The fundamental principle of criminal jurisprudence is that the onus of proving the happening of a crime lies with the accuser before the defendant be charged with or penalized for it in any manner.
However in the recent past this wisdom of centuries and a basic Human Right was given a back seat while designing the gender-biased laws to facilitate only the "women accusers" under the pressure of (criminal) ideology of feminism, where the defendant, if from male gender, is treated as convict even before the formal charges and onus is suo-motto been shifted on him to prove his innocence paradoxically before proving of the happening of the event of crime. Not only this but the trials by Kangaroo-courts or yellow journalism scar the whole life of (innocents but just) accused even if the charges are legally proved false in a trial.
This trend has not only destroyed the social structure of the society but has demolished the very basic definition of the justice i.e. "Equality Before Law" irrespective of any cast, creed, colour and "gender" among other categorizations and has criminalized in itself the whole male gender by birth.
The Supreme Court of USA has observed the need to stop this trend and given a much needed righteous verdict to check the very system of delivering justice to make it once again neutral for all and shifted the burden back on the accusers (in rape cases) to prove the happening of the event of crime and not leaving it on the defendant(s) to prove that it had not happened.
Would the Indian Judiciary, which usually copies the trend set by the oldest democracy of world, follow the steps when the Women Commission (an all-female organization and known for its women-favouring biased approach) has formally accepted the ever increasing number of false charges of rape in its published report, so that so, in the recent years a huge percentage of more than 53% of cases of rapes have proved false even in the initial inquiries (and with more bound to prove wrongful via legal trials in courts)?
Where are the Human Rights of Indian Defendants ???
#Kanwal
News Link: Washington Supreme Court shifts burden in rape cases
http://ift.tt/1q7TC4F
Report by an Indian Women Commission:
Join at Facebook
No comments:
Post a Comment