'Modern system of young women dressed in temptational costume and other sex-prone exposure and over publicity in our newspapers are partly responsible for the molestation of women on account of temptation.'

Dr. Vaidyanathapuram Rama Iyer Krishna Iyer
Photo: The Hindu

V.R Krishna Iyer, eminent jurist, is a former Judge of the Supreme Court of India. Prior to his elevation to the Bench, he was a Minister in the State of Kerala in charge of Home, Law etc. He has authored over 70 books and was conferred with Padma Vibhushan in the year 1999.

Given below is his email interview with Nebil Nizar.

1.    Whether our streets are safe for women?

V.R Krishna Iyer: Our streets as on today are far from safe for women from molestation and violence.

2.    Do you agree with me if I say indecent self exposing dressing is the root cause of attack on women?

V.R Krishna Iyer: I agree that the modern system of young women dressed in temptational costume and other sex-prone exposure and over publicity in our newspapers are partly responsible for the molestation of women on account of temptation.  A more sober style of dressing will reduce the temptation for molestation.

3.    Do you believe that death sentence can stop this menace?

V.R Krishna Iyer: No.  I have explained this position earlier.  A legal murder in the shape of sentence will not abolish rape.  It is my view.

4.    How to deal with the victims?

V.R Krishna Iyer: An effective victimology by which women in lonely situation can be defended.  There must be an obligation for the state to provide police men in social situations where opportunities for molestation are likely to be exploited.

5.    How to deal with the offendors?

V.R Krishna Iyer: The police women must be more in numbers.  They must be armed adequately and must appear in social situations where molestation and terrorism can occur without being caught. In such cases liberal presence of police personnel will reduce offences against women.  In all cases where men are found guilty they should be subjected to castration or other physique processes reducing the temptation to violate womanhood.

6.    Congress prepared a draft Bill which proposes 30 years imprisonment and chemical castration in rare cases. How do you react to this?

V.R Krishna Iyer: My proposal is quite sufficient. Congress proposal is too severe.

7.    Chemical Castration as an alternative punishment was mooted by Your Lordship for the first time in India in 1979, then you said willing castration is a better recepie for this hypersexed human than outright death. Are you now ready to change 'willing castration' to 'forceful castration'?

V.R Krishna Iyer: I am supporting ‘forceful castration’ as an extreme punishment.

8.    Do you think castration would violate Art. 14 and 21 of the Constitution of India?

V.R Krishna Iyer: No, as a punishment it can be.

9.    Historically, castration as a punishment for rape has been banned in most democracies in the world; do you think imposition of castration in India would lower the image of India Internationally?

V.R Krishna Iyer: No, this would not do so. It is an alternative to death sentence.

10.  Does your prescription of castration change your thought from 'Reformative school of punishment' to 'Retributive School'?

V.R Krishna Iyer: No, it does not change.

11.  How the cop must change their attitude?

V.R Krishna Iyer: The court must be more concerned not about barbarity in punishment but reforming the criminal by a new system of education at schools and colleges, prisons and the professions.  In such manner that sex desire will be wheeled away.

12.  How the court must change their attitude?

V.R Krishna Iyer: The court should not focus on cruelty in sentencing but so psychically deal with the offending class as to minimize the inclination to violate the integrity of womanhood.

13.  What changes must be brought about to criminal law in India?

V.R Krishna Iyer: The penal law and criminal procedure are so dilatory and slow-moving that it takes long for a horrendous crime like gang rape to reach the final sentencing stage.  We must radicalize the whole process.  There must be a mobile police team which if a sex terror incident is reported in a newspaper or otherwise, they should not wait for FIR or other formality but should proceed forthwith rush to the spot, trace the vehicle or suspect, arrest and investigate at once, go to the court with a charge sheet and prosecute the case before a special court with a specially trained advocate and judge and seek an instant trial with immediate notice to the accused, quick hearing and sentence.  A quick offenses sex code must be enacted without permission or sanction or other delaying obstacles.  Otherwise the police prove insensitive, courts adjourn, and witnesses don’t turn up.  The court must go to where the scene or witnesses are and don’t wait—quick trial must be the mission.  Operative urgent disposal of sex cases of course with fair trial requirements complied with without delay is the need of the hour.

(Originally published at http://glctvpmlaw.blogspot.in/2012/12/modern-system-of-young-women-dressed-in.html)