To contain crimes

The government at the Centre wants to enact stringent laws to contain sexual crimes. This idea occurred to it after the demands being made by the public and political parties in the wake of the sexual assault on a 23-year old girl student in Delhi. (Among these parties there is also the party whose government in a state had patronised dozens of crimes of this very nature ten years ago). In the first phase the government would introduce more amendments to the Criminal Law (Amendment) Bill 2012 that was tabled in the Lok Sabha in the first week of December. The government has formed a three-member committee headed by former Chief Justice of India, Justice JS Verma to propose amendments. The committee has invited proposals from the public especially legal experts, human rights groups, non-governmental organisations and members of civil society; the proposals should reach the committee till 5 January 2013 on justice.verma@nic.in or through fax vide No. 011-23092675. The idea behind this move is that the existing criminal laws are insufficient to punish criminals; stringent laws would prove deterrent to them and thus crimes would be contained.

Human intellect is faulty
In this regard the first question is why it did not occur to them while devising criminal laws that these laws would not fulfil the needs of the future. It did not occur because human intellect is limited and faulty; it cannot visualize the future. Such laws are devised only by the being who is the creator of human beings. The second point is that there is no doubt that stringent laws and provisions create fear in the hearts of people provided they are implemented with utmost caution, honesty and courage. And here is and always has been the lacking of all three features. Then many people are raising a question whether stringent laws especially capital punishment can really help contain crimes. This question is being raised because there is no effective power of implementation behind these laws. Mischief-mongers think of ways to violate laws even before enactment of laws. They can cheat even courts of law. They can also evade police (or the police compromise with them, and, in certain circumstances, protect them). Everything is easy in this corrupt system; here is the rule of wealth and power. Therefore it is difficult to say that the proposed stringent laws would do some good to society.

Do send proposals
But despite this proposals must be sent. Muslim scholars must do this work. While sending proposals they should tell Justice Verma that stringent laws can do nothing unless there is power of implementation behind them and this power of implementation emanates from the faith in monotheism and the Day of Accountability. Unless there is, in their hearts, fear of the Master of the Day of Accountability, and unless there is the belief that criminals can evade stringent laws, higher courts of law and a strong police system but they cannot keep from the sight and reach of the Creator and Master, people cannot stay away from committing sins (or crimes). – But before it there is something to do (which though is beyond the purview of Justice Verma) the government and the civil society put an end to the causes lurking behind these crimes. They are spreading like cancer obscenity, vulgarity, baring of women, semi-nudity, films, serials, newspapers and magazines displaying indecent fashion and waywardness. They also promote wine (the mother of evils) and other drugs which the government holds no control thereon, rather its police protect their merchants. Waywardness of the new generation. These are the sources of sexual crimes. Though there is no hope of any result of pointing out these facts yet the views of Muslim scholars must come to the knowledge of Justice Verma and his committee.  

01/ 01/13 khabar-O-Nazar by Parwaaz Rahmani, sehrozaDAWAT, translated by: Abu Yusuf

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