Killing of elephant in Kerala, India with explosive laden fruit causes death of the pregnant elephant.
Killing of elephant in Kerala, India with explosive laden fruit causes death of the pregnant elephant. This incident has prompted a wave of national outrage across India. Many artists are expressing their pain for this murder through their paintings and sketches. Whole India is together against this practice and criticize it strongly.
Whereas,some evil minds have moulded the situation, and are stating on social media “we cry for a pregnant elephant but we don’t have empathy for pregnant women.” The women mentioned in this is “Safoora Zargar.” She was arrested in April, 2020 for conspiracy in Delhi riots which lead to more than 50 casualties and injuries to many, also huge damage to public property. Yes, she is pregnant but that does not change the fact that she is also an accused. A criminal remains a criminal and deserves punishment.
She sent a Petition to court for Bail but it was rejected later. As per the provision of Sec.339 of IPC, causing wrongful restrain to even a single individual is a penal offence. Section 141 clause 3 provides that any assembly of five or more persons is designated as ‘unlawful’, if its common object is to commit any offence.” Quashing her petition judge also mentioned, “When you choose to play with embers, you cannot blame the wind to have carried the spark a bit too far and spread the fire. The acts and inflammatory speeches of the co-conspirators are admissible under the Indian Evidence Act even against the accused.”
Let’s look at a Case Law I have gone through in my research. The person in this case is also a woman who was 2 month pregnant- Nalini Sriharan and for a crime, she was sentenced for lifetime imprisonment. She was one of 5 convicts of Assassination of PM Rajiv Gandhi. Despite, she was pregnant she gave birth to her child- Athira in jail and serving jail term for over 28 years and has never availed ordinary leave of a month available to convicts serving lifers. Her daughter is now doctor in UK.
Also, Nalini is probably a longest serving woman prisoner in the World. She once talked about her conditions in jail. Disrobed, punched in the chest, asked to make love with her husband in front of others, threatened with gang-rape by policemen, chained and kept in a 5X5 room for weeks and going through every possible third-degree torture in custody. Her pregnancy survived all this. Can you imagine this!?
After reading all of it one thing was on my mind that this Wonder Women is still alive and going through her lifetime imprisonment sentence. When she went through all of this brutal torcher then Safoora must learn from her and obey the constitution and the judiciary. Moreover, yes she has committed a crime but by learning from Nandini’s condition the court and jail authorities must ensure that Safoora and her Baby is secure by giving her special care till the time she needs. But, there is no comeback and bail is not a solution. If she gets bail it will become a trend for more conspirator women out there.
Is it right to compare an innocent pregnant elephant with a pregnant criminal woman?
Advocate Nivesh Sharma in his interview talks that any law student should start developing his/ her skills from the first semester itself. He said that gaining experience is the only asset which can build any person future. Running behind money can give you happiness, but knowledge can grant goodwill and pleasure both. Every law student should work from the ground level, i.e. from Non-Governmental Organizations to Supreme Court; there should be steps identified by every person. Doing a large number of an internship is not vital for success, but doing the internship and gaining different and new positive aspects of life from each internship is valuable for the future. He concluded by saying that peace of mind is necessary for a person to hone, as, in the field of law, frequent changes are very prevalent.
One needs to be able to interact effectively in writing as a law student (and future lawyer) since your written work is the key and it can lead to judge one’s knowledge as well as potential.
The importance of legal research is well known to everybody in the legal fraternity. It involves basic research on the issues involved in the question. It is equally important for an advocate to know the point of law of his case to present before the court and a law student to carry out his law school work. It is an indispensable asset for both of them.