Dear Ranju The castedness of the Indian judiciary and legal system is actually fairly well written about, so the lack of implementation of the SC/ST Act is hardly surprising. Well, in its 58 year history since independence, our SC has just 3 dalit judges and one dalit CJ. If thats testimony enough. The same is the question of gender. Since Fatima beevi became the first woman judge of the SC, there is an unwritten practice, where another woman would be appointed only after the term of the incumbernt woman is over. Well, in that context, the worry is about capital punishment. This worry is also pertinent in terms of the fact that most people vulnerable to the policing system are Dalits and Muslims. My point was that while conviction in the Khairlanji massacre needs to be welcomed, the sentencing needs to be condemned Warmly
2008/9/25 ranju radha <[EMAIL PROTECTED]> > it d be noted here that the court has refused to consider this as a case of > caste atrocity. > that is the politics of indian judicial system > > On Thu, Sep 25, 2008 at 9:49 AM, Bobby Kunhu <[EMAIL PROTECTED]>wrote: > >> Having been part of a research on the implementation of the SC/ST >> atrocities act, while there is a sense of relief that, in this country >> finally there is a move towards legally punishing perpetrators of >> caste-based violence, I am worried about the extremes. While agreeing with >> the prosecution case about the gravity of the offence, I believe that it >> also is a moment to express a collective voice against capital punishment. >> This becomes an even more pertinent issue given the kind of prejudices >> that the Indian legal system operates within, victims of this most often >> would be people from marginalised backgrounds. To quote from an Amnesty >> study; >> >> *"As the study relied on reported judgments, it was bound by certain >> limitations. For example, the socio-economic background of defendants does >> not normally emerge from the rulings, as it is judicial practice in India to >> avoid references to caste, community, religion and other socio-economic >> factors relevant to the victim or the accused, unless seen to be of direct >> relevance to the adjudication of the case. It is therefore almost impossible >> to analyse the impact of the application of the death penalty on members of >> particular religious or caste groups through a study of the judgments. There >> is an urgent need for more detailed studies, including detailed analyses of >> individual cases. Other countries have been shown to be using the death >> penalty in a highly prejudicial manner against individuals based on their >> ethnic origins or similar factors. For example, in the United States of >> America the death penalty has been shown to be disproportionately used >> against African Americans." >> * >> The full study can be accessed at >> http://www.amnestyusa.org/document.php?lang=e&id=ENGUSA20080502002 >> >> Warmly >> >> >> ---------- Forwarded message ---------- >> From: Ajay <[EMAIL PROTECTED]> >> Date: 2008/9/25 >> Subject: Death for six in Khairlanji case; two get life term >> To: >> >> >> *Death for six in Khairlanji case; two get life term * >> Special Correspondent *"Capital punishment given for first time to >> killers of Dalits" * >> ------------------------------ >> * >> >> Verdict comes five days before the second anniversary of the killings >> >> Subject to confirmation by HC: defence lawyer >> * >> ------------------------------ >> >> MUMBAI: In a historic verdict on Wednesday, the ad hoc sessions court in >> Bhandara handed down the death sentence to six persons in the Khairlanji >> massacre case. Two others held guilty were given life imprisonment. >> >> On September 15, sessions judge S.S. Das convicted eight of the 11 accused >> of murder, rioting with deadly weapons, unlawful assembly and suppression of >> evidence, while acquitting the other three of all charges. >> >> The court found no evidence under the Scheduled Castes and Scheduled >> Tribes (Prevention of Atrocities) Act and Section 354 of the Indian Penal >> Code, which refers to assault or criminal force with intent to outrage the >> modesty of a woman. >> >> While Gopal Binjewar and Shishupal Dhande were given life imprisonment, >> Sakru Binjewar, Shatrughna Dhande, Vishwanath Dhande, Ramu Dhande, Jagdish >> Mandlekar and Prabhakar Mandlekar were sentenced to death. >> >> Welcoming the verdict, Ramdas Athavale, Republican Party of India >> (Athavale), said it was the first time in the country that six persons were >> given the death sentence in a case of murder of people belonging to the >> Scheduled Castes. >> Speedy trial >> >> Activist and journalist Milind Fulzale from Yavatmal told *The Hindu *that >> in the cases of the Gavai brothers, who had their eyes gouged out in the >> 1970s; in the case of the Thombre brothers, who were killed at Kalamb in >> Yavatmal in 1997 during Holi; or in the case of Pochiram Kamble, an activist >> burnt alive during the struggle to rename the Marathwada University, nothing >> happened. Though cases were filed, either the matter was suppressed or some >> light sentence handed down. This was the first time the court conducted a >> speedy trial and awarded the death penalty, he said. >> >> The verdict comes five days before the second anniversary of the >> Khairlanji killings, which occurred on September 29, 2006. The crime sent >> shock waves across the State. Four members of the family of Bhaiyyalal >> Bhotmange — his wife Surekha, daughter Priyanka and sons Roshan and Sudhir — >> were killed near their house at Khairlanji by a mob from the village. >> Bhaiyyalal satisfied >> >> Bhaiyyalal expressed satisfaction with the sentence. Soon after the >> incident, he demanded that all the culprits be hanged. After the conviction, >> he expressed disappointment that three people were acquitted. He demanded >> that the CBI gather fresh evidence against those acquitted and also against >> the 35 people discharged from the case earlier and proceed against them. If >> the CBI did not do this, he said, he would move the Bombay High Court to >> demand a fresh investigation against the three. >> >> Ujjwal Nikam, special public prosecutor, had demanded death sentence for >> all eight accused, saying this was the rarest of rare cases and brutal >> murder diabolically conceived. He told *The Hindu* that the judgment was >> a historic one and would send a strong message to society and act as a >> deterrent. >> >> Neeraj Khandewale, defence lawyer, said the death sentence was subject to >> confirmation by the High Court. "Actually this is not the rarest of rare >> cases but unfortunately the court has awarded the death sentence. We are yet >> to get copies of the judgment and we will decide on the question of >> appealing in the High Court after that." >> *Related Stories* >> Khairlanji murders: 6 get death sentence, lifer for >> 2<http://www.hinduonnet.com/thehindu/holnus/000200809241440.htm> >> Editorial on the murders: Khairlanji's >> shame<http://www.hinduonnet.com/2006/11/20/stories/2006112004091000.htm> >> One year after the murders: Fear haunts Khairlanji >> Dalits<http://www.hindu.com/2007/09/29/stories/2007092961981500.htm> >> Verdict leaves Bhotmange dazed, >> disappointed<http://www.hindu.com/2008/09/16/stories/2008091655801100.htm> >> *~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ >> "Ours is a battle not for wealth or for power. >> It is a battle for freedom. It is a battle for the reclamation of human >> personality." >> - Dr BR Ambedkar >> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~* >> >> >> >> -- >> Bobby Kunhu http://community.eldis.org/myshkin/Blog/ >> >> >> -- Bobby Kunhu http://community.eldis.org/myshkin/Blog/ --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To post to this group, send email to greenyouth@googlegroups.com To unsubscribe from this group, send email to [EMAIL PROTECTED] For more options, visit this group at http://groups.google.com/group/greenyouth?hl=en-GB -~----------~----~----~----~------~----~------~--~---
