Re: [IAC#RG] caring for girls and women

Justice Verma,

I would urge you not to recommend any major changes in the rape laws for key lies in ensuring that the justice delivery system is strengthened. For any law, fear is the key. Today, there is no fear of being punished for any wrong doing.

Moreover, any legislation that is passed amidst public hysteria cannot meet the touchstone of being just, fair and reasonable. It could be open to misuse as we have seen in the case of anti-dowry laws.

As the date of retirement of any judge is known on the day of appointment, I would suggest that no fresh cases should be referred to the judge three months prior to retirement. In the lower judiciary, the judge should be asked to take new assignment till three months after a formal order has been issued. Exceptions may be made only if the transfer of judge is for a major pressing reason.

The ensuing period should be used to dispose off as far as possible all pending cases. There should be valid, written explanation for the cases not disposed off.

We have seen an instance in Supreme Court where a politically sensitive case was kept reserved for three years and the judge retired without delivering the judgment, thereby unfortunately raising questions over the integrity of the judicial system.

There should a performance management system for the police and the judiciary. FIRs could be filed through e-mails to prevent local police from manipulating the crime rate. A clear appraisal of cases filed and disposed off may be maintained for public scrutiny and it should apply both to the police and judiciary. Future promotions may be based on objective appraisal of performance management system.

Deepak Joshi

J-207, L.I.C. Colony,

Paschim Vihar,

New Delhi-110087.

9811444011.



-----Original Message-----
From: "E.V. Srenivasan" <cheenu100@yahoo.com>
Sender: indiaresists-request@lists.riseup.net
Date: Mon, 7 Jan 2013 21:35:57
To: A.J Philip<ajphilip@gmail.com>
Reply-To: "E.V. Srenivasan" <cheenu100@yahoo.com>
Cc: indiaresists@lists.riseup.net<indiaresists@lists.riseup.net>
Subject: Re: [IAC#RG] caring for girls and women

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