In response to: Message: 10 Date: Thu, 11 Mar 2010 13:20:28 -0500 From: "J. Colaco < jc>" <[email protected] <http://f5mail.rediff.com/prism/writemail?&mode=mail_to_individual&email=colaco1 @gmail.com&els=f6a10b956bce2e126129ecf89683040b> > To: "Goa's premiere mailing list, estb. 1994!" <[email protected] <http://f5mail.rediff.com/prism/writemail?&mode=mail_to_individual&email=goanet@ lists.goanet.org&els=f6a10b956bce2e126129ecf89683040b> > Subject: Re: [Goanet] A Repugnant Suggestion By The Chief Justice Of India
The only point I did highlight or stressed on is, why do we need to dilute the brutality of the crime of rape by it's aftermath ? The penalty should not differ on the perpetrator, just because the victim agrees to marry him, the victim if agrees to marry (there could be a good number of reasons and certainly not, number of good reasons) of her own free will, should be allowed to do so, but by no means should the punishment on perpetrator by be lessened. If the punishment for rape should be lessened because the victim agrees to marry, then, where is the logic of punishment for a rape in a marriage ? The perpetrator is already married to the victim, isn't it ? It is true as Venantius stated, CJI has not done underwater welding, he has done law and that's precisely what I stated in my opening para, what I find repugnant about the statement is, we are all aware of the number of loopholes, we have in our system of law, where, in most cases criminals walk free in no time, for ex. Mahanand has been acquitted of two of his crimes, knowing the system so well why should a bigger hole for escape be offered to the perpetrators ? It is true that the whole speech was not on print, and I did pose a question as to, in what other context could the CJI have made that statement ? As for my suggestion, I did state it in my article, in a murder the victim looses his soul or life but in a rape the victim looses his/her spirit and the will to face the world and could be walking corpse for life "even if agreeing to marry". I did not make any comment on the issue of abortion or having the child, as it the victim who has to decide, if she want to marry the perpetrator, so also the issue of the life in her womb as a result of the crime, should be entirely up to the victim. Your are absolutely right in saying that no one should force others into doing, what they do not want to do, if what they do is legal, I am all the way with you, this is the 21st century doc. But at the same time our esteemed authorities should refrain from making statements that could further deteriorate our already porous and fractured law and order machinery. Freddy Agnelo Fernandes -------------------------------------------------------- The content of this electronic communication is intended solely for the use of the individual or entity to whom it is addressed and any others who are specifically authorized to receive it. It may contain confidential or legally privileged information. If you are not the intended recipient you are hereby notified that any disclosure, copying, distribution or otherwise placing reliance on the contents of this information is prohibited and may be unlawful in certain legal jurisdictions. If you have received this communication in error please notify the sender immediately by responding to this email and then delete it from your system. -------------------------------------------------------- ______________________________________________________________________ This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email ______________________________________________________________________
