Delhi gang-rape: Disappointed Twitterati express anger over lax punishment

[Bang Galore]

Qualification is that Indian courts intervene only in 'fundamental features' of constitution. I don't think stuff like Juvenile age falls under that. Having said that no government is gonna reduce age terms for one case either- those are serious questions with serious consequences. In all likelihood the way this will be handled is to have him for 3 yeas and then pick him up for some trumped up charges later. His goose is really cooked.

It is not about juvenile law.It is about any retrospective use of a law to enhance punishment. That is expressly prohibited by the constitution & would fall under fundamental rights. That won't be allowed under any constitutional amendment. Laws can be changed, just won't apply to this chap.

On the issue itself, I believe that it is necessary to take a look at that law & keep an option open fora judge to order the trial of an juvenile above 16 as an adult if the crime committed warranted it. That is however different from this particular case. Subramanium Swamy has a case in the SC, it is quite an interesting take on the issue. He wants the law to be treated as incomplete because "it was drafted badly" and if the SC upheld that, then this case could conceivably be reopened. Extremely unlikely though.

 

[Guynextdoor2]

It is not about juvenile law.It is about any retrospective use of a law to enhance punishment. That is expressly prohibited by the constitution & would fall under fundamental rights. That won't be allowed under any constitutional amendment. Laws can be changed, just won't apply to this chap.

On the issue itself, I believe that it is necessary to take a look at that law & keep an option open fora judge to order the trial of an juvenile above 16 as an adult if the crime committed warranted it. That is however different from this particular case. Subramanium Swamy has a case in the SC, it is quite an interesting take on the issue. He wants the law to be treated as incomplete because "it was drafted badly" and if the SC upheld that, then this case could conceivably be reopened. Extremely unlikely though.

I agree that the SC must look into aspects of the case. But having said that in other cases there may have been compelling reasons to keep it at 18. Including overwhelming the jail system with cases of lesser seriousness. but that's for the SC to consider I guess. On an aside, swamy has lots of cases in court and I rarely take his POV seriously. He litigates every time some issue goes public.

 

[J-20]

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[Fattyacids]

Stupidity is no excuse. You know nothing of India other than what your tiny brain is capable of comprehending yet you see it fit to debate on the matter. Tells everyone here about your IQ. Constitutional amendments in India are reviewable by courts. Hence no amendment is possible.

Forget bananas, your brain clearly has not yet evolved to that level yet. should have read more on ex post factos laws and what it says about individual countries take on that. Especially India's take, the only relevant part. As also on amendments in India since you ran like a rat for that cover after I showed you the provision of the Indian constitution not allowing for even retrospective laws to provide for enhanced sanctions in a pre existing case. Keep running.

Indeed, stupidity is no excuse, even for the citizen of the country. Look at how conveniently you forgot that you were the one who confused your constitution with Ex post factos laws. More astounding is that the fact you failed to realize Ex post facto laws in allowed in India under PTCL Act 1978. If there is will to persecute a case, the courts can always make constitutional amendments. So I suggest you take more bananas and carry on your buffoonery.

 

[Bang Galore]

Indeed, stupidity is no excuse, even for the citizen of the country. Look at how conveniently you forgot that you were the one who confused your constitution with Ex post factos laws. More astounding is that the fact you failed to realize Ex post facto laws in allowed in India under PTCL Act 1978. If there is will to persecute a case, the courts can always make constitutional amendments. So I suggest you take more bananas and carry on your buffoonery.

Why advertise your stupidity? Always a problem when you are making quick searches about matters & countries you know nothing of. I made no confused statements, you simply lack necessary intellectual depth to comprehend. I pointed out that even when retrospective laws are possible in India, they expressly forbid its use in a criminal case which happened before the law was changed. The courts cannot make constitutional amendments, that is as dumb as it gets. The constitutional provision you seek to alter would be covered under fundamental rights which have been declared as inviolable by the Indian Supreme Court.

Forget the bananas,carry on.

 

[Fattyacids]

Why advertise your stupidity? Always a problem when you are making quick searches about matters & countries you know nothing of. I made no confused statements, you simply lack necessary intellectual depth to comprehend. I pointed out that even when retrospective laws are possible in India, they expressly forbid its use in a criminal case which happened before the law was changed. The courts cannot make constitutional amendments, that is as dumb as it gets. The constitutional provision you seek to alter would be covered under fundamental rights which have been declared as inviolable by the Indian Supreme Court.

Forget the bananas,carry on.

The bananas are for buffoon, they are good for your amnesia. Didn't you argue Ex post factos laws is not possible in India? Now you are arguing even if it is possible.....blah blah blah....Your judicial is just too incompetent to make amendments. Now take more bananas.

 

[Bang Galore]

The bananas are for buffoon, they are good for your amnesia. Didn't you argue Ex post factos laws is not possible in India? Now you are arguing even if it is possible.....blah blah blah....Your judicial is just too incompetent to make amendments. Now take more bananas.

This was from my post #17

.Even when retrospective laws are possible, criminal convictions are not. Simply cannot be done. Not in criminal law. Not to convict one individual.

Amnesia? or plain inability to comprehend? Maybe the next time you should actually bother to read a post before rushing in with your rubbish.

Judiciary cannot make amendments... doesn't get more stupid than that. I'm afraid there are not enough bananas in the world to make your brain understand even simple facts.

 

[Mugwop]

Female infanticide is a problem worse than rape in India. I am not trying to have a go at anyone but I am concerned why no one seems to talk about it. I only heard 1 indian actor talking about it.

 

[Roybot]

Female infanticide is a problem worse than rape in India. I am not trying to have a go at anyone but I am concerned why no one seems to talk about it. I only heard 1 indian actor talking about it.

Don't blame everyone else for your ignorance.

 

[Aka123]

I am angered and dissapointed!! But won't comment here, as I see the existence of some bigtime trolls here.

 

[Mugwop]

Don't blame everyone else for your ignorance.

I didn't blame anyone dude,I was just asking a question and forgot to add a question mark at the end which was my mistake.No need to get worked up. My question was for every member here.

 

[Bang Galore]

I didn't blame anyone dude,I was just asking a question and forgot to add a question mark at the end which was my mistake.No need to get worked up. My question was for every member here.

If that was a serious question, you could look up how seriously it is taken in India. There are laws to prevent sex determination with any doctor caught doing it could end up in jail for a very long time. Hardly something which no one is talking about, is it?

 

[Mugwop]

If that was a serious question, you could look up how seriously it is taken in India. There are laws to prevent sex determination with any doctor caught doing it could end up in jail for a very long time. Hardly something which no one is talking about, is it?

When I said "no one" I meant no one here,However I appreciate you answering my question.If you want to have a discussion on this more we could have it on some other thread but I don't wanna further derail this thread anymore.

 

[Bang Galore]

When I said "no one" I meant no one here,However I appreciate you answering my question.If you want to have a discussion on this more we could have it on some other thread but I don't wanna further derail this thread anymore.

I'm open to any discussion except one where the intent is primarily to abuse the "other". These type of topics are too serious for most posters here. However if you do start a thread & want me to participate, feel free to "mention" me.

 

[mike.hassan]

sad....really sad! we also had a case here in Pakistan, not as hideous and brutal as this incident of rape, but there was a minor who murdered a guy of his age for no reason, this case is famous by the name of "Shahzaib murder case".....main suspects in this murder case, were handed death sentences by an anti-terrorism court! and Yes! his case was heard at ATC.