Shiney Ahuja and his Bail Application
I have been consciously avoiding this topic as it has been milked dry by both the visual and written media due to the perpetrator being an upcoming movie star. With the DNA forensic results out in the open, it will be very difficult to get bail as the results have conclusively proved that Shiney Ahuja’s stars and a lot else are not shining any more. Kudos to his wife for standing up for him unflinchingly, showing faith in her “Man” – but a lot of introspection would probably be required on her part to realize for herself why her “Man” has done what he did.
The bail petition which has been put up by Shiney’s lawyer talks of four grounds on which he should be granted bail – a) he has no criminal antecedents, b) hails from a good family, c) his career is at stake and he has two upcoming film shoots next month, d) consensual act cannot be termed rape. After the DNA test reports are out, there is no reason why he should be granted bail as the law should be equally applicable to all (I know it is wishful thinking in India, but still…) – the test reports conclusively prove that the act was indulged in, the injuries on both the persons prove that it was not consensual as claimed by Shiney.
Let us go through each ground for bail – no criminal antecedent – yes it is a ground for bail but not in a violent crime like rape – a first time offence indulged in violence which included violation of the victims’ human rights, specially of a person who is a domestic worker and a teenager to boot with her whole life ahead of her. This was a pre-meditated act of a person who has probably been frustrated over time – so even a first time offence should be looked at severely due to the nature of the crime. The second reason cited does not hold any legal grounds for granting bail – it is a tragedy that a good family has given birth to a person who could carry out such a bestial act! I feel sorry for the guys parents, wife and kids. The third reason granted is the most arrogant of them all – his fledgling career could suffer and he needed to complete his films. The films can go for a toss if you ask me – the producers can surely find a replacement for him – I do not know which heroine would want to act opposite such a guy knowing that the guy had recently raped a helpless domestic. The last reason has been proved invalid with the forensic report on the DNA analysis!
The arrogance of people with money and some kind of clout was on display all along, with his wife claiming that her husband was a good guy and was lured into a honey trap and raped by the domestic! This was the most ridiculous reason given – she most likely was in denial – and wanted to show public support – this I can understand but in doing so she was painting her husband as the victim and the helpless violated victim as the criminal. Earlier, during interrogation in police custody, the actor allegedly broke down after the medical reports confirmed that the maid has been raped. “The maid resisted but I forced her into it. I told her that she should stay mum. I was confident that she would not tell anyone of the incident and I was ready to give her whatever she wanted to make sure that she would keep quite. I have made a grave mistake," Shiney had confessed.
In my opinion this sorry episode should be got done and over with as soon as possible with justice seen to be done and the victim compensated. This should be made a fit case for the rights of women in India – and justice should be seen to be delivered. I cannot imagine the plight of the girl – knowing India and the society we live in she will most likely be ostracized by her own people instead of being supported. Being from a poor family, it is most likely that she may be asked to withdraw her complaint for adequate monetary compensation which will be taken away by parasitic members of her family. She will most likely end up being further abused and violated by male members in the vicinity of her residence as they would probably think that she is easy taking. I am sorry if I am saying this, but it is the truth, the convoluted male mind thinks like this. Nobody talks about the rights of the victim, unless the victim comes from a good family and has the clout to demand justice – let the courts make this a show piece event and ensure that the girl gets justice and the perpetrator is punished in a way which will deter people contemplating such crimes to desist from going ahead! This could be a REAL – “reality show” with serious issues at stake
The bail petition which has been put up by Shiney’s lawyer talks of four grounds on which he should be granted bail – a) he has no criminal antecedents, b) hails from a good family, c) his career is at stake and he has two upcoming film shoots next month, d) consensual act cannot be termed rape. After the DNA test reports are out, there is no reason why he should be granted bail as the law should be equally applicable to all (I know it is wishful thinking in India, but still…) – the test reports conclusively prove that the act was indulged in, the injuries on both the persons prove that it was not consensual as claimed by Shiney.
Let us go through each ground for bail – no criminal antecedent – yes it is a ground for bail but not in a violent crime like rape – a first time offence indulged in violence which included violation of the victims’ human rights, specially of a person who is a domestic worker and a teenager to boot with her whole life ahead of her. This was a pre-meditated act of a person who has probably been frustrated over time – so even a first time offence should be looked at severely due to the nature of the crime. The second reason cited does not hold any legal grounds for granting bail – it is a tragedy that a good family has given birth to a person who could carry out such a bestial act! I feel sorry for the guys parents, wife and kids. The third reason granted is the most arrogant of them all – his fledgling career could suffer and he needed to complete his films. The films can go for a toss if you ask me – the producers can surely find a replacement for him – I do not know which heroine would want to act opposite such a guy knowing that the guy had recently raped a helpless domestic. The last reason has been proved invalid with the forensic report on the DNA analysis!
The arrogance of people with money and some kind of clout was on display all along, with his wife claiming that her husband was a good guy and was lured into a honey trap and raped by the domestic! This was the most ridiculous reason given – she most likely was in denial – and wanted to show public support – this I can understand but in doing so she was painting her husband as the victim and the helpless violated victim as the criminal. Earlier, during interrogation in police custody, the actor allegedly broke down after the medical reports confirmed that the maid has been raped. “The maid resisted but I forced her into it. I told her that she should stay mum. I was confident that she would not tell anyone of the incident and I was ready to give her whatever she wanted to make sure that she would keep quite. I have made a grave mistake," Shiney had confessed.
In my opinion this sorry episode should be got done and over with as soon as possible with justice seen to be done and the victim compensated. This should be made a fit case for the rights of women in India – and justice should be seen to be delivered. I cannot imagine the plight of the girl – knowing India and the society we live in she will most likely be ostracized by her own people instead of being supported. Being from a poor family, it is most likely that she may be asked to withdraw her complaint for adequate monetary compensation which will be taken away by parasitic members of her family. She will most likely end up being further abused and violated by male members in the vicinity of her residence as they would probably think that she is easy taking. I am sorry if I am saying this, but it is the truth, the convoluted male mind thinks like this. Nobody talks about the rights of the victim, unless the victim comes from a good family and has the clout to demand justice – let the courts make this a show piece event and ensure that the girl gets justice and the perpetrator is punished in a way which will deter people contemplating such crimes to desist from going ahead! This could be a REAL – “reality show” with serious issues at stake
Comments
very well written