Hello Vidyut Kale
AFSPA does NOT give any immunity from rape. it is a criminal offence and can be tried by Court Martial (quick, efficient & ruthless) or civilian courts - delays etc - Army has punished 104 rapists in recent times (newspaper report). when faced with violent deaths and violence some men do cross the line but they are very few in proportion to the numbers employed in counter-insurgency. second; there are many false charges by overground elements of the terrorists. our Army has very strict orders on these issues and comes down heavily on transgressors.
So on this one Justice Verma did NOT do his homework
On 24 January 2013 13:46, Vidyut Kale <wide.aware@gmail.com> wrote:
Here's a full text link (for running text searches and avoiding human rights abuse :p)You're welcome ;)Vidyut============About the AFSPA, I am of the view that it is not impossible for an Army to have rapists. Indeed it is guaranteed by statistics. Unless the mandate of the Army extends to rapes, there is no reason for the trial to be an internal matter for the Army to the point of excluding the victims themselves.Such behavior defames the entire forces for what civilians see as protecting rapists and create space for anti-national propaganda like rapes being a deliberate method against the population, which is why Army protects those carrying out orders.This smears countless honorable and brave jawans who ought to be respected for the hardships they face with the black brush of hideous crimes.If the Army is posted among civilians, it must not be above civilian law. Particularly in matters that involve injury to civilians. It is as much a matter of the pain of fellow Indians as it is a matter of the pride of our forces - unless anyone thinks it is a matter of pride to let rape allegations stand. I don't.I agree that it will likely be used as a weapon to file false cases, and that is a fear always. If the Army believes the Jawan to be innocent, they can always provide for the best lawyers at govt expense - seeing as how he got framed because of his job.Simply dismissing all allegations as motivated does not make sense. Is this not exactly what we are hoping to prevent countrywide? The practice of preventing justice by dismissing rape complaints as false, smearing the victims? What makes it okay to be practiced among those we consider out pride?Vidyut
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