The Haryana sisters from Rohtak have said more eloquently what the society at large needed today. The actions of these girls from the hinterland have spoken louder than any words could have. The President’s medal for bravery which will be conferred on them on the occasion of Republic Day next year is a fitting recognition to these brave girls.
The two sisters Pooja and Aarti were travelling from Rohtak to Sonepat in a packed passenger bus on 30th November 2014, a journey that turned nightmare. They defended themselves against three molesters in the moving bus. When the molesters threatened to attack a pregnant woman co-passenger who dared to protest what was happening to the young girls , the two sisters whipped the three molesters with their belts. The video shot by the pregnant woman passenger brings more clarity to the issue of gender . When all these were going on, all other passengers sat mum perhaps allowing the goons to do as they pleased including the driver and the conductor of the bus. Haryana Chief Minister Manohar Lal on 1st December announced that these two girls would be honoured with cash awards on the occasion of Republic Day. According to Army sources, two of the three molesters, who had apparently cleared the physical test for the Army will be barred from joining the Army. Meanwhile the driver and the conductor of the bus were suspended by the State Government. I appreciate the nation for the decision to award the girls on Republic Day for their bravery. I also appreciate the CM of Haryana for his immediate actions against such incident.
However the said incident calls for introspection of citizen’s civil sense, one’s attitude of Vasudeva Kudumbakam or India as one family, or citizens as “brothers and sisters”. We see four type of persons here. The passengers who are indifferent and complacent, the driver and the conductor- negligent, the pregnant woman-a patriot or having civil sense and two victims fighting for their lives and human dignity.
The question is why are citizens so complacent and indifferent in such cases instead of rending a helping hand. When we were children in the schools we took pledge “India is my country, all Indians are my brothers and sisters”. If so why don’t we build up this attitude wider as we grow older?
We should have a strong education system. Attitude of love, respect, helping etc should be inculcated in the children from schools itself. Also there should be certain topics on law like, self defence in the syllabus. Our narrow syllabus of petty politics and religions should give way to national interest like patriotism and family spirit.
I salute the Rohtak sisters for their bravery. They have exercised their right to self defence. Every woman should follow their example in this regard.
Section 96 IPC (Indian Penal Code) states “Nothing is an offence which is done in the exercise of the right of private defence”. This right can be exercised when there is a reasonable apprehension of death or grievous hurt to the person or damage to the property concerned. First, one should recourse to public authorities. When there is no sufficient time to do so or there is no response from such authorities, one can exercise his/her right to self/private defence. (Puran Singh, 1975,CrLJ 1479 (SC)
One can exercise this defence (1) to protect one’s own body, and the body of any other person, against any offences affecting the human body.(2) To protect one’s property or of any other person, whether moveable or immoveable, in case of theft, robbery, mischief or criminal trespass, or an attempt to do so.
Right to private/self defence can be exercised even against a person of unsound mind. This right can be exercised when one’s life is in danger by such insane person.. (Ex: Z, under the influence of madness, attempts to kill A. Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane).
Section 100 of IPC states one can exercise private defence upto the point of death of the other in the case of such an assault that may reasonably cause the apprehension of fear of death, apprehension of fear of grievous hurt, apprehension of fear of committing rape, gratifying unnatural lust, in case of an assault with the intention of kidnapping or abducting and in case of wrongful confinement.
Ofcourse one cannot exercise private defence if there is sufficient time to inform the authorities and to get protection that his/her life will not be in danger. When a woman finds her life in danger she should exercise her right to self/private defence.
The heroic tale of the Haryana sisters needs to be re-told. It should be inserted in the national educational syllabus. Let every Indian woman follow the foot-step of these two sisters in bravery and self defece.
My Great Salute to them.