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Thread: The Official Indian Politics Thread

  1. #196
    Global Moderator Teja.'s Avatar
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    Quote Originally Posted by Cevno View Post
    Saw some Human rights lawyer on one Channel saying that the law were like this because he should be given a chance to reform, and we should study how his mind got polluted and how he got into bad company.

    WTF ? See the type of crime this guy committed and he was apparently the most brutal too. And it's not like he was 10/12 and forced to do it by others too ffs. He would be a adult in 4 months time if he's telling the truth.

    That act as it stands is almost a invitation for 16/17 year old to commit all sorts of crimes before they turn 18. And in this case they'll probably do the bone marrow test but what about others where 19/20 years may claim to be underage ?

    These parliamentarians make all sorts of ridiculous laws with loopholes, and leave it to the Judiciary to close. And if they don't uniformly then it's exploited by criminals.
    I agree with the sentiment that legislation needs to be tougher on u18s. Especially in cases of rape/murder.

    This case can be an example of why legislation regarding juvenile murderers/rapists above 16-17 needs to be amended pronto.

    However, It would not be constitutionally permissible to have a harsher punishment in this case.
    Last edited by Teja.; 30-12-2012 at 09:37 AM.
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  2. #197
    Hall of Fame Member Cevno's Avatar
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    Yeah, agree with that. See the post after the one you quoted.

    Though having said that is there is no provision or waiver like there is in UK and some US states for extreme cases ? SC can surely create a definition, even if there isn't one in the statute books ? When has the exact definition of law stopped Indian Supreme court from over exerting itself ? (Though tbf, it was required due to Vacuum created by parliament in 90% instances.)

  3. #198
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    stfu teja no one likes lawyers

    go blow your money betting on india pak

  4. #199
    Global Moderator Teja.'s Avatar
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    Quote Originally Posted by Cevno View Post
    Yeah, agree with that. See the post after the one you quoted.

    Though having said that is there is no provision or waiver like there is in UK and some US states for extreme cases ? SC can surely create a definition, even if there isn't one in the statute books ? When has the exact definition of law stopped Indian Supreme court from over exerting itself ? (Though tbf, it was required due to Vacuum created by parliament in 90% instances.)
    Yeah, the thing Cevno is that the SC overexerts itself when there is a clash of law/there is a vacuum in the law. Here, however staunchly immoral the crime is, technically speaking, It is sadly not a 'hard' case.

    I still reckon there is a chance that the judiciary can be shocked by the magnitude of the crime and resort to circular reasoning such as purposive interpretation of the statute - that is going behind the purpose for which there is a juvenile justice act and saying it is so distinctly destructive to the purposes of the act that there cannot be a literal interpretation - to have a harsher punishment for the person. (See MH George v. UOI etc.)

    However, as you said, that would set a very, very dangerous precedent and such a judgment would be bad in law.
    Last edited by Teja.; 30-12-2012 at 10:16 AM.


  5. #200
    Global Moderator Teja.'s Avatar
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    Quote Originally Posted by Daemon View Post
    stfu teja no one likes lawyers

    go blow your money betting on india pak
    Pakistan were 133-2 and at 1.1, then Younis fell and I got on then on Pak at 1.2. Three balls and a four later Pakistan were again at 1.089.

  6. #201
    Hall of Fame Member Cevno's Avatar
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    Watching some news channels and If this gives rise to moral policing and particularly that of entertainment industry which some people seem to be suggesting, i'll not be happy.

    And that's probably the softest target too.

    That's like the smoking on screen should be banned argument ffs.

  7. #202
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    As things stand now, rape when not resulting in death of the victim cannot be awarded death punishment. I definitely support death penalty for rape of rarest kinds. All the human right activists and pretentious pseudo intellectuals be damned. Death is appropriate retribution for rare kind of rapes like this latest one, even if the victim survives.
    Last edited by ankitj; 30-12-2012 at 11:02 AM.
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  8. #203
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    Umm well, the government is proposing chemical castration for rare rape cases...

    Congress' draft anti-rape law proposes chemical castration | NDTV.com

  9. #204
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    Quote Originally Posted by 8ankitj View Post
    As things stand now, rape when not resulting in death of the victim cannot be awarded death punishment. I definitely support death penalty for rape of rarest kinds. All the human right activists and pretentious pseudo intellectuals be damned. Death is appropriate retribution for rare kind of rapes like this latest one, even if the victim survives.
    Death is awarded in India for rarest of rare cases. So not sure how it'll work with only a rape charge but you can have it there, i guess.

    But yeah with or without rape, if you have death penalty on statute for rarest of rare murder cases then it makes no sense to not have it for gruesome attempt to murder cases. I mean a person avoiding that punishment because his attempt to kill someone failed makes no sense when the victim probably has to suffer more.
    Last edited by Cevno; 30-12-2012 at 11:52 AM.

  10. #205
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  11. #206
    Hall of Fame Member Cevno's Avatar
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    Quote Originally Posted by 8ankitj View Post
    Haryana! Sigh.

    It's probably the worst state to be a female in India despite being decent economically.

  12. #207
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    Quote Originally Posted by 8ankitj View Post
    Umm well, the government is proposing chemical castration for rare rape cases...

    Congress' draft anti-rape law proposes chemical castration | NDTV.com
    If i get the concept correctly then if that punishment is given, then the convicted person has to take a injection every 3 months. Not at all confident as to how it'll get implemented in this country. Need to work out how it'll work and in what cases too, along with Jail sentence.

    Anyways, the bill also contains a provision of fast track justice of rape cases in 3 months which looks good but of which the implementation might be a problem. Government needs to appoint more judges in India, and increase funding for Judiciary but it's not ready to spend money in that area.

  13. #208
    The Wheel is Forever silentstriker's Avatar
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    Quote Originally Posted by Teja. View Post
    Yeah, The punishment is not actually the problem and I don't necessarily agree with the push but the legal issue that some of the protesters are pushing for is:

    The Penal Code provides for death sentence at the judge's discretion for murder and the current legal position is that death sentence is only to be awarded for the 'rarest of the rare' cases where the criminal exhibited 'extreme brutality and exceptional depravity.' The maximum punishment for rape, as you said, is life imprisonment. The protesters want the death penalty extended for rape with the same 'rarest of the rare' test.
    Yea, I wouldn't agree with the death penalty for rape.
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  14. #209
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    Quote Originally Posted by silentstriker View Post
    Isn't the maximum punishment for rape already something like life in prison? Seems like the punishment is hardly the problem.
    life in prison doesn't mean the same in india as in the u.s...unless things have changed in the past few years, the max term is 14 years or something...?

  15. #210
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    Quote Originally Posted by silentstriker View Post
    Yea, I wouldn't agree with the death penalty for rape.
    but this is murder now right? surely the death penalty is on the table....?



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