The recent rape incidence of a 23 year old girl in Delhi, throws open a wide debate once more. It reflects the imperial derelicts of the past and our inefficiencies in coming up with authentic indigenous ways of serving the en-masses. The incident itself is just a degree more, in what the so called soft-gender is facing from time immemorial.
[Courtesy: thehindu.com]
The vagaries of this land are immense and our forefathers had tough times to gel-together to bind us in one mould of Indian Constitution. The document aimed at protecting the weak and added safeguards against any abuse directed towards the innocent. But, as truly said “It is easier to write constitutions than to run it” and this is what precisely is being happening all around us. There are so many voices “We want justice, we want peace”. Delhi, the capital of India is proudly boasting as being also the rape capital of India. And it is not just Delhi, where we find women being victimized so frequently, there are others too. The only reason for Delhi being at the centre-stage is due to the lack of reporting from other parts the country.
After the aftermath of this heinous act, let us question ourselves. What do we do now? Shall we just demand death-penalty for those accused? What will happen even if they are penalized to that extent, will it change the psychology of so-called manly-men to prove their manhood? The law of this land will ensure “REASONABLE OPPORTUNITIES” for those accused, to defend themselves at the very cost of public funds. So is there any hope for any justifiable action on the part of judiciary to penalize the accused in speedy manners?
These are some tough questions that can be answered if wise thoughts are pondered over. The reasons would thread in together to give solution to this mess of law and order set-up if certain steps are taken in a logical manner. “Delhi Police and its administration, they all seem to be a confused lot”. Why is it that a civil servant just keeps on cursing the attire and timings of women in public? Why don’t they give rational solutions, aren't they the best lot to be selected for serving the very women whom they are accusing? Aren't they taught in liberal education with the fineness qualities of service attitudes? Amazing! But why is it that a learned bureaucracy and a liberal political class perplexed of dealing with 3 or 4 rouges every now and then?
When the very rot lies deep beneath, you need an overhauling. It may be a short term or a long term, but it certainly pays you in a good way. There are episodes when changes are most acceptable by an unmoved administration; this is the time for those changes. This is the best time to push in an overhaul reform mechanism to justify the existence of the state.
Firstly, fast track justice: The law of the land does not forbid us to set up fast track courts. Every citizen of this country is entitled for speedy trial and justice. Let us set an example in this case. The proposed 5 such courts would be under public gaze for a while, let us hope they restore public faith in justice. Innovative techniques like chemical castration, cyanide execution, etc that could instill fear in the minds of psychopath criminals can be futile as they are not easy to implement legally (at least in the present times). The interpretation of case laws in order to satisfy public expectations in this incident would now give ample avenues for research and brainstorming. The involvement of a minor in this case and public sentiments demanding death penalty for him is one such window of taking up a challenging task. What is required is an intense thought process in this regard, keeping a foresight of the future. Let us do that exercise and then the changes inevitable, would be clear for all to see.
Secondly, police reforms: Let us bring a change in the very way of policing. It must be a service rather than a force. Reforms in the police machinery are long over-due. Even the apex court has insisted time and again to introduce the police reforms, but the reform committee reports never see the light of the day, thanks to our lethargic politicians. There was a time when the local hawaldar could even identify outsider in the locality, and nowadays he doesn't even recognize the resident people of his own patrolling area. The modern gadgetry can do no wonder if there is lack of policing acumen. Separate police stations for women should be established in every sensitive area, so as to cater to the needs of the aggrieved. Police patrolling by women in civil dresses can also work wonders.
Thirdly, redefining criminal and penal laws, so as to suit present times: We boast of being one of the largest democracies of the world, but what about our archaic laws related to criminal procedures? They are still suited to the imperial times, the times when we were under an autocratic rule. Why not change it? Let us revamp reforms in Law machinery itself. Let us put some constructive thoughts in the punishments and procedurals related to certain common crimes on a case-to-case basis, rather than generalizing everything. Let us all contribute towards the recently constituted justice JS Verma commission on criminal justice administration which has open for public contributions.A point worth noting is that, no part of criminal justice administration reform is of any worth if counterpart changes aren't made in police reforms.
Fourthly, electoral and legislative reforms: It is the lack of political will and less citizen-oriented political class which is the hurdle in implementation of any of the above reforms. It is now time, we demand tools of direct democracy like ‘right to recall’ or ‘right to reject’ to keep out criminals in politics. Criminal minds in the assemblies or councils can only harbinger the cause of these rapists. They cannot act on injustice as they owe heavily to their own sins. This is the cause for any delay in executive or legislative action aimed at protective the weaker sections especially women in our country. National Commission for Women is not empowered as it should be, the reasons may be paucity of funds or clearly demarcated powers, etc. I hold a personal view that wherever women are heading the organizations, employees tend to be more civilized. We should increase their representation in every sphere of our working.
It has always been summarized that the police and the politicians are merely the reflection of our society. And as such, the debate is diluted and the solution is given in one phrase “System’s failure”. We do not agree with this. Yes, we do have certain elements which deface the society but even they are creations of some deficiencies in this very system. These deficiencies aren't too many, even they can be removed. This involves some of the long-term measures that yield results after a considerable time.
Why are we thinking on tit-bits of every single problem in the society? Why can’t we get biased toward certain key elements of change? Criminal psychology is due to inequalities of income, poverty and most important un-education (not illiteracy). By policing you might arrest criminals, what about his psychology? Let us forget on economic growth, let us forget about global out-reach or investments, let us forget about other bilateral-relations for a while. You educate a person, you give him vistas for employment, you create demand and the rest all follows. We can also introduce psychological assessment of especially the adolescents in their educational curriculum so as to cater to the needs of specific counselling.
Why not we parents teach our children about the dignity of women, why not we tell them that “It is no crime to have sex but then, it is not your right. You shall have the acceptance of the lady and you shall respect it, if she denies” The concept of equality between genders emanates right from the family; it’s time we realized this. Talking about sex-education should not be a taboo and this should be an integral part of the secondary education in our country.
The present state-of-affairs do not portray a healthy picture of our legal system nor are the ways of dealing with public sentiments. God forbid, but what if something similar happens to those politicians who are making “standard remarks” over women attire, their dressing or the hurdles in legal-framework? Surely, they would also become helpless like us. It won’t be any surprise even then, if there are candles, lathis, water cannons and barricades in this very heart of India.
The sad part of the story is that the brave girl is no more. All she demanded from us was justice. Let us reform ourselves to bring that justice for the departed soul.
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