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The sacred thread of Rakhi and our Hon’ble Justices

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It has been seen many times that our learned Indian diaspora of intellectuals, particularly them who are keepers of law, have treated our sacred traditions and festivals as a mere practice. They have always had this autism in understanding the faith and emotions behind our traditions.

This one is not a rarest phenomenon, but just an example of how they demean and malign our festivals. An attempt to rape accused is granted bail, on the grounds that charges could not be fully substantiated before law at the moment. Accused had already completed about two months in custody and there is no need to extend it more till the charges are proven. Since it has been seen in numerous cases that such accusations are proved false and the person who was falsely implicated was proven innocent, it seems logical also. Fine, nothing wrong with that. But what are the conditions that the accused has to fulfill? Given below, the exact words –

It is directed that the applicant be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437(3) of Cr.P.C.,

So far so good, right? but with following further conditions:

  1. The applicant along with his wife shall visit the house of the complainant with Rakhi thread / band on 03rd August, 2020 at 11:00 am with a box of sweets and request the complainant-xxxxx xxx to tie the Rakhi band to him with the promise to protect her to the best of his ability for all times to come. He shall also tender Rs.11,000/- (Rs. Eleven Thousand Only) to the complainant as a customary ritual usually offered by the brothers to sisters on such occasion and shall also seek her blessings. The applicant shall also tender Rs.5,000/- to the son of the complainant-Vishal for purchase of clothes and sweets.

Few other conditions are also there, which is available here in this judgement order – https://www.livelaw.in/pdf_upload/pdf_upload-379375.pdf

Now the points to ponder:

  1. From the aspect of said victim (since the charges are not yet proven false) – would she want to tie a Rakhi, which signifies the sacred relation of love between a brother and a sister, on the wrist of a person whom she is alleging tried to molest her? Would she want to accept a gift (of Rs. 11,000/-) on such a sacred occasion from such a person? Would she want her kid to eat sweets and wear clothes out of the money (Rs. 5,000/-) which was given by such a person? Did our hon’ble judges bother to even ask her this?
  2. From the aspect of accused (since the charges are not yet proven true as well) – Would the person like to give such respect, which he should give to a loving sister, to a woman who has falsely accused of molesting her? Even if he follows the order of the hon’ble court (which he has to anyway), would it command any respect in his heart for such a woman?

Dear hon’ble keepers of law, are Hindu traditions synonyms to the iron shackles in your books, which are used to restrict criminals from committing crimes? The Indian law is secular (that’s what you say, not me), would you give such a judgement is the case involved the other community (and by other- you know what I mean)? I guess not, and that has another reason as well, we all how they treat their sisters (need not be mentioned here to keep the decorum, I believe). So I suggest, you stick to law, and leave our sacred festivals and traditions to us.

(Thankfully, this judgement was overturned by the Supreme Court vide CRIMINAL APPEAL NO. 329 OF 2021)https://www.livelaw.in/pdf_upload/aparna-bhat-v-state-of-mp-168-390769.pdf

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