A medical college student from an Eastern State called me today to ask whether it will be helpful if they write to Law Commission of India to make law to enhance punishment for rapes?
I said it may not help to write to Law Commission of India. Because, it's mandate is only to examine questions referred to it by Government. Their staff is also insufficient. They cannot take up any issue on their own. Nor can they make any recommendation to Government, and even if they do, the recommendations are not binding on government.
So ultimately, it boils down to Political Will of the Government. I said that in my view, it will not serve any purpose to write to Law Commission of India.
Next Question is, then to whom should they write
First, we should find out who are the people who are not in favour of increasing punishments for rape.....Second, who are the persons who can influence Political Will of the Government so that it can take this issue seriously.
So far as the first question is concerned, I can say that Senior Lawyers and Experience Judges are not in favour of increasing punishment of rape to death penalty. They have years of experience and wisdom. They have their reasons.
But good thing about them is, they are mostly open minded. If you argue before them that time has come to increase punishment of rape,they will examine your argument with open mind and will change their views if necessary.
If you want to write to some famous or celebrity Senior Lawyer in Supreme Court, just write name and drop it at address of Supreme Court Bar Association, Supreme Court, Bhagwan Das Road, New Delhi 110001. The letter may reach to them in due course. Even if they may not reply, your letter will force them to think.
Same way, the students can write to Senior Lawyers in various High Courts, by looking up High Court addresses on websites,
Second Question
Second question is, who are the persons in India who can influence Political Will of Government about enhancing punishment for Rape.
There is a book called "Who's Who in India". It is annually published by some INFA Publications, Delhi. Every year, they compile list of people who are highly influential and active in different areas. The book gives their about-10-Line-biography and address for communication. The book lists about 5000 top people in India. We may not read their name in newspapers, because they work silently and they do not want publicity.
They also may not reply. And some may also reply. But my belief is such that if we write letters to 10 people, 6 may not read our letter at all. They may be too busy. But 4 of them may read. And 1 of them may forward it to someone who can do something.
It may help to write letters to them. But you should not be discouraged if none of them replies. They are influential because they do work without claiming credit for their work.
So these are my suggestions. How far they work or they may not work, cannot be said.
- Haresh Raichura