Prakash Singh and Others vs. Union of India and Others under Article 142 of the Indian Constitution for implementing police reforms?
- The above mentioned reforms ensure that the police personnel do not misuse their power in uniform against the natural principles of justice and public interest. The judiciary is completely failing in delivering justice and wake up only at public outcry. Is it that for every blunder it makes the citizenry has to raise its voice and then only the judiciary will move. As rightly pointed out by Harold Laski in the “Grammar of Politics” – “Judges do not deliver judgments; they only give decisions. They only decide which side argued better”. And it takes 19 years for the Indian judiciary to decide which side argued better! In such a situation would not have “Injustice” been far better than “No-Justice”?
- Fund chasing radical gender biased extremists hijacking an issue of corrupt police officers, bureaucrats and judiciary working hand-in-gloves to murder natural justice, into a generic male-bashing program and vouching for another unconstitutional anti-male law. Why should the ordinary and innocent citizens, especially the men, bear the brunt of the power games played by a top cop?
- Even after his misdeeds being open in public the retired DGP was given Anticipatory Bail, while husbands are routinely denied bail in cases under Section 498A even without investigating the matter. On the other hand, in 498A cases the bail itself is used as a legal tool of blackmailing and extortion. Whereas, in the case at hand, justice is being murdered right inside the “Temple of Justice” in broad daylight.
Instead of fixing these lacunae in the system the Govt. is thinking of bringing in another biased law! The Association strongly objects to passing any new anti-male law with regards to this matter. If at all, the Govt. wants to do something then,
- Right to Information Act, 2005 (RTI) should be strengthened, implemented properly and those bureaucrats who flout the RTI Act blatantly should be severely punished (even imprisoned) so that they learn to fall in line and work for “Public Welfare” and not for their own selfish welfare.
- Bring the entire judicial proceedings and administration under the ambit of the RTI Act, so that they can be held accountable for playing with people’s lives and delivering “No-Justice” after lifetime of cases running.
- Amend Article 311 of the Indian Constitution to nail the corrupt officials as pointed out by the Hon’ble Union Minister of Law and Justice Dr. M Veerappa Moily as reported in the Indian Express on the 14th of September 2009. Link here http://www.indianexpress.com/news/revisit-laws-which-shield-corrupt-govt-offic/516747/.
Especially in this particular case, it was not Rathore alone who was playing the power game using his “power connections” but the entire system allowed him to do so. The entire system allowed him to carry out systematic legal torture of the Girhotra family and friends unabated and therefore the need of the hour has come to overhaul the entire system, than just adding more problems with another biased, assumption based, anti-male unconstitutional law crumbling under the pressure of male-hater fund chasing radical gender biased extremists. We have already seen the havoc created by “Section 498A of the Indian Penal Code” and the “The Protection of Women from Domestic Violence Act” the spearheads of male-hatred vouched by them.
All India Men’s Welfare Association will be constrained to launch an All India agitation against the new proposed law on molestation unless the Govt. gives an official statement that it will not be considering it.
Date: Thanks and Regards
All India Men’s Welfare Association