Gang Rape !!! 3 Questions remain unanswered…???

India is witnessing a collective outrage over the brutal rape and attempted murder of a 23-year old girl. I want to take a crack at three fundamental issues at play here.

1. Can we hang this  perpetrator  ?

If you notice the senior Congress ministers arent committing to extending the death penalty to rarest of rare rape cases at all. They are issuing some slimy statements.  Lets assume for a moment they are serious about it based on this report.

Essentially, the Home Minister has promised:

» A strong law to deal with rapists that wil provide for capital punishment in certain cases; and,

» A commission of inquiry to review police responses to last Sunday’s rape.

Say you amended the penal code to introduce the death penalty for the rarest of rare rape cases, would it apply to the accused in this case ? I dont think so.  Such an application would be an example of retroactive or ex-post-facto law.  This is generally regarded as evil for good reason. Zoom out from this case and think about if such laws can be passed as a general case. You cannot regulate your conduct with respect to any set of laws if

  • they go back and redefine what is illegal in order to catch you
  • having caught you for a violation, they redefine the penal code to punish you harder or softer
  • having caught and punished you, they can roll back the new laws and codes

It is for this reason retroactive laws are banned in most countries. In India, Article 20(1) specifically bans such laws.

Article 20(1) in The Constitution Of India 1949

(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence


It appears the Congress government, and to a lesser extent, the BJP  are playing us when they announce such measures.  Most of them are in the legal profession and they know they are holding out false hope. You could probably amend the constitution to add a escape clause to 20(1) , but think about it : Do you want to sacrifice the entire basis of law for one case ?

2. Is death penalty for rape a good deterrent ?

If you are against death penalty in principle, obviously death penalty for rape is not on the table and the argument ends there. If you are for the death penalty in homicide cases, then you have a think a bit harder. You have to start separating the various types of such violations. The clearest separation is sexual violence against a minor vs an adult. On one hand if you believe the death penalty is a deterrent to murder then why cant it be a deterrent to rape ?  I suspect the answer is that is murder has a property of an  “end of the road” finality which rape doesnt have. Its really is all over in one case and there is no further legal interpretation required. This is not to diminish the life long psychological scars left on the rape victim, it just means it is a lot harder to have clarity while sentencing.

We are already facing an onslaught by far left marxist intellectuals, activists, and media outlets over abolishing all death penalty. Those of us who support it for its deterrence qualities stand to lose everything by extending it to rape.  The finer points have already been discussed thread bare in Kennedy v Louisiana (child) and Coker v Georgia (adult)  My own position is I dont support death penalty for adult rape and I am torn about child violence. Indian activists will yell “India is not America” but  please read the briefs in those two cases to build up your own positions one way or another. Sidestep what you read in the Indian media.

3.  What effect did the UPA pardons have ?

The Congress led UPA government in June 2012 pardoned 23 people on death rowSome of them had committed crimes worse than this on children and all of them had been sentenced to die by the Supreme Court after the ‘rarest of the rare’ doctrine came into effect.

Take the case of Molai Ram v MP. Here was a rape and murder committed by two convicts serving term on other charges. They brutally raped and killed a 16 year old girl inside the jail premises and dumped her body in a septic tank. Take the case of Shobit vs Bihar where a dacoity killed a family of six including two young boys who were snatched from the mothers lap and shot. The killers didnt want a Hindi film style revenge when the boys grew up because they had seen their father getting murdered. There is an example of a Sushil Murmu v Jharkhand where a killer kidnapped someones 9 year old son and beheaded him in a ritual sacrifice even though he had a 9 year old of his own. Then there was a 5 year old girl. Then there was a 10 year old boy. The list goes on and on and on. Notice what the Supreme Court observed in Murmu

This in our view is an illustrative and most exemplary case to be treated as the ‘rarest of rare cases’ in which death sentence is and should be the rule, with no exception whatsoever. Appeal fails and is dismissed.

Sushil Murmu v Jharkhand

Finally there is the case of Mulla vs UP, where poverty was stated as a mitigating factor in overturning the death penalty.  What this means in effect is that certain citizens can have an “inside” track when it comes to sentencing. This should shock us because it flies against basic principles of rule of law that calls for a general application. The only mitigating factors ought to be related to psychological state.

In effect, the marxists have not only succeeded in abolishing the death penalty through the backdoor but have undermined the uniform application of law. Would I support hanging the perpetrator in this case when the killers of the jailors daughter are alive ? No way.

On the big canvas I firmly believe the death penalty is a required deterrent in India. The life outside jail is one of filth, uncertainty, poverty, and violence. For many on the margins, life inside jail isn’t that big a deal. What works in Norway and France, life on the riviera, benevolent state stipends wont work in India.  A real cost benefit analysis would compare the uniform application of the death penalty in homicide vs a holistic reform system.

  • Holistic reform : Assign social workers to those accused of gruesome crimes in order to make them better people. How much would it cost to run this ? Now that the deterrent factor is gone, how much would it cost to admit the flood of people that enter this system ?

We, the citizens of this third world country, should first get out of filth and squalor in a hurry. This is not to say that the rule of law must be treated as an inconvenience. We should revert to the simplest formulations of the rule of law. All available deterrents should be used to the optimum levels and no extraordinary processes to anyone.

TIME….The Daily Miracle

“Yes, he’s one of those men that don’t know how to manage. Good situation. Regular income. Quite enough for luxuries as well as needs. Not really extravagant. And yet the fellow’s always in
difficulties. Somehow he gets nothing out of his money. Excellent
flat–half empty! Always looks as if he’d had the brokers in. New
suit–old hat! Magnificent necktie–baggy trousers! Asks you to
dinner: cut glass–bad mutton, or Turkish coffee–cracked cup! He
can’t understand it. Explanation simply is that he fritters his income
away. Wish I had the half of it! I’d show him–“
So we have most of us criticised, at one time or another, in our
superior way.
We are nearly all chancellors of the exchequer: it is the pride of the
moment. Newspapers are full of articles explaining how to live on
such-and-such a sum, and these articles provoke a correspondence whose
violence proves the interest they excite. Recently, in a daily organ,
a battle raged round the question whether a woman can exist nicely in
the country on 85 a year. I have seen an essay, “How to live on eight
shillings a week.” But I have never seen an essay, “How to live on
twenty-four hours a day.” Yet it has been said that time is money.
That proverb understates the case. Time is a great deal more than
money. If you have time you can obtain money–usually. But though you
have the wealth of a cloak-room attendant at the Hilton Hotel, you
cannot buy yourself a minute more time than I have, or the cat by the
fire has.
Philosophers have explained space. They have not explained time. It is
the inexplicable raw material of everything. With it, all is possible;
without it, nothing. The supply of time is truly a daily miracle, an
affair genuinely astonishing when one examines it. You wake up in the
morning, and lo! your purse is magically filled with twenty-four hours
of the unmanufactured tissue of the universe of your life! It is
yours. It is the most precious of possessions. A highly singular
commodity, showered upon you in a manner as singular as the commodity
For remark! No one can take it from you. It is unstealable. And no
one receives either more or less than you receive.
Talk about an ideal democracy! In the realm of time there is no
aristocracy of wealth, and no aristocracy of intellect. Genius is
never rewarded by even an extra hour a day. And there is no
punishment. Waste your infinitely precious commodity as much as you
will, and the supply will never be withheld from you. No mysterious
power will say:–“This man is a fool, if not a knave. He does not
deserve time; he shall be cut off at the meter.” It is more certain
than consols, and payment of income is not affected by Sundays.
Moreover, you cannot draw on the future. Impossible to get into debt!
You can only waste the passing moment. You cannot waste to-morrow; it
is kept for you. You cannot waste the next hour; it is kept for you.
I said the affair was a miracle. Is it not?
You have to live on this twenty-four hours of daily time. Out of it
you have to spin health, pleasure, money, content, respect, and the
evolution of your immortal soul. Its right use, its most effective
use, is a matter of the highest urgency and of the most thrilling
actuality. All depends on that. Your happiness–the elusive prize
that you are all clutching for, my friends!–depends on that. Strange
that the newspapers, so enterprising and up-to-date as they are, are
not full of “How to live on a given income of time,” instead of “How to
live on a given income of money”! Money is far commoner than time.
When one reflects, one perceives that money is just about the commonest
thing there is. It encumbers the earth in gross heaps.
If one can’t contrive to live on a certain income of money, one earns a
little more–or steals it, or advertises for it. One doesn’t
necessarily muddle one’s life because one can’t quite manage on a
thousand pounds a year; one braces the muscles and makes it guineas,
and balances the budget. But if one cannot arrange that an income of
twenty-four hours a day shall exactly cover all proper items of
expenditure, one does muddle one’s life definitely. The supply of
time, though gloriously regular, is cruelly restricted.
Which of us lives on twenty-four hours a day? And when I say “lives,”
I do not mean exists, nor “muddles through.” Which of us is free from
that uneasy feeling that the “great spending departments” of his daily
life are not managed as they ought to be? Which of us is quite sure
that his fine suit is not surmounted by a shameful hat, or that in
attending to the crockery he has forgotten the quality of the food?
Which of us is not saying to himself–which of us has not been saying
to himself all his life: “I shall alter that when I have a little more
We never shall have any more time. We have, and we have always had,
all the time there is. It is the realisation of this profound and
neglected truth (which, by the way, I have not discovered) that has led
me to the minute practical examination of daily time-expenditure.

Ignorance is Bliss….

Is it really? Would you seriously not want to know that your “friends” are backstabbing bitches, than sit in the dark and think that you guys are the next Sisterhood of the Travelling Pants? If we love this quote but hate ignorant people, isn’t that contradicting the quote? Coz, I mean, ignorant people have the quality of ignorance, right? Now see, I hate ignorant people as I think their heads are so far up their arse you can pretty much see it from their throat. I hate how they see the world in black and white, when really, there’s plenty more shades ranging from warm to cool. All you need to do is look.

Take off those ugly RayBan glasses and see the animal’s skin you cruelly wear on your back. See how it bleeds and cries as it’s being skinned alive for you. Or does that shit turn you on? Do you like hearing their screams and cries as they suffer in pain? Is that your thing Guru?

Put that religious book down for a second and ask yourself. Do  I really hate gay people or is that just whats bin shoved down my throat my whole life forcing me to think that they’re the “devil.”  Is god really gonna punish me for eating meat the one day out of the whole week, that I wasn’t meant to. I mean I’m most probably gonna eat twice as much tomorrow, I mean  since it’s a “sin” to eat that lamb or Tuesday.  And then you sit there judging that girl eating her burger fuel lamb burger on a Saturday. What’s the chances that tomorrow you’ll be in her seat doing the exact same thing. Eating the exact same thing.


Open your eyes people and see that there’s more to the world than just your religious based, designer kissing opinions.

Believe in yourself

There may be days when you get up in the morning and things aren’t the way you had hoped they would be.

That’s when you have to tell yourself that things will get better. There are times when people disappoint you and let you down.

But those are the times when you must remind yourself to trust your own judgments and opinions, to keep your life focused on believing in yourself.

There will be challenges to face and changes to make in your life, and it is up to you to accept them.

Constantly keep yourself headed in the right direction for you. It may not be easy at times, but in those times of struggle you will find a stronger sense of who you are.

So when the days come that are filled with frustration and unexpected responsibilities, remember to believe in yourself and all you want your life to be.

Because the challenges and changes will only help you to find the goals that you know are meant to come true for you.

Keep Believing in Yourself!