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Why unequal Justice for India’s Poor?

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  • Why unequal Justice for India’s Poor?

    Why unequal justice for India's poor? One explanation:they are considered by some elites to be the parasites of their own society and should disappear altogether.
    Pity on the poor Indians.

    =====================

    When Vandana Sarkar, an impoverished migrant worker, went to the police in October to report that her 20-year-old daughter was missing, she recalled Friday, officers laughed and said, “Why do you people have so many children if you can’t look after them?”
    Their casual response should not have come as a surprise. At least 30 other sets of parents had reported children missing from the same slum area in Noida, an affluent suburb of Delhi, over recent months. Some say they were dismissed as “drunken trouble-makers.” Others claim officers refused even to register their complaints.

    It was only when 17 chopped-up bodies, most of them belonging to children, were found in the sewers behind the home of a wealthy local resident on Dec. 29 that the Noida police were finally stirred into action.

    What seems clearly a case of serial killing on the fringes of the capital has become a national scandal, with public horror at the brutal details interwoven with outrage at the police department’s failure to investigate.

    That India has a two-tier justice system is nothing new. Only widespread protest drove the courts to order a retrial for a rich young man acquitted in February of fatally shooting a model at a party in 1999. In December, the accused, Manu Sharma, was found guilty and sentenced to life in prison.

    And when the 3-year-old son of an Indian executive disappeared near his Noida home in November, it was instantly national news. The police immediately began a huge hunt, found the abductors and returned the child to his distraught parents.

    But the case of the dead and missing slum children has provided a brutally stark example of how the law does not work for the marginalized, shocking even the most jaundiced observers of the nation’s legal processes.

    The bags full of dismembered body parts found on Dec. 29 were pulled one by one from an open sewer behind a whitewashed two-story house belonging to Moninder Singh Pandher, a businessman. He and his servant, Surender Kohli, were arrested and charged with kidnapping, raping and killing the victims, some reported to be as young as three.

    A police spokesman told the news media the next day that Mr. Kohli, when confronted with photographs of some of the victims, confessed to having killed 10 women and 5 children. Mr. Kohli said that he and Mr. Pandher had lured some of the victims into the house with toffees and chocolates, the police said. The Noida police chief, R.K.S. Rathore, said that other victims were young women who were offered jobs at the house.

    The officials said that according to Mr. Kohli’s confession, the two men sexually abused their victims, then strangled them and chopped up their bodies, concealing the remains in the drains. An autopsy report said the bodies were sliced with “butcher-like” precision, Agence France-Presse reported.

    Neither suspect has spoken publicly but Mr. Pandher’s son, Karan Pandher, warned against prejudging his father. “He is just a suspect,” Karan Pandher told reporters on Saturday, Agence France-Presse reported. “He is not a monster.”

    The police said the body parts included 12 skulls belonging to children and 5 belonging to adults. Thirteen of the dead were quickly identified. Mrs. Sarkar’s daughter was one.

    The sluggish police response to the disappearance of dozens of children has horrified the nation as much as the crime itself. Residents said as many as 38 children have been reported missing over the last two years from the slum, Nithari, but that the police recorded only 19 cases, according to Indian news media. Many parents, the reports said, were told their children must have run away.

    Groups like India’s National Commission for Women were disturbed by reports of women disappearing from the Noida slums as early as August 2005. Nirmala Venkatesh, a commission member, was working with six families missing daughters, none of whom had managed to persuade the police to investigate.

    “The police system failed,” she said. “They were ignorant, they were careless.”
    On Wednesday, the national government opened an inquiry into the police failures. The next day, six policemen were dismissed for failure to investigate reports of the missing children, accused by the state government “of dereliction of duty and gross negligence in responding to complaints made by parents of missing children.” Four other officers were suspended, and widespread condemnation is growing.

    “There was shocking inaction,” Ved Marwah, the former Delhi police chief, said in a television interview.

    The Asian Age, an English language daily newspaper, condemned the police for turning away the missing children’s parents “with contemptuous disdain for two long years only because they were poor villagers with no influence of any kind, political or otherwise.”

    Hundreds of angry Nithari residents have been protesting all week in the street where the bodies were found. On Monday, they stormed past the officers guarding the house and broke into the premises, pelting neighboring houses with stones.

    Now, barricades have been erected near the house, and relatives of the dead wait alongside protesters for more news. Parents with missing children also come, trying to establish whether any of the unidentified victims might be their child.

    A woman named Dayawati, also from a nearby slum, came holding a black-and-white passport photo of her son, Vipin, 16, who has been missing for four months. “When I told the police he had disappeared, they told me to look for him myself,” she said. “Things would have been different if I’d been rich. Then I could have bribed them to make them investigate.”

    For Mrs. Sarkar, as for so many bereft parents, the furor comes too late. She said she had described to police officers the yellow suit her daughter Rupa was wearing when she went out to work early on Oct. 5, 2006. The clothes, she said in an interview, were found in the sewer, in a bag alongside body parts.

    Brandishing a state government check for 500,000 rupees — roughly $11,300 — in compensation, she said: “My child’s life is worth more than this. It’s as if they want us to keep quiet — but I’m not going to remain silent.”

    The money, she said, could help look after Rupa’s 18-month-old son, Amit. But, she said, as a migrant worker from East Bengal with no identity papers, opening a bank account is nearly impossible and she does not know how to go about cashing the check.

    Before her daughter disappeared, Mrs. Sarkar said, she walked with her every morning past the house where the two men charged with the murders lived. The two women worked as maids at nearby houses.

    It is just a 30-second walk, but it crosses the divide between the India of the excluded and destitute, and the India of the privileged elite. The extended Sarkar family shares one large wooden bed, which takes up most of a tiny rooftop room in the heart of Nithari. Neighbors live less well: in mud huts, straw houses and shacks made of plastic sheeting and corrugated tin, breathing in the stench from a vast rubbish dump where cows and pigs forage.

    Beyond the open sewer, across a makeshift bridge made of discarded metal pipe, is the tree-lined street where Mr. Pandher and Mr. Kohli lived. Here a dozen new houses flaunt their owners’ recent wealth, acquired in India’s booming economy, with displays of extravagant architectural fancy: large, arched windows; verandas with elaborate wrought-iron railings; and marble-fronted buildings. The entrances are blocked from public gaze with high gates, and guarded by watchmen.

    “I never saw anyone in that house,” Mrs. Sarkar said. “I only know that rich people live on that street.”

    It was only when she watched police removing body parts on her way home from that day in December, and heard about the killings, that she understood what had happened to her daughter.

    “Where was the help when I needed it?” she said. “No one would listen to me. The police officers looked at the photograph of my daughter and said: ‘She looks so beautiful. She probably eloped.’ No one ever bothered to come to my house to follow up on the case.”
    New York Times
    A case of a serial killing of slum children has provided a stark example of how the law does not work for the marginalized in India.
    Last edited by Agra; 01-08-2007, 04:43 PM.

  • #2
    Law is the same for all

    CALL IT A coincidence or a rare constellation of stars, three Indian top guns are in the conviction soup. One a successful Bollywood star, the second an ace former Test cricketer and the third a Union Minister. Common to the three celebrity personalities is crimes committed years back and they moving ahead from the points of criminal transgressions to reaching newer orbits in their respective fields — cinema, sports and politics. While star Sanjay Dutt made us forget his involvements in the ’93 Mumbai blasts with his powerful Munnabhai roles; Sidhu eclipsed the parking lot fiasco in which he punched to death Gurnam Singh with his ebullient broadcasting wisecracks and telly show appearances; and Sibu Soren hid his killer’s face behind the highest power aggrandizements.

    As time rolled and they moved on in life, the villains of the moment wore mantles that slighted their committed crimes — now legally established. Who would not defend Sanjay Dutt and feel the pinch of the harshness of his life? Who would see Sidhu as a murderer after all the wittiness he has shown after his cricketing accomplishments? Post crime, they added on to their personas, which belittled the deed.

    The paradox here is apparent — should a crime of yesterday be punished even while the accused has evolved out of the earlier damning situation? Legally, a crime is seen always as a crime and judgments are delivered on the basis of the time-frozen facts. Significance of personas outside the frame of the crime is never considered, though its may influence the court arguments and the verdicts.

    I am reminded of a real-life based powerful movie, Sleepers, I saw years back. It showed how one moment in life could become defining for the entire life. The central theme of the movie is that there is no running away from a blundering moment, which returns to haunt the rest of life. Sleepers narrates the story of three young boys in a town of miners. They, on one bad day, carry out a prank of stealing hotdogs from a cart vendor. While chasing the boys, the vendor fatally stumbles with his cart in a subway. The boys are convicted and sent to jail where they discover horrendous realties. They are out as grown-ups, completely shorn of their boyish innocence. That one moment of prank changes the entire course of their life. In the eyes of the law, that prank-led killing was a crime that couldn’t have gone without a fitting punishment. But Sleepers tells us the devastation that the punishment caused. For those who hold punishment as a social deterrent, will find nothing wrong in the sentencing. But those who see punishment as a reformative method will see all that is amiss with the jurisprudence.

    It isn’t easy to bolster any one side of this argument applicable in the three celebrity cases, as both sides have compelling reasoning. If there is an outpouring of public sympathy for Sanjay Dutt on the one side, there is the irrefutable fact of he having possessed AK-56 and a pistol delivered by the D-company’s henchmen who ripped Mumbai in ’93 serial blasts. More than that, the extent to which efforts were made to destroy the evidence — the gun — with a gas cutter, have been seen as a crime for which he has got away lightly from the TADA court, which convicted him under the Arms Act, but cleared him of the conspiracy charge. But when you look at Sanjay outside the facts of the case — his troubled life and his tremendous recent films — you are inclined to say: “Why, why of all the persons he has to go through all this?” You are stuck between life and law. It raises questions that are not easy to resolve.

    Turn next to Navjot Singh Sidhu. So many images of his are etched in our minds — of his classic stepping outs to loft the ball out of the fence; of he pulling out a forgotten proverb to round up a cricketing point in fellow commentators’ company; he explaining to the audience the fineries of the day’s game in the evening channel shows — so much that the tragic fisticuff in the parking lot pales into insignificance. But, can that be overlooked — the fact that the rage deprived a family of a breadwinner? Also, on the other hand, shouldn’t conviction be based on a lenient view since the killing wasn’t intended and the cricketer isn’t a history-sheeter? Sidhu faces the Sleepers’ irony — that one moment of blunder may taint his entire life.

    Shibu Soren, the third of the celebrity convict, is in another category. Despite his sage-like beard, his forlorn looks and mass tribal followings in Jharkhand, he conspired and got liquidated his secretary, Sashinath Jha, in cold blood in 1994. From that point of considered crime, he went on to secure more political plums and a Cabinet berth in the Central ministry. Politicians, as it is, arouse feelings of contempt and the double taints of Soren — of accepting defection bribe to rescue the Narashimhrao’s government and the murder of Sashinath — have ensured he is not seen in the same grand light as Sanjay Dutt and Sidhu. His is not a Sleepers’ character. For, he has plotted willfully to achieve the next political target. He has been held guilty for one moment of mistake, but he has gone unquestioned for other unknown crimes. Saga of such politicians is often a saga of crime. And, if it is being raised that he has got away lightly with a life sentence — and not the death sentence that the CBI was pushing for — it seems valid.

    The conviction of the three celebrities raises legality aspects that cannot be overlooked — of course, differently in each case.

    -------------------------------------------------------------------------
    Law is the same for rich or poor, no matter what the others try to portray. Justice doesn't mean living live under the fear of secret police
    I 'll show u a new world!

    Comment


    • #3
      When the poor family of victims approached the police, here were some typical resonses:
      They were dismissed as “drunken trouble-makers.”
      Officers refused even to register their complaints.
      Officers laughed and said, “Why do you people have so many children if you can’t look after them?”
      Officers told him to look for the victim by himself.
      Officiers suggested that his/her pretty girl might have eloped.

      And when the 3-year-old son of an Indian executive disappeared near his Noida home in November, it was instantly national news.


      This is how the laws in India are implemented.

      Comment


      • #4
        WASHINGTON – The biggest cover-up in the long parade of Clinton scandals was probably the sell-out to the communist Chinese. Harry Wu had a front-row seat on that tragedy, from the inside of Chinese labor camps.

        In his book “Troublemaker,” published by NewsMax.com, Wu compares those living hells (or laogai) to Hitler’s concentration camps.

        The trade with China, paid for by Americans who are finding it harder and harder to find merchandise they want that does not bear the “Made in China” label, was already in force when the Clintons came to Washington. After they saw the political benefits to be had for selling out, the relationship took off like a rocket.

        Thanks in large measure to the Clinton White House's cover-up, we do not know to this day the full story of Chinese espionage that enabled them to gain access to U.S. nuclear weapons know-how through the theft of highly sensitive classified data on sophisticated warheads or the missile-related technology that was compromised.

        But Harry Wu saw the Clinton/Beijing relationship from a deeply human perspective: the blue uniforms and shaved heads in Chinese prison camps.

        For years, he had been one of the estimated 50 million blue uniformed “troublemakers” who had worked in the camps under totally inhumane conditions. Some of them literally worked themselves to death.

        The forced labor had turned out for the American market such items as rubber-soled shoes, boots, kitchenware, toys, tools, men’s and women’s clothing, and sporting goods.

        What really bothered Wu was that in 1992, candidate Bill Clinton had criticized the first President Bush for being too lenient in regard to China’s human-rights behavior. Yet in his first year, he renewed China’s trade benefits. True, he attached some strings to the deal, including insistence that China abide by a 1992 agreement banning the export of prison labor products to the United States.

        But much of China’s forced labor is carefully hidden from the Western World. A 1992 “white paper” issued by the Chinese regime in defense of its labor camps raised more questions than it answered, as far as Wu was concerned.

        For example, he asks, “[W]hy do they put phony names on their prison camp factories, as if trying to conceal the profitable use of forced labor?”

        At one camp of lost souls hunched over their machines, stripped of their identities (in some cases for decades), the security officer was asked if he could guarantee the quality of his products.

        “No problem,” he answered. He then cited an example of a German manufacturer who bought steel pipes from the camps, and labeled them as being made in Germany. So the products were good enough for the Germans. “How about that!” he marveled.

        'Getting Wise'

        A manager at Shanghai’s Laodong Machinery Plant, where hand tools were made, boasted that because the U.S. Congress had recently made “quite a fuss” about the prison camps, he and his bosses had devised a way to get around the problem.

        “We always go through the import-export company,” he said, meaning they set up companies to handle the shipment of goods. That way, as Wu explains it, “nobody quite knows where the goods came from. These guys were getting wise to the ways of the world.”

        This wording in a law on the books in the U.S. for decades specifically forbids the importation of products made by slave labor. Wu cites a little-known section of the 1930 Smoot-Hawley Law. That controversial measure is widely known for having imposed a high tariff in an attempt to protect American jobs during the Great Depression. Critics say it made the Depression worse.

        The tariff section of the law was changed by the Reciprocal Trade Act of the 1930s. But the anti-slave-labor section is still “the law of the land.” It specifically bans importing anything made by forced labor. Its final paragraph reads, “Forced labor, as herein used, shall mean all work or service which is exacted from any person under the menace of any penalty for its nonperformance, and for which the worker does not offer himself voluntarily.”

        The law is routinely violated or circumvented, in part because of devices used by the Chinese (such as those cited above) to hide the true origins of the products, but also because of political pressure on politicians here at home not to probe to deeply into the matter. As Wu bluntly puts it, “Many American business people do not know - or do not want to know — the implications of purchasing forced-labor products.”

        When the Clintons ascended to power in the White House, ignoring those “implications” became de facto policy in Washington. We will discuss that next.

        -----------------------------------------------------------------------
        country of slaves- china
        I 'll show u a new world!

        Comment


        • #5
          India: Country of parasites according to definition of Neo.

          Comment


          • #6
            Originally posted by Agra
            India: Country of parasites according to definition of Neo.
            wrong: china is the country of parasites as per me. parasites are organisms that survive on other organisms. communism == parasitic behaviour.
            any person with political knowledge will understand that.

            india doesn't promote parasites because its a capitalistic country. here people earn what they are capable of, unlike china where the government takes away from the intelligent and throws that to brainless creatures who can't survive on their own.

            thats herbert's spencer's theory not mine ( don't know if u guys know who he was)
            I 'll show u a new world!

            Comment

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