As the chorus grows for death penalty for the perpetrators
of the latest gang-rape shocker from Delhi, I decided to ponder upon the
subject one more time. And, this time, in the form of a write up. I have been
trying to understand and analyse the state of affairs surrounding such an act.
Too many things are hitting my brains and I felt, at least a couple of times,
that cranium would burst as it was impossible to bear the agony (that my nerve cells carry in perhaps millions of directions within my
physiological system).
The paramedical student’s is one of the most brutal cases of
rape that I have come to know about. But at the same time, I am reminded of various other cases, that might not have been as violent but
certainly not less damaging either in spirit or effect. I would like to mention
two such cases.
In the first case, a ten month old infant girl was raped by
a mid-twenty youth while in another case an octogenarian woman was forced to go
through the hell by another twenty-like youth. Both these incidents occurred in
Delhi. The 23-year old student was raped several times by several people and thrashed with iron rod, which was inserted inside her body damaging the most
important portions of her entrails. Even if she survives, she wouldn't be able to taste solid food ever in her bruised
life.
I cannot fathom of the psychological damage that this
par-animist act has brought upon the aspiring physiotherapist. But, alongside,
my mind also gets back to the ten-month old infant and the 82-year old woman. There plight went unnoticed.
Understanding Rape
For many, rape is an act of sex forced
upon a woman. For media, it’s news, sensational or otherwise. The Oxford Dictionary defines it as a crime, typically
committed by a man, forcing another person to have sexual intercourse with the
offender against her will. Is the practical meaning of rape is just a grouping of these many words? Can you have a full stop to it like that?
Rape, actually, is violation of a woman/ person. I hope, you
understand and agree. Under India’s constitutional scheme, it is a
violation of the right to life as guaranteed by article 21.
Legally, rape, in India, is defined as an act of penile
penetration by a man of the vagina of a woman without her (valid) consent or
consent obtained under threat or allurement or by deceit. (IPC section 375,
after a couple of amendments and explanations forwarded by the judiciary.) Indian
laws don’t have specific provisions dealing with rape of a person, who is not a
woman, non-penile penetration (penetration by an object) or non-vaginal
penetration (mouth). However, the present shocker points to the need for such a
specific provision. The victim was raped and forced to have unnatural sex,
according to police, with one or more of the offenders.
I believe, as a society, India is yet to fully comprehend
rape in order to reduce the number or eliminate it (utopia) by means of laws.
Punishment
All the rape case convicts are liable for rigorous
imprisonment not less than seven years and extending upto life imprisonment for
period mentioned by the court. Court can award a lesser sentence, if it feels
suitable. I presume that the court wouldn't come to this conclusion in the
Delhi gang rape case.
Now, the clamour is getting louder for death penalty for the
rapists. People have come out in thousands
demanding stringent action and severest of punishment for the rapists. But,
there are a few other issues that need to be looked upon and thought about.
Suppose, people’s agitation on Anna model gets the government bring out a bill
in Parliament providing death penalty (which would certainly come under rarest
of the rare category) for the rapists, will it serve justice? Even if the bill
is enacted, given the BJP's support, will it stop or reduce rape being
committing on women? Answer, probably, is NO.
Prescription
Given the pace at which our justice delivery system functions,
we cannot reduce the number of crimes leave alone the heinous crimes like rape.
The present case would be heard by a fast track court. So, we can expect a
decision in next three to four years. Then, the matter may land up in the Delhi
High Court and then possibly in the Supreme Court. No one can deny the rapists,
as proven even by the trial court the right to appeal in the higher courts of law.
Hence, in any case when this gang rape case sees a full stop, nothing less than
half-decade would have passed and the same bunch of Anna type protesters would
have forgotten the case, and the same media would then be harping on the old
songs to remind us of the trauma that the girl (I hope, she survives), her
friend and their families suffered. Would it be a true justice done to the case
or the victim even if it is a death penalty? Would the verdict be a deterrent
for would-be rapists? I doubt. Leave aside the number of girls, women and
infants, who may become new victims of the old crime.
Justice delayed is justice denied, goes the old saying. It
is true at least in the cases of rape. More than 900 cases of rape are being
heard in the Delhi High Court itself. Think about the entire nation. It is also
a reflection on police’s (in)efficiency in proving or failing to prove whether
an accused is guilty. So, the earnest need of the hour is the overhauling of
the judiciary and the police system. Simply put, the nation needs police and
judicial reforms more than anything else. At the same time, good parenting and
excellent school education, especially of boys should be given the top
priority. These prescriptions may sound too mild in the surcharged anti-rape
environment, but no other steps would make the daughters, the sisters, the
mothers, the girlfriends and wives of ours safe in years to come in this
country.
But, till then all the police forces across the nation will
have to take heart and lesson from the Delhi Police as to how not to overlook
the regular policing so that the rules and regulations are complied by, and
also how to act fast and nab the accused after such a crime has been committed.
And, also till then Anna-model agitation must continue to exert pressure on the
lawmakers because it is only they, who can turn the mountains of police and
judiciary into wheels of justice.
