Thursday, 24 December 2015

I am NOT 16 can I rape?



Finally, the bill is passed in Rajya Sabha that juvenile delinquents above age 16 will be treated like adult criminals keeping the severity of their crime in consideration. 

Is this amendment a proactive action to lessen the growing rape culture in India?

As a clinical psychologist, I have my doubts about that.

The swiftness, severity, and certainty of punishment are the key elements in understanding a law’s ability to control human behavior.

Any crime should be seen in totality of the crime committed. Not just in the law books. When it is clear, visible, and objective that the crime committed was not the product of a juvenile mind but the product of a mind that is capable of premeditation, then the juvenile justice system must waiver the accused to the adult court.

And rape is one crime, which is ALWAYS PREMEDITATED. People can commit a murder in the spur of a moment, by mistake, but a person can’t commit a rape at the spur of the moment, by mistake. Therefore, the juvenile justice umbrella must be removed from law books in cases of coercive rape.

I don’t propose to lower down the age limit to 16. It doesn’t make any sense. Tomorrow, a boy of 15 years might commit a rape and we will start the whole circus again. My concern is not 18, 16, 12, 10, 8, 6, 4, or 2…

For rape, the juvenile justice system of this country must waiver the accused to the adult court.Waiver is the legal transfer of jurisdiction procedure over the juvenile offenders to the adult court for criminal prosecution.

And before the legal system starts the debate of statuary rape verses coercive rape, I want to clarify that here I talk about coercive rape ONLY. Now, if law enforcement agencies of this country tell me that they don’t have means to figure out the difference between coercive rape and statutory rape; then I advice the women of this country to stop paying taxes. Seriously, in that case, at the risk of sounding rude, I will say that the law enforcement systems behave inefficient in one of their core responsibilities, that is to understand the nature of crime.


If a person is adult enough tocommit the rape, the person is adult enough to take the punishment, period.



Kirtida Gautam is a clinical psychologist and author of the novel #IAm16ICanRape: The War Against Rape Culture. 

Monday, 21 December 2015

A day of shame and Injustice: The Juvenile offender of Nirbhaya rape case walking free with negligible punishment




It’s 2.30 am and I can’t sleep. Today is the day of shame. I failed and all the people who stood for Nirbhaya and demanded justice have failed. Today the Juvenile offender of Nirbhaya case is a free man of our country. And not only that, he would be given 10,000 INR once he is released. The money we paid as tax to the government, which should have been used for our protection. But instead it is given to the criminal who raped and tortured a girl to death in the capital of India. Why should any women in India pay tax anymore?

The statistics gathered by National Crime Records Bureau (NCRB) reveal that the juvenile crimes have increased significantly in last few years and it is still on the rise. Mumbai Joint Police commissioner Himanshu Roy emphasized on the fact during one of his interviews that the police faces challenges tackling crimes by minors. “Even 17 year old are aware that they are juveniles and take advantage of the fact saying you cannot take us in for questioning etc".
Some of the Human right activists claim that many of the juvenile offenders are grown-up in extreme situations, lack of parent support and healthy surrounding, and their minds are not developed. But I want to ask them, what about the crimes which prove that they were not the product of a juvenile mind. I also want to ask the Law-makers, who conveniently put this Juvenile umbrella on the head of such a wide population with the risk of them misusing it, why there are no special laws created when a crime is done on a minor. If you give negligible punishment to someone who committed a sever crime just because he was a minor, why the punishment is not doubled or the most severe and gruesome punishments are inflicted when the victim is a minor. India is among the list of top 5 countries for child abuse and yet again statistics prove that the numbers are on the rise. Also, in many cases minors are raped by minors. Who is the child now? One who is committing the crime or the one who is at the receiving end? We can’t live with a law that fails to look at a crime in its totality. We just can’t free someone in three years because he was few months less in turning eighteen when he lured a girl in a bus, raped her with his fellow culprits and brutally killed her.

Today is not the day we demanded the law to be changed and the juvenile offender to be treated like an adult in a crime as severe as rape. The youth of India was on streets demanding the juvenile to be waived to adult court in Nirbhaya rape case, but our voices were not heard, our demands were crushed.  Before the release of juvenile of Nirbhaya rape case, we just reminded the government that the justice was not served. But now the law-makers and government officials can easily say that he has already served his punishment and can’t be charged again. What about the fact that he was never charged fairly at the first place.

A man who raped and killed a 23 year old girl is walking free on the streets of our country with 10K in his pocket. He might be looking at your daughter tomorrow. Even if he won’t, the girl who is no more with us might be looking from the heaven at the person who killed her and thinking that I could have been walking on those streets, If only he wouldn’t have taken my life away.


I can’t sleep… it’s suffocating…how the women and children are getting raped every minute in our country and the officials of government are just looking at the law books and protecting the criminals instead of creating an environment where the fear of punishment in criminals is greater than the fear of the criminals in our society. 

Tuesday, 17 November 2015

5 PROACTIVE ACTIONS TO FIGHT RAPE CULTURE

5 PROACTIVE ACTIONS GOVERNMENT OF INDIA NEEDS TO TAKE TO ENSURE THE SAFETY OF WOMEN

HANGING 6 PEOPLE WON'T CHANGE THE MINDSET OF 1.252 BILLION PEOPLE

SAFETY is a basic human right. According to Article 3 of United Nations- Universal Declaration of human rightsEveryone has the right to life, liberty and security of person- Why the women in India have been deprived of this right?

There are 5 things INDIAN GOVERNMENT needs to do for half of the population of the biggest democracy of this world- INDIA.


1- Rape Crisis Centers: Rape Crisis Centers that provide quick, efficient and much needed medical and psychological support to rape survivors









2- Amendment of Juvenile Justice Law- The custody of juvenile sex offenders has to be waiver by Juvenile Justice System to adult court so a juvenile sex offender can be tried as an adult.









3- Teen Sex Education- India can't leave the sex education of its youth in the hands of television and film media wagon which sings and dances to the tunes,
"Main toh tandoori murgi hun yaar, gataka le saiya alcohol se."
These are the lines of a famous Hindi movie song which broadly means, "Women are like Tandoori chicken to be devoured with pleasure along with alcohol by men"










4- Raising Boys- The root of misogyny and patriarchy is deeply engraved at home in every Indian household where the MOTHER teaches her SON how he is SUPERIOR to his SISTER. The culture of misogyny starts at home. Teach the boys- DON'T RAPE not the girls DON'T GET RAPED





5- Mental Health Awareness- No child is born in this world to become a RAPIST. He takes a long route on his journey to become a rapist. A society that fails to pay attention to children faces a youth that CAN'T BE CONTROLLED.
No Indian wants to hear that s/he comes from a land of 100 rapes a day! 
NOW is the time to take a stand for a better India, a better World. 




Kirtida Gautam is a clinical psychologist and author of Dark and Gritty YA #iAm16iCan. Follow her on Twitter @KirtidaGautam  

Friday, 6 November 2015

DECEMBER 21st, 2015- Can Nirbhaya rest in peace?


On December, 21st, 2015, the Juvenile that raped and was responsible for Nirbhaya's death will be released from rehab center.
In 16th December, 2012, the woman who was full of life, who had worked hard to EARN respect was brutally attacked and left to die on the roads of the Capital of our Motherland India.
I don't believe that vengeance should be the goal of law enforcement agencies of any civilized society. NO. But I don't understand the apathy of the state in India which is not ready to accept the most basic thing about criminal behavior.
In any healthy society, the fear that criminals have of law has to be higher than the fear that the society have of criminals
In India, does sexual predators have that fear of state? Are they told by state, IF THEY WILL DARE TO RAPE, they will be punished and punished severely. Or are they told, YOU ARE JUVENILE BOYS- BOYS MAKE MISTAKE.
Sorry to MISINTERPRET the message of state, but to my ear, it's the later one. The state is not ready to look in the nature of SEXUAL CRIME and TEENAGE SEXUAL BEHAVIOR OF HUMAN MALE. Their law which provides CARE and PROTECTION to the underage criminal for crime such as rape is a JOKE.
I wish that brave soul, Nirbhaya, may rest in peace. But when the boy who played an instrumental role in ending her life will walk free from rehab. Will she rest in peace? I have my doubt.

Kirtida Gautam is a clinical psychologist and author of the novel #IAm16ICanRape: The War Against Rape Culture
Twitter @KirtidaGautam

Friday, 23 October 2015

3 OBJECTIVES BEHIND WRITING #IAm16ICanRape- War AGAINST rape culture in India



To me Nirbhaya is not a woman- out there- to me, she is ME- she is the women I care about.
I still remember while following the Delhi rape case, I read one day that the psychologist treating the juvenile said with pride, "He is improving in his behavior. He has learn how to make namak-para."
As a psychologist and a human my response was WHAT THE F#*K!
This man killed a human being and tortured her with brutality which animals also don't employ when they hunt a prey. And what an achievement of our society that he learnt how to make namakpara! Whoa! That is civilization!
It's this rage that has triggered my work IAm16 ICanRape.
I might be behaving too ambitious of me, but I really hope if enough voice is raised opinions change- SOCIETY CAN CHANGE.
I have exactly 3 objectives behind writing the book-
1- The Juvenile Justice System of India needs to be amended. If a person commits coercive rape (not statutory rape), the age DOESN'T have to be taken into account while giving him punishment. JJ court needs to waiver his custody to adult court so he can be tried at adult court.
2- There has to be more number of Rape Crisis Center in India with competent professionals, medical staff, psychologist, social workers, to handle and treat rape survivors.
3- Sex education needs to be made compulsory in schools and other academic places so that the youth doesn't get mislead in their understanding of what acceptable sexual behavior is. Today's youth hardly understands appropriate sexual behavior thanks to their exposure of extremely irresponsible media (films, internet and television)

Thursday, 22 October 2015

Save Him...Save Her


Have you met him in person? You got to see his eyes when he smiles genuinely. They twinkle. And he could make me laugh and how! He is not an evil force or a Satan. He is a regular kid from a regular home, matter of fact, exceptional in his abilities. He was not born to fulfill this destiny. He chose this destiny. I have thought at length why he did that. He did this because I as his father failed him. His parens patriae failed him. I can’t sleep with this burden on my head. I don’t know how the state manages to stay hibernated. I know I could not save her from him. But I also know I could not save him from himself.

Lisa Ginova, Neuro-linguistic programming and #IAm16ICanRape- War AGAINST growing rape culture in India.



Neuro-linguistic programming (NLP) says that as an evolving member of Homosapiens specie one should not reinvent the wheel all the time. One needs to figure out what someone who tried to do what one is trying to do did and then simply,
IMITATE
I plan to imitate Lisa Ginova, the author of Still Alice.

These are my reasons for this cyber stalking :)
  1. She comes from the background of neurosciences. She is not a typical author with graduation and post graduation in English literature but just like me, she is a woman who studied science and is passionate about writing. I am a clinical psychologist, who feels strongly against gender discrimination. 
  2. She started writing her debut novel because she felt strongly for a subject. She believed in the book even when people said that, “It is too depressing to read. Who wants to talk about Alzheimer’s disease?” I believe in my book #IAm16ICanRape- War AGAINST rape culture in India. It’s not fair to the women of my country where a woman is raped every 20 minutes that the state is completely oblivious to the status of growing sexual crimes. The lives of so many women/men can be saved only if the state starts paying attention.
  3.  She wrote the book Still Alice, stood by her book, did everything in her power to make it reachable to people. I too feel the same way about my book. It’s a book that needs to be read- NOT BECAUSE I HAVE WRITTEN IT- but because it affects the lives of many people. It is about a topic that is a taboo in my society and that denial is not doing any good to anyone. In order to change anything, the first and foremost step a society needs to take is to acknowledge the existence of certain things.

Indian government has been neglecting the elephant in the room.
But I want to stand up and shout from the rooftop even if I sound indecent that today in India any teenager who thinks-

#IAm16ICanRape is not dissuaded by its government to think otherwise. 





Wednesday, 21 October 2015

Rape? Who cares about rape?

Finally, a person comes who is supposedly to help me cope with psychological trauma of rape. The moment she opens her mouth, I know she doesn’t know a shit about rape. I feel sorry for myself that I live in a country where a woman is raped every 20 minutes and yet we don’t have any facilities to cope with what happens to these women. If a statistics will come that a citizen gets caught with a certain kind of physical disease, say a certain kind of cancer every 20 minutes, will we not build facilities in every health centre with most competent people serving in this facilities. But rape? Who cares about rape?

5 Months- Opinion Counts

They say that for authors books are like their children. I also know the gender of my book IAm16 ICanRape- a novel that raises opinion AGAINST rape culture in India. It's a daughter- it's a SHE.
My book went viral on 20th May, 2015. And in five short months, it has gathered enormous support from readers from all age groups, geographical regions and diverse backgrounds. I feel overjoyed that as an author I could give voice to the collective OPINION of men and women of my country (and my times, as readers outside India have also reacted very positively to the book).

Feminine Intelligence- Yin


Albert Einstein said, “The intuitive mind is a sacred gift and the rational mind is a faithful servant. We have created a society that honors the servant and has forgotten the gift.”
Intuitive Mind is the Feminine- Yin- Intelligence: Rational Mind is the Masculine- Yang- Intelligence.
In nature, they always works in harmony, creating pure bliss. Human society should have imitated nature. What we are doing in name of civilization is butchering of natural laws.
‪#‎OdeToKaizen‬
______________________________________________________
“You assign masculine quality to Aarush’s intelligence. But his intelligence is feminine in nature.” Samvedana says.
“Feminine intelligence?” I ask almost shocked. I had no idea intelligence have genders.
I try to understand what she mean, but I am clueless.
“Yes, he possesses feminine intelligence. You assumed that his intelligent is masculine because of his competence in maths and Physics. Here again, he reaches the same destination where you reach but he takes a different route. Where you see numbers, he sees patterns.”
Excerpt from IAm16 ICanRape

Sunday, 18 October 2015

Trance of Writing



Trance of Writing

It's my birthday today, and if I have to think about my achievements of last year, IAm16 ICanRape- novel is definitely the high point of the things I did. I was researching for this novel for past 2 years. To be precise, I started working on it on 14th September 2013.
And from the novel, the following lines are my absolute favorite. How did I wrote them?
I didn't write them. I transcribed them. It's almost like meditation. It's trance.
I thank the soul of universe to whisper it in my ears. Intuition is the most delightful moment of creative journey.


Mani Khanna, one of the brilliant blogger's, feedback on my book IAm16 ICanRape

Mani Khanna, one of the brilliant blogger's, feedback on my book IAm16 ICanRape. I feel blessed to have found the readers who relate to this novel.

Saturday, 17 October 2015

BIRTH OF THE DAUGHTER


There are many parents who get scared when a daughter is born to them. It is because they fear for the safety of the girl. Let me tell you something from my personal experience. It is no better when your son rapes a woman than when your daughter gets raped. It is equally painful, may be more.
~ Rudransh Kashyap. 
Excerpt from IAm16 ICanRape

Friday, 16 October 2015

LAW AND ORDER



I don’t consider myself above laws, I consider myself above principles. The problem with human society is that a bunch of stupidiotic social scientists get together, figure out some stupidiotic principles and start to call them LAWS. Ridiculous! As a matter of fact, it is beyond their intellectual capability to find out actual laws of nature. And yet, they push these PRINCIPLES down our throats calling them laws- LAW AND ORDER. My ass!

Aarush Kashyap

Excerpt from #IAm16ICanRape

Thursday, 15 October 2015

RAPE- VIOLENCE OR SEX... OR BOTH?

RAPE- VIOLENCE OR SEX... OR BOTH?
We are not ready to accept that rape is perceived differently in mind of a boy and a girl. In heat of our war of sexes, we want to call a rape- rape. But nature doesn’t understand politics, right?
Man thinks when he commits rape that he commits a sexual crime. Woman thinks when a man commits rape that he commits a crime of aggression. And both, I repeat, both are right in their beliefs. It is just that they see just one side of the coin. Rape is a sexual and aggression crime. Rape is a crime where sex is used as a weapon. You can’t take out the WEAPON part from rape, but at the same time, you cannot take out the SEX part from rape.
If we want man-woman to come to the same page on issue of rape, we need to teach the MAN, and not to the WOMAN, what rape is. He is the one whose definition needs amendment.

I stopped calling it a “book” and coined the name “volcano"

I stopped calling it a “book” and coined the name “volcano"
Thank you Srabanti Bhattacharyya for being such a sensitive reader and for letting me create a fictional world in the space of your mind.
One review of this nature is enough for a lifetime for an author. It's a moment when I don't want to say much, just want to BE.

Tuesday, 13 October 2015

Drosera Plant.



I am sure that this time they will amend juvenile laws. They can’t let these bastards walk with negligible punishment time and again. And this guy, he is a sociopath. I am not kidding. He is dangerous. I often think, if he is like this when he is barely 16, what he will become when he grows up. The thought gives me creeps. I have read in a book that statistically the earlier a criminal starts his delinquent career, the higher he goes in his career- like in any other profession. That implies that this whole juvenile umbrella is a stupid circus. The boys that get in shit early create much more shit later. I don’t understand a need of letting them walk almost scot free.
Excerpt from IAm16 ICanRape, a psychological thriller that questions Juvenile Justice System of India and raises opinion AGAINST growing rape culture.

Sunday, 11 October 2015

FORGIVENESS



The way crime and punishment is dealt in this county is intolerable. In the developed countries where they have much efficient law enforcement agencies; they don’t give this kind of umbrella to such a large population. Juvenile justice system waivers a minor to the adult court when it is clear that the crime is committed with an adult competence level.
Waiver means transferring legal jurisdiction over the most serious and experienced juvenile offenders to the adult court for criminal procedure.
But historically, India is a country that lives in a state of denial, be it about its sociological system or political system, or judicial system.
I can’t change every aspect of madness. I am not into law and law-making. I just know one thing that there are crimes which are too big to be seen from point of view of age. Some of the crimes are so big that they can’t even be overlooked with the clause of mental illness. A society needs to know when to forgive but it also needs to know when to punish.
~ Rudransh Kashyap.
Chapter- 7.1 Road to Trials
‪#‎IAm16ICanRape‬