Prashant Bhushan's explanation makes sense that it would apply only in the case of failure of action. But what constitutes failure to take action? There is clear disagreement between the Kashmir activists and Army on several rapes having happened at all. This cannot fixed by simply deciding guilt. I don't know what can be done, but there is clearly a need to do something, as it gets used as propaganda or a cover up (as the case may be - without assuming anything)
The kicker here is that why don't these rules apply to political parties, for example (or police, judiciary, bureaucracy). Rapes are not exactly unheard of in India. We have Coverups by every party. We have coverups by police. We have failure to take action. Why wouldn't people up the chain be party to the case in other organizations with far greater reach among civilians to do damage (and documented cases)?
We have BJP covering up tribal rapes in Chattisgarh, with Vibha Rao of their women's commission calling them consensual. We have C Manjula in Karnataka Women's Commission who blithely shrugged off the Mangalore molestation. We have a Congress leader arrested in Andamans for raping a minor (didn't even make mainstream headlines) even as the Delhi gangrape outrage was on. A judge is accused of molesting two women he was taking a statement from. And so on. In any of the cases, where is there any sign of anyone higher up having taken action (or any action at all?)
I think there is a need to negotiate these reforms with the Army rather than slap them on. But more than that, these recommendations should apply to every single organization. Organizations must not harbor criminals. Period. Don Bosco in Pune is pressuring a girl who filed a police complaint against its Vice Principal for molestation. The girl is under pressure to withdraw the case. Christian organizations are rallying behind the molester (he is a priest). The school accused that the girl hadn't attended school at all on the day, though police were able to prove it false through phone tracking records.
I fail to see why any organization of any kind must not have responsibility heading up the chain if they harbour rapists/molesters/pedophiles/any other criminals too.
Vidyut
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