Tamil Nadu’s Goonda Act –High Court suggests caution

August 22, 2014 at 3:04 pm | Posted in Uncategorized | Leave a comment

Administrative overreach puts personal liberty in peril.

How does the law deal with a young man who
a. Molests a young lady in a over-crowded bus. He has done this offence for the first time in his life.
Or
b. Sends a lewd message to his heart throb, or sends a vulgar abuse to a politician, again for the first time in his life.
Or
c. Molests a child with sexual intent for the first time in his life
Or
d. Indulges in sex with a person of the same sex

There are penal provisions under the IPC for each of the above offences. Police is empowered to arrest the offender, investigate the crime, prosecute him, and ensure his conviction through a court of law. The laws have been progressively strengthened in recent times to ensure the offender does not get away on technical grounds. The gaps in the law pertaining to sexual attacks on women have been made tight by clearly describing what constitutes molestation, rape, voyeurism etc. With all the escape routes closed, the police and the courts can now dispense speedy punishment to the guilty, if they show due sensitivity to the victim and try to finish the trial speedily.

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