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Who Is Reminding us that our Fundamental Rights are not available to us on certain Dates?

As a proud Indian, one thing strokes in my mind that, I should celebrate, Constitutional day or week (Samvidhan Diwas) marked every year on 26th NOVEMBER or Vijay Diwas celebrated as Victory day marked on 16th DECEMBER but on the contrary, we’re ending up looking, our Nation in terrified shock with such news which are making us shattered and breathless.

Can we ask ourselves that,  is our Fundamental Rights are not available to us on a certain dates, particularly on that date when the Constitution was adopted and provided to us ? And who are responsible for turning our celebrations into terror?

Having asked that, let’s consider some important dates, firstly On 26th of November, the most petrified day for Mumbaikars and for Nation, when the series of terrorist attacks took place in Mumbai which lasted for four days. Ironically, On that same date, Our Constitution Assembly of India adopted our Constitution.

Secondly, the day of 16th of December, the most terrifying gang raped which shook the  entire nation and known & marked as “NIRBHAYA CASE” and unfortunately on the same date, we celebrates as Vijay Diwas in the memory of Indo-Pak war of 1971.

Coming onto the same analogies of dates, recently on 26th November 2019, while the Nation was celebrating Samvidhan Diwas or Constitutional week, there were 5 terrified rape cases reported from across the country within one week.

  • First case: Dr.Priyanka Reddy, A 27 year old girl gang-raped and burnt alive in Hyderabad.
  • Second case: A widow women from Tamil Nadu was gang-raped by 5 men where one of the accused died by another rapist as they got in fight on their turn to rape the victim.
  • Third case: 11 year old girl abducted and raped by an Auto-rickshaw driver in Chandigarh.
  • Fourth Case: 14 year old girl was raped by 2 men in Vadodara.
  • Fifth case: 25 Year old law student was abducted and gang-raped by 12 men at gunpoint in Ranchi.

Thus, Isn’t all those Rapist must be hanged immediately rather providing them the chance to get acquit?

Can’t we ensure the Right to life of those victims by immediately punishing those criminal rapist who have no humanity or can we just shot them?

Unfortunately, the answer is big NO. Now question arises, who is coming in our way? who is stopping us from not taking a law in our hands to kill such culprits who are curse on their mother’s womb? You will be Shocked to know that, the same Constitution is coming our way to give instant justice because it says that every individual have a right to defend themselves. So, what shall we do now?

As a legal professional, I don’t posses any answer to this but as a Human and Citizen of India, I do have a right to choose a lives of those innocent victims over the lives of those Inhumans and criminals.

Are we making priorities by choosing which crime is more heinous and who should be hanged instantly? If the Justice is equal to all, then why is it so, that the protesters only fight and do candle marching for those lives of victim which media puts in lime light? What about other victims? What about those minors? What about those, whose life has just began? Do you still think that justice to one will be justice to all? No.

Whether the prevailing legal position our enough to provide justice to those victims? As per the prevailing law, all such heinous crimes impose a punishment of death penalty. Even a juvenile would be treated as major if he commits such crimes.

So, What’s the issue now?

Is Fundamental rights of accused is overriding the Fundamental rights of Victim?

Our main issue is INSTANT JUSTICE and JUSTICE FOR ALL and not only to those victims, we are aware of, but also for those unheard.

Above all, coming back to the question, Who is reminding us that our fundamental rights are not available on certain dates?

It’s upon all of us to think on this because I heard about Cartelisation in business, not in heinous crimes such as rapes.

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