Saturday 19 January 2013

Increasing Rapes: India Humiliated


“Where women are honored, there the Gods are pleased.  But where they are not honored, no sacred rites yield rewards.”
Manu Smriti 3.56
In light of the above quoted statement from one of the oldest scriptures in India, one can easily deduce the reason behind the most troubles our Country is facing of late. Women belonging to a large section of the society are not safe in India. Crimes against women are on a rise. The best example as well as the most perturbing experience of harassment is faced by any woman during public transport. Crimes against women are not merely being committed in the remote areas or behind closed doors that one can not witness them; rather the crimes are now being committed in public sphere, and in presence of people, in the densely populated areas, where the perpetrators act as devils and the people as mute spectators.

We look at the increasing rape cases just as other crimes. It is getting very comfortable for us to read a couple of rape cases in the newspapers on a daily basis. It doesn't shock us anymore to read of minor girls being brutally raped. Are we turning into a society where compassion and empathy don't exist at all? Is the humanity shrinking within ourselves?

Rapes should not be seen as other crimes; for instance, theft. It is possible that a person may move ahead after an incident of theft. He may start earning more and possibly forget the incident eventually. But rape is not alike theft. A girl who is raped can not move ahead from that incident. It is not 'just' a crime against women. It is crushing the dignity, life and aspirations of a girl. The incident is imprinted on her mind for the rest of her life.  Physical pain may diminish with passage of time, but the mental pain, the stress, the agony, the helplessness, cumulatively bring her a feel of disgust that she can not forget for the rest of her life. The girl raped in Delhi on the 16th of December last year was a student of medicine and a doctor in the making. So, the rapists have not just raped her body, they have raped her aspiration of being a doctor and to serve the society. Had she been alive, I do not believe, she would have been able to go out and profess medicine. If a girl does not die after being raped, the life that awaits her is worse than death, where she has to forego all her aspirations, plannings and dreams for no fault of her and sit helplessly in a damp corner only hoping such incident had not happened.

It was almost unanimously felt that the victim in the recent Delhi rape was just unlucky to be there. It could have been anyone. People left hypocrisy and careless attitude behind after the recent incident. There was a huge outrage and public outcry in forms of candle marches and demonstrations all over India for stricter rape laws where the death penalty for rapists was foremost among other recommendations. But the outcry was too late. The girl still could not be saved. After a long brave battle, she succumbed to death. That made the prosecution case stronger, as the charges of homicide were added and the accused looked at death penalty for homicide if not for rape. Hence the purpose of the public outrage seemed to be served. But it can in truest sense be considered to be served, had this been the only rape incident to have occurred in our country. If not, there are thousands of other rapists who are still out there in public domain, living their lives as usual, after squelching the lives of thousands of innocent girls. Thousands of such incidents happen every year, and I vow not to go into such painful statistics and be pained further by analyzing such grossly insensate acts in terms of demographics and other negligible considerations.

Rape laws in India must change. The first change in rape law which is sought to be brought is enhancing punishment. Section 376 of the Indian Penal Code provides punishment for rape, where the maximum punishment is life imprisonment. The primary demand is to enhance the maximum punishment to death penalty. This change is most important and is imminently required. Most people and most political parties sans Congress would agree to it. But the change can not be limited to merely enhancing the punishment. The increase in punishment would be futile, if the conviction ratio stays dismally low. 

What needs to be done in the first place is to ensure that the person accused, if proved to have committed the crime, be convicted for the same. For this purpose, there must be relaxations in 'standard of proof'. Criminal law in India requires the prosecution to prove beyond all reasonable doubts that the accused had actually committed the felony alleged. I reckon there can be some relaxations in the standard of proof in such heinous crimes whilst ensuring that no innocent is punished. It must be the duty of the Courts to ensure that the perpetrators do not elude the process of law. 

The next reform that is required in the rape law is quick disposal of cases. There have been numerous cases where either the accused dies a natural death while awaiting a death sentence, or the poor victim does not survive to see the culprit being taken to gallows. In Indian law, the procedural laws as well as judicial hierarchy provide the criminals with a platform to live their lives in normal state until the case is finally decided. There are provisions conferring pardoning power on the State as well as Union Executive even after the Supreme Court finds the accused guilty. The law does not take its course. The fast track court was set up to dispose of the recent Delhi rape case. This is a positive step ahead and such courts must be set up in every state to ensure that such cases are quickly disposed of. 

Finally, it comes to punishment. Life imprisonment is certainly not sufficient for a person who has made a poor girl's life miserable by committing such a repelling act. The reformist theory can not be applied to such hardcore criminals who could ignore the weeping and screaming of the girl while committing the crime. Such criminals can not be sought to be reformed at the cost of life and dignity of other women. A deterrent approach is the way ahead looking at the increasing number of rape cases. Death penalty must be introduced for rapists at the earliest. Criminal jurisprudence in India advocates for death penalty only in the 'rarest of the rare' cases. Looking at the number of rapes, what case would be considered as 'rarest of rare'? Is it not rare enough that a man has committed such an insane and devilish act? Death penalty should be the law and not an exception for rapists.

Whether addressing the rapist as 'Bhaiya' would reduce such cases, or whether films and fashion have an influence over such rapists is not the debate we should be looking forward to. A rape is the most disgraceful and dastard act that a man commits and he must pay the price for the same. A clear message must be conveyed that the society doesn't need such people. Let us hope the Legislators play their part by introducing the reforms, the executive by bringing rapists before the Courts and finally the Judiciary by convicting them.

PS: I hope to live to see a day where our country is free from such rapists; where a girl can move freely without being under fear of any kind of violence. 

Jay Hind


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