Long time ago in North Hills a king and his kingdom was known for his his Law, Justice and Implementations. Citizens of state were also aware about their rights. One day king went to forest with his son. Because of his son one men was killed and his son was found guilty. This was the first time when kings reputation was tarnished because he failed to provide justice, he was emotionally attached with his son and he let him free (part of series of story and cartoon show coming soon).
Why ? One incident and kings fame was nowhere because he choose emotion over Justice. Where he was wrong ? What happen to his kingdom ? What happen to his son ? How citizens of kingdom reacted ? All and many more question rise but they are not part of this story. Let me come to the point.
When and wherever JUSTICE & EMOTION move together justice cant be ensured. India where society is emotionally attached with females expecting justice for Male is dream or fantasy. Let us see what happen when emotion and justice stand together.
Murder : One person coming back from office late night. His parents, wife and kids waiting at home but he never returned back because he was murdered for some reason. As per Law the criminal must be punished and he get what he deserved. Law and Justice not worrying about victims parents, wife and kids just because they are not part of Law. Law is there to just ensure justice not to see beyond the limit of crime. Here what happen to parents, wife and kids can’t be the part of justice. Punishment is same in both the cases, if the men is one ans only son of family or family has 3 son.
Rape : One female (scientifically male also can be victim of rape but there is no law for MALE RAPE so i exclude that) when coming back late night, she was raped by someone. She is alive, she return back for those waiting at home. Law must be drafted to provide justice. The person must be punished. What should be punishment is matter of debate but one thing is confirm it can’t be same as in murder. Why ?
Is our Law drafted for the same ? No. Here Law took a different path from what it suppose to take. In case of murder the accused is assumed to be INNOCENT until he is proved CRIMINAL. That is correct because no-one can be criminal until proved. IO can be wrong and in many cases it happen. But when it is RAPE law took entirely different path, Is start from the assumption that ACCUSED is CRIMINAL and he will be CRIMINAL until he is proved INNOCENT. There can be thausands of logic behind this assumption but one of them is how she can prove ? I am asking how he can prove ? If female can’t prove situation doesn’t change for male.
Here at-place of serving justice LAW and COURTS start playing with emotion. The most popular logic is SHE WILL DIE EVERYDAY AFTER RAPE. Why and how it is part of JUSTICE. She may be disturbed or may not be no-one knows but it is not part of JUSTICE it is part of society.
When LAW & EMOTION stand together Rape looks like a much bigger crime then MURDER but when we stand where on LAW & JUSTICE exist MURDER is much bigger crime and it must be.
India where society is not only emotional but biased toward females. Law maker must carefully exclude EMOTION from JUSTICE. Unfortunately Law maker failed at this point and Delhi HC commented about this in one of his judgment regarding.