Of a dastardly crime, laws and the “system”
***Â CAUTION: Disturbing post/ May Not be Suitable for Workplace ***
This post is a “mixed” post in Hindi and English..It was triggered by an incident that Indra Vikram Singh (an IAC activist/coordinator from Indore), mentioned on his facebook wall. Â The incident was about the gang rape of a minor girl – whose parents refused to file a complaint with the police (presumably for fear of social ignominy and/or the hassles of a police report and the subsequent process). The post moved me to think hard about this issue..Three days back, another similar incident in Rajasthan finally forced me to write this post..Read on.
***
पिछले सपà¥à¤¤à¤¾à¤¹ इंडिया अगेंसà¥à¤Ÿ करपà¥à¤¶à¤¨  के लिठइंदौर में काम कर रहे जà¥à¤à¤¾à¤°à¥‚ कारà¥à¤¯à¤•à¤°à¥à¤¤à¤¾ इनà¥à¤¦à¥à¤° विकà¥à¤°à¤® सिंह की fb wall पर à¤à¤• बहà¥à¤¤ ही दरà¥à¤¦à¤¨à¤¾à¤•  वाकया पढ़ा | पढ़ कर बहà¥à¤¤ वà¥à¤¯à¤¥à¤¾ हà¥à¤ˆ ..और बेचैनी à¤à¥€ | इनà¥à¤¦à¥à¤° विकà¥à¤°à¤® की उस पोसà¥à¤Ÿ पर कई कमेनà¥à¤Ÿ à¤à¥€ आये – कà¥à¤› विचारोतà¥à¤¤à¥‡à¤œà¤•, कà¥à¤›  हताशी में लिखे हà¥à¤ – और कà¥à¤› आकà¥à¤°à¥‹à¤¶ में | मैं à¤à¥€ इस वाकिये को को पढ़ कर सोचने के लिठविवश हों गया था..तà¤à¥€ निशà¥à¤šà¤¯ किया, इस विषय पर थोड़ी गंà¤à¥€à¤°à¤¤à¤¾ से विचार कर अपने बà¥à¤²à¥‰à¤— पर पà¥à¤°à¤•à¤¾à¤¶à¤¿à¤¤ करने का | परिणाम सà¥à¤µà¤°à¥à¤ª यह पोसà¥à¤Ÿ बनी | कृपया पढ़ें, विचार करें और चरà¥à¤šà¤¾ में हिसà¥à¤¸à¤¾ लें | इंदौर में हà¥à¤ˆ यह घटना पà¥à¤°à¥‡ à¤à¤¾à¤°à¤¤ में हर रोज होने वाले सैंकडों à¤à¤¸à¥€ घटनाओं में से à¤à¤• थी | न ही यह पहली à¤à¤¸à¥€ घटना थी – और न ही अंतिम..इसलिठविचार करना आवशà¥à¤¯à¤• है..चरà¥à¤šà¤¾ कर इसका कà¥à¤¯à¤¾ समाधान हों सकता है, इसको समà¤à¤¨à¤¾ आवशà¥à¤¯à¤•  है.. यह पोसà¥à¤Ÿ उसी दिशा में à¤à¤• छोटा सा पà¥à¤°à¤¯à¤¾à¤¸ है |
पोसà¥à¤Ÿ के आरमà¥à¤ में इनà¥à¤¦à¥à¤° विकà¥à¤°à¤® का विवरण है – ततà¥à¤ªà¤¶à¥à¤šà¤¾à¤¤, कà¥à¤›  कमेनà¥à¤Ÿ व उन पर मेरी पà¥à¤°à¤¤à¤¿à¤•à¥à¤°à¤¿à¤¯à¤¾à¤à¤‚ हैं | à¤à¤• बात और – मेरे पà¥à¤°à¥à¤·-पाठक यह बिलकà¥à¤² न समà¤à¥‡à¤‚ की यह सà¥à¤¤à¥à¤°à¥€-समà¥à¤¬à¤‚धित विषय है – कà¥à¤¯à¥‹à¤‚कि आप में से हर कोई – à¤à¤²à¥‡ ही किसी बेटी का पिता हों न हों, किसी पतà¥à¤¨à¥€ का पति हों सकता है – और किसी माठका बेटा तो अवशà¥à¤¯ ही है..
***  इंदौर में सामूहिक  दरिंदगी – इनà¥à¤¦à¥à¤° विकà¥à¤°à¤® सिंह ***
कà¥à¤› दिन पहले मन को गहरे तक आहत करने वाले वाकये से सामना हà¥à¤†… चूà¤à¤•à¤¿ उन दिनों इंदौर में अरविनà¥à¤¦ à¤à¤¾à¤ˆ की सà¤à¤¾ की तैयारियों में जà¥à¤Ÿà¥‡ हà¥à¤ थे इसलिठमन की वà¥à¤¯à¤¥à¤¾ को मितà¥à¤°à¥‹à¤‚ के साथ नहीं बाà¤à¤Ÿ सका. घटना सà¥à¤•à¥‚ल में पड़ने वाली à¤à¤• लड़की की है जो सामूहिक दरिंदगी की शिकार हà¥à¤ˆ…
इंदौर के ….(जगह के नाम को गà¥à¤ªà¥à¤¤ रखना चाहता हूà¤) कà¥à¤·à¥‡à¤¤à¥à¤° की रहने वाली à¤à¤• नाबालिग को वहीठआसपास रहने वाले कà¥à¤› लड़कों ने अपनी हवस का शिकार बना डाला. चूà¤à¤•à¤¿ सामाजिक सरोकारों से जà¥à¤¡à¤¼à¤¾ हà¥à¤† हूठइसलिठबात मà¥à¤ तक पहà¥à¤à¤š गई….
मैं गया तो लड़की के सहमे हà¥à¤ चेहरे को देख कर मन गहरे तक वà¥à¤¯à¤¥à¤¿à¤¤ हो गया. बहà¥à¤¤ समय लगा संà¤à¤²à¤¨à¥‡ में …. बात हà¥à¤ˆ तो घटना का पूरा पता चला…और साथ ही यह à¤à¥€ की किसने किया…. अगले कदम के रूप में मैंने लड़की के माता पिता से कहा की पà¥à¤²à¤¿à¤¸ में रिपोरà¥à¤Ÿ की जानी चाहिठऔर दोषी लड़कों को कानूनी रूप से सजा मिलना ही चाहिअ. पर पता नहीं कà¥à¤¯à¥‹à¤‚ लड़की के माता पिता इस बात के लिठतैयार नहीं हो रहे थे… शायद लोकलाज का à¤à¤¯ या शायद पà¥à¤²à¤¿à¤¸à¤¿à¤¯à¤¾ तौर तरीके… या नà¥à¤¯à¤¾à¤¯ में होने वाली देरी…. जो à¤à¥€ कारण उनके मन में रहे हों मैंने à¤à¤°à¤ªà¥‚र पà¥à¤°à¤¯à¤¾à¤¸ किया लेकिन वो तैयार नहीं हà¥à¤…
चूà¤à¤•à¤¿ मà¥à¤à¥‡ यह पता चल गया था की वे लड़के कौन हैं तो उनà¥à¤¹à¥‡à¤‚ à¤à¤¸à¥‡ ही छोड़ देने को मैं तैयार नहीं था… उन का समाज में खà¥à¤²à¥‡ घूमते रहना दूसरों के लिठà¤à¥€ खतरा था इसलिठसà¥à¤µà¤‚ थाने पर गया और टी आई, जो मेरे मितà¥à¤° à¤à¥€ हैं, को पूरी घटना बताई… उनके पास à¤à¥€ कानूनी कारà¥à¤¯à¤µà¤¾à¤¹à¥€ के लिठसीमित विकलà¥à¤ª और कानूनी पà¥à¤°à¤•à¥à¤°à¤¿à¤¯à¤¾ के पालन की बाधà¥à¤¯à¤¤à¤¾ थी ….
यदि कोई शिकायत दरà¥à¤œ नहीं करेगा तो वो कैसे और किस पर कारà¥à¤¯à¤µà¤¾à¤¹à¥€ करेंगे…. उनà¥à¤¹à¥‹à¤‚ने à¤à¥€ लड़की और उसके माता पिता को समà¤à¤¾à¤¯à¤¾ की आप शिकायत करें… सारी बात गà¥à¤ªà¥à¤¤ रखी जाà¤à¤—ी…. उचित, तà¥à¤°à¤‚त और पà¥à¤°à¤à¤¾à¤µà¥€ कारà¥à¤¯à¤µà¤¾à¤¹à¥€ का आशà¥à¤µà¤¾à¤¸à¤¨ à¤à¥€ दिया लेकिन लड़की के माता पिता तैयार नहीं हà¥à¤….
इस बीच में पà¥à¤²à¤¿à¤¸ की टीम दà¥à¤µà¤¾à¤°à¤¾ लड़कों को उठा लिया गया था और ‘पà¥à¤°à¤¸à¤¾à¤¦à¥€ वितरण’ à¤à¥€ किया जा चà¥à¤•à¤¾ था…. लेकिन शिकायत के आà¤à¤¾à¤µ में कठोर कारà¥à¤¯à¤µà¤¾à¤¹à¥€ नहीं कर पा रहे थे, जिसकी पीड़ा उनà¥à¤¹à¥‡à¤‚ à¤à¥€ थी…. बहà¥à¤¤ पà¥à¤°à¤¯à¤¾à¤¸ करने के बाद à¤à¥€ जब माता पिता शिकायत के लिठतैयार नहीं हà¥à¤ तो उनà¥à¤¹à¥‡à¤‚ लड़कों के विरà¥à¤¦à¥à¤§ कà¥à¤› अनà¥à¤¯ धाराओं में कारà¥à¤¯à¤µà¤¾à¤¹à¥€ करना पड़ी…
इस पूरी घटना ने मेरे समकà¥à¤· कई अनà¥à¤¤à¤°à¤¿à¤¤ पà¥à¤°à¤¶à¥à¤¨ खड़े कर दिà¤... जिन पर जितना सोचता हूà¤, पीड़ा ही मिलती है…. हम कैसा गैर संवेदनशील समाज खड़ा कर रहे है, जहाठनारी को सिरà¥à¤« हवस पूरà¥à¤¤à¤¿ का साधन माना जाने लगा है? बलातà¥à¤•à¤¾à¤° जैसी घटनाà¤à¤ पीड़ित के मन पर कितना गहरा असर छोड़ जाती हैं, कलà¥à¤ªà¤¨à¤¾ मातà¥à¤° से ही सिहर उठता हूà¤.. (कà¥à¤¯à¤¾) लोकलाज के नाम पर नà¥à¤¯à¤¾à¤¯ को à¤à¥€ कà¥à¤°à¥à¤¬à¤¾à¤¨ किया जा रहा है? और…. और…. सà¥à¤µà¤¯à¤‚ मेरे सामने यकà¥à¤· पà¥à¤°à¤¶à¥à¤¨ …. मैं घटना का मूक दरà¥à¤¶à¤• बन कर रह गया…. घोर निराशा का à¤à¤¾à¤µ की मैं पीड़ित के लिठकà¥à¤› à¤à¥€ नहीं कर सका..… उसे अपने साथ हà¥à¤ अतà¥à¤¯à¤¾à¤šà¤¾à¤° से लड़ने के लिठखड़ा नहीं कर सका…
*** समापà¥à¤¤ ***
जैसे की आप अनà¥à¤®à¤¾à¤¨ लगा सकते हैं, इस पोसà¥à¤Ÿ पर अनेक  तीखे कमेनà¥à¤Ÿ व पà¥à¤°à¤¤à¤¿à¤•à¥à¤°à¤¿à¤¯à¤¾à¤à¤‚ आईं | उनà¥à¤¹à¥€ में से कà¥à¤› पà¥à¤°à¤¤à¤¿à¤•à¥à¤°à¤¿à¤¯à¤¾à¤“ं पर मेरे कà¥à¤› विचार आप सबके सामने रखना चाहता हूà¤..(pl note some comments have been edited for brevity & readability; many have been transcribed in Devanagari) :
देव कà¥à¤®à¤¾à¤° वसà¥à¤¦à¥‡à¤‚वा-जी ने लिखा: “It is horrible when  parents refuse to register a police complaint. This becomes like a license to rape for perverted men”
Rajendra wrote, “those responsible (for this crime)..have no right to live”
Ashwani wrote: “देखा जाय  तो माà¤-बाप गलत नहीं है – कà¥à¤¯à¥‹à¤‚कि इनà¥à¤¸à¤¾à¤« मिले न मिले, बेईजà¥à¤œà¤¼à¤¤à¥€ जरूर मिलती है”
Ravi Atroliya wrote: “जब तक इन दरिंदों के खिलाफ पà¥à¤²à¤¿à¤¸ रिपोरà¥à¤Ÿ नहीं होगी, अंकà¥à¤¶ कैसे लगेगा? कà¥à¤¯à¤¾ आनेवाली (à¤à¤¸à¥€) घटनाओं के लिठइस लड़की के माà¤-बाप  जिमà¥à¤®à¥‡à¤¦à¤¾à¤° नहीं ठेराठजायेंगे? “
In response, Ashwani suggested that there was no need for legal action ..and one has the right to kill them..and then mentioned that he does not believe the system (that we have today) can deliver justice.
I wrote: “..the Government has failed in its most fundamental duties today: protecting life and liberty and ensuring justice. How long will we tolerate this state of affairs?”
Ashwani made another comment suggesting that there are some good officers in the police forces too but most of them are corrupt. Ravi reminded him that the police officers are part of the same society we live in – and reflect the rot that we see elsewhere. Raghhav suggested a “social boycott” of such people. Yogendra Singh mentioned his pain and expressed the helplessness that most people feel when they read or hear about such things. Vikas Singh suggested time-bound justice and making it easier to write a report and track the progress of an investigation. But the comment that almost captured my thoughts came from Yogendra Singh. He wrote:
जब तक अपराध की तà¥à¤µà¤°à¤¿à¤¤ और कठोर दंड  की नà¥à¤¯à¤¾à¤¯à¤¿à¤• वà¥à¤¯à¤µà¤¸à¥à¤¥à¤¾ नहीं होगी, तब तक किसी à¤à¥€ तरह के अपराध मर अंकà¥à¤¶ लगाना कठिन होगा
…कठोर दंड के à¤à¤¯ से ही समाज अपराधमà¥à¤•à¥à¤¤ हो सकता है. और बलातà¥à¤•à¤¾à¤° ही कà¥à¤¯à¥‹à¤‚, रिशà¥à¤µà¤¤à¤–ोरी, कालाबाजारी, मंहगाई, कालाधन, करचोरी, डकैती और-और अपराधों के लिठà¤à¥€ कहीं न कहीं हम à¤à¥€ जिमà¥à¤®à¥‡à¤¦à¤¾à¤° हैं. इस ”हम” में देश के वो सà¤à¥€ लोग आते हैं, जो जानते-बूà¤à¤¤à¥‡ या अनजाने में अपने मताधिकार का सही उपयोग नहीं करते. जो मूक होकर अपनी और अपने परिजनों की किसà¥à¤®à¤¤ का फैसला à¤à¥à¤°à¤·à¥à¤Ÿ, नकारा सरकार, राजनीतिक दलों , à¤à¥à¤°à¤·à¥à¤Ÿ तंतà¥à¤° को करते देखते रहते हैं.
हम और आप जानते हैं, क़ानून संसद में बनता है. मगर कानून बनाने वालों को संसद तक कौन लाता हैं ? हम ही. फिर कठोर क़ानून न बन पाने, बने हà¥à¤ कानूनों पर सही अमल न हो पाने के लिठकौन जिमà¥à¤®à¥‡à¤¦à¤¾à¤° है ? हम ही. इस à¤à¤• वाकये को आपने उठाकर बहà¥à¤¤ नेक और साहसिक काम किया है. इसके लिठसाधà¥à¤µà¤¾à¤¦.
कदाचित आपके इस पà¥à¤°à¤¯à¤¾à¤¸ से सोये हà¥à¤ लोगों की आखें खà¥à¤² जाà¤à¤, इसके पहले की नरपिशाचों और अपराधियों का अगला शिकार वे खà¥à¤¦ या उनका कोई परिजन हो. à¤à¤—वान करे, लोगों को यह हौसला मिल सके कि, वे अपने ही नहीं, दूसरों के खिलाफ हो रहे अनà¥à¤¯à¤¾à¤¯, अतà¥à¤¯à¤¾à¤šà¤¾à¤° का डटकर मà¥à¤•à¤¾à¤¬à¤²à¤¾ कर सकें.
जनतंतà¥à¤° में तंतà¥à¤° का नियंतà¥à¤°à¤£ जन के हाथों में होना जरà¥à¤°à¥€ है,. ”जन” जब तक सोया रहेगा, ”तंतà¥à¤°” पर उसका कतई कंटà¥à¤°à¥‹à¤² नहीं होगा. और नियंतà¥à¤°à¤£ न होने पर, दà¥à¤°à¥à¤˜à¤Ÿà¤¨à¤¾ कितनी घातक होगी, यह बता पाना कठिन है.
As I was thinking about this, I was reminded of a comment posted by Sanjeev many months ago on the blog…below are excerpts from that comment which echo what Yogendra wrote above:
..at the risk of sounding like a spoil-sport: (any such effort, against a single incident or crime), is not, unfortunately, big enough to budge anything substantial in India. Nor is it guaranteed to stay put.
Corrupt systems revert to form. Our system is deeply and hopelessly corrupt…The system of governance has to be changed.
“after 15 years of doing ‘small’ things on a daily basis, I finally had enough of it…the problem was clearly systemic.
This fuel had to be choked off, else the fires of (such crimes, corruption etc) would rage endlessly across the country for ever, no matter how many of them I tried to put out. I hope you’ll agree that there is no point in fighting a fire while someone is pouring petrol all over it from behind. The smart thing is to shut the petrol off, first.
A doctor doesn’t waste time on fixing each boil or rash separately, but focuses on analysing just one of them through the microscope to find the cause of all of them. Then he treats the underlying factors and banishes the disease. Killing one mosquito at a time won’t fix the problem of malaria. The swamp has to be drained.â€
We need a systematic method to ensure that our BEST people become MPs and MLAs, and then they are held to account for the delivery of the services we expect of them.
…There is value in excising a boil one at a time, but if the disease hasn’t been cured, the boil will erupt elsewhere. We must diagnose and cure the disease…Please step forward if you think you can lead. Together, we can change things – on a sustainable and irreversible basis.
The reason Sanjeev’s comment resonated so strongly was that rape, in the end, is hardly disconnected from other crimes..(although its scars are immeasurably deep and lasting). So working on “fixing” one aspect of “law and order” (e.g. ensuring justice to victims of rape) in India may not be particularly fruitful. But just how bad are things when it comes to this dastardly crime?
Figures suggest a rape is committed every 25 minutes across India..(Provisional data for 2009 shows that 21,397 rape cases were reported during the year; this figure does not include figures for “molestation”).
Worse, Praveen Swami mentions that
..there are more and more women approaching police with complaints about sexual assault, but ever-fewer victims getting justice.
In 1973, the NCRB first published data on rape: 2,919 rape cases were registered at police stations across India that year. By 2010 the figure grew to 20,262. The numbers of prosecutions ending in conviction, though, have steadily declined.
..In 2010, the numbers of alleged perpetrators either in custody or out on bail awaiting trial had grown to a staggering 89,707, up from 4,991 in 1973 — numbers which point to endless courtroom delays.
But “fixing policing and fast-tracking trials, though, might not alone be enough to influence outcomes. The NCRB data shows that the status of women in society may influence outcomes just as much as policing” (to understand what this means, read, We saw the girl and the boy..and we forced ourselves in).  Oh, and did I mention there may just not be enough police personnel?
India needs 250 police personnel per 100,000 citizens, twice the 133 per 100,000 available in 2010.
Although a number of legals reforms over the years have made it easier to prosecute for such a heinous crime, glaring deficiencies remain:
For one thing, the law does not provide for separate and speedy trials for heinous crimes such as child rape. The definition of rape too is finite restrictive. For raping a women, penile penetration must be proved. One can ravish a women equally or much more violently by shoving, for example, an iron rod into her private parts. Yet such a man would not be held guilty of rape. Several such cases have indeed come to light.
But the worst thing is the continued existence of Section 155(4) of the IEA, which provides that when amen is prosecuted for rape and if is shown that the woman in question is of immoral character then her evidence will not be taken into account. It may be argued that this provision offers protection to the accused against false allegations of a women whose character is suspect. Yet consider Section 54 of the same Act. Among other things it says that in cases of rape, the fact that the accused person is a bad character is irrelevant. In effect, for the purpose of proving that a men did rape the prosecutrix, it is irrelevant to show that he has a bed character. If the bad character of the prosecutrix is considered in cases of rape, why not the bad character of the accused too?
But is it really more laws that we need? or a better judicial system? Or is what we really need, a system-wide reform and overhaul – including a far more effective judicial system, better infrastructure (for courts to help speedy disposal of cases), better policing and last but not least, a major gender sensitization drive in schools and colleges – especially in Tier II and Tier III towns (based on personal experience and anecdotal evidence, I feel rural India is much safer for women than a Tier III town; do you agree?). What do you think? What would you advice Indra Vikram to do? What would you suggest to the many who feel compelled to help but do not know how..? Comments, thoughts welcome..
Related Posts: Â It does not stop at a whistle..
Please cover  yourself, I am feeling awkward.. and (Recommended): On Jeans, Indian men and “Indecent Behaviour”
Also read:Â We saw the girl and the boy..and we forced ourselves in.. and Who will listen to Para’s silent screams?
and finally Time for an overhaul of rape laws? – and pl take a moment to share your thoughts via the poll.
P.S. The image is unverified (saved via a fb post) and hence unattributable. If you are the author/copyright owner or know who the author/copyright owner is, kindly let me know or leave a comment below. The image has only been reproduced for the purpose of this post and discussion. Thanks.
Dear Shantanu,
My reading comprehension with Devanagari script is limited and could not read the whole article, but got the gist of what you were trying to say. I noticed your threads on respect to women’s choice, but sorry for commenting on this thread. This weekend i was at a lake beach near Atlanta with my family and friends. There were quite a few beautiful women in their swim wear and one in fact caught my attention. She was wearing a string bikini and a pink cap with words “SLUT” written on it. I did not see even one man trying to rape her. I wonder what the taliban men (who were commenting on women wearing modest clothing etc) would say for the reason the women was not molested.
The only way to make police (or any governmental agency) responsive is by having the function performed at the most local level government.
Shantanu,
Although, the right thing for parent of the girl is to go to police and file complaint, based on my personal experience of the last two years in India, I would not fault them for doing what they are doing.
I had to visit a local SP’s office and local Police station many times in the last two years as my four year old daughter, who was born not in India, requires police certificate to live in the country for more than six months. Leaving aside the stupidity of getting a four year old registered with local police station, experience of visiting a local police station or SP’s office, to put it mildly, is an unpleasant experience. Having spent major part of my life in India, I went with a full expectation that the service was not going to be courteous and I made sure to keep smiling all the time. And, although I tell story of my visits to my friends and have good laugh but seriously public servants in India seem to thrive on lack of knowledge of general public. I was literally asked to produce right from Birth Certificates to my marriage certificate. Asked all kinds of questions (even what my salary was!). I knew very well where this game was going and I played along. After sitting for more than 4 hours twice, the clerk finally gave up and did the paperwork. It took me another three visits to the SP’s office to finally get the certificate (which was valid for only six months!). While sitting at the police station, I saw money being exchanged openly for petty permissions such as playing loudspeakers for Birthday parties.
I shudder to think how these guys would treat me If I ever needed a real service. Coming back to the incident above, following are probably the causes why our society is in such a bad situation:
First, there seem to be no fear, or little fear, among people about the consequences of their actions. There is no fear of law as most people think that they are connected and can get out of any legal trouble. There is no fear of God (or higher being) either. Couple of generation ago people at least used to fear about their wrongdoing and believed that even if they do not have to pay for their wrongdoings immediately, they will have to ultimately pay for it in some other life or form.
Second, process of criminal prosecution in our country is murky. Media, who is supposed to educate people in this regard has has really let us down. Arrest is equated with prosecution and bail is equated with acquittal. There is no talk about real prosecution in the courts, where public prosecutor and police work together to get real conviction.
Third, lack of accountability. Sometime, you wonder who is police accountable to? By their action and behavior they do not seem to be accountable to a local community. Nor they seem to have public interest in their mind. Their actions are not overseen by a committee of elected representatives. They do not report to Mayor either. It seems that they are accountable to a elected person (or few people) sitting in the state capital. Instead of living in localities where most people live, they have special colonies, which goes by police colonies/police lines. Also, who is public prosecutor accountable to? How are they appointed? Who reviews their conviction rates? As a common man, we hear about a crime committed, a person (or few people) arrested, and then the case goes to a black hole, and more often than not, after couple of months (or years), we hear the person got out on bail. And, the case goes on and on and on, and one fine day the person goes free on this or that technicality.
We seem to have myriad of laws in the books but we seem to lack the capacity to interpret and enforce these laws as per societal norms. A graph in the book “The fortune at The Bottom of Pyramid” by C.K. Prahalad appropriately compares various countries on their abilities to have system of law and institution vs capacities to interpret and enforce regulations (http://www.amazon.com/The-Fortune-Bottom-Pyramid-Eradicating/dp/0131467506#reader_0131467506 page 82). Although, the graph is for market economy, the same can be said for social laws too. Per this graph, India has well developed laws and institutions at par with USA, Japan and Germany. However, at the interpretation and enforcement level it is behind these countries and even behind China and Russia.
The police is not accountable to the people because the leadership of the Police force comes from outside of the state. In a colonial British type model a Police Chief that is not from the community is leading the state’s police force. That person has no ties to the society he/she is policing. British left but really the British-Raj didnt.
And on top of it, the judiciary is a complete and utter mess. If those agitating against “corruption” had any sense of proportion and had any perspective (and had spoken to folks like Mr Bhagwat) they would have demanded an immediate overhaul of the judiciary. Fill the vacant judge’s posts. Increase court hours to reduce case loads. ….. Oh well…
All this is because India is an ungovernably large country. It should have never existed in this form. There should have been at least 6 to 10 countries off of what is a one giant mess that emerged after independence. The smaller countries would have been easier to govern and people’s rights might have been protected better by better functioning judiciary.
ye bahut sharam ki baat hai ki unn ladko ne to uss ladki ka rape kiya par aur bhi galat yeh hai ki maa aur baap ne uss ladki ke astitva ka rape kiye shame on her parents first of all jo peda karna to jante hai par uske rights nai dila sakte to phir ap hi bataye ki koi in ki ladkiyo ka apna shikar kaise nai batayega jab unhe pata hai ki parents kuch nai karenge
jab mein school me thi tab jo teacher nai punish karti thi hum unka homework nahi karte the to bhi chalta tha par jo teacher stric thi unka kaam hamesha pura karte the reason tha darr app hi socho jis cheez ka darr hi na ho wo crime ko crime koi kyu manega
From Sexual violence is not a cultural phenomenon in India – it is endemic everywhere by OWEN JONES, 30 December 2012:
…in the West, Damini’s death has triggered a different response: a sense that this is an Indian-specific problem. “The crime has highlighted the prevalence of sex attacks in India,†says the Daily Telegraph; “India tries to move beyond its rape culture,†says Reuters. Again, it’s comforting to think that this is someone else’s problem, a particular scandal that afflicts a supposedly backward nation. It is an assumption that is as wrong as it is dangerous.
Rape and sexual violence against women are endemic everywhere. Shocked by what happened in India? Take a look at France, that prosperous bastion of European civilisation. In 1999, two then-teenagers – named only as Nina and Stephanie – were raped almost every day for six months. Young men would queue up to rape them, patiently waiting for their friends to finish in secluded basements. After a three-week trial this year, 10 of the 14 accused left the courtroom as free men; the other four were granted lenient sentences of one year at most.
Shocked? Again, let us Brits not get all high and mighty, either. Amnesty International conducted a poll in the United Kingdom a few years ago. Only four per cent of respondents thought that the number of women raped each year exceeded 10,000. But according to the Government’s Action Plan on Violence Against Women and Girls, 80,000 women are raped a year, and 400,000 women are sexually assaulted. It is a pandemic of violence against women that – given its scale – is not discussed nearly enough.
All rape is violence by definition, but particularly horrifying incidents take place here, too. Exactly a year ago, one woman was raped by 21-year-old Mustafa Yussuf in central Manchester; shortly afterwards a passer-by – who the rape survivor thought was coming to help – raped her again as she lay on the floor. Or take 63-year-old Marie Reid, raped and savagely murdered earlier this year by an 18-year-old boy she had treated like a “grandsonâ€.
…
Other myths are even more disturbing. The Amnesty poll found that a third of Britons believed a woman acting flirtatiously was partly or completely to blame for being raped, while over a quarter found women who were wearing revealing clothes or were drunk shared responsibility. This victim-blaming was echoed by a judge at Caernarfon Crown Court a few weeks ago, who told the rapist: “She let herself down badly. She consumed far too much alcohol and took drugs, but she also had the misfortune of meeting you.†A Thames Valley Police poster combating underage drinking featured a young woman being attacked underneath the headline “Her mum bought her the ciderâ€.
…
In a poll by End Violence Against Women this year, 41 per cent of women aged between 18 and 34 had experienced unwanted sexual attention in London. Some men may regard a few “jokes†about rape as a bit of harmless banter, but it all helps normalise violence against women.
As a country, we still don’t take rape survivors seriously. A 2009 study revealed that Britain has the lowest conviction rate of 33 European countries: it’s a shockingly pathetic 6.5 per cent. Survivors often struggle with a misplaced sense of shame, of somehow bringing it on themselves, of fear; an all-too pervasive sense of victim-blaming discourages them from coming forward and having to facing down their attacker. If any good is to come from the horrors of the Jimmy Savile scandal, it must be that these voices are taken far more seriously.
But although the voices of women must be heard above all else, men must speak out too. It’s really important that we show solidarity with women, educate each other and challenge prejudice in our ranks. In the US and Australia there are more flourishing movements of men against sexual violence, such as Men Can Stop Rape. But there are similar campaigning groups in Britain such as the White Ribbon Campaign and Respect: they have a crucial role to play, too.
Pl read this well-written, thoughtful and sensitive article by Kalavai Venkat on Reclaiming the Sacred Feminine in the Aftermath of Delhi Gang-Rape
…some news reports and op-ed columns have attempted to sensationalize the issue by turning this into an ideological war against Indian culture. One western newspaper called it “India’s culture of rape.†A Time magazine article portrayed Indian men as “hyena-like.†Some Indian journalists aped their western counterparts in demonizing Indian culture.
Sheela Bhatt implied that the Indian tradition of married women wearing the maṇgaḻasūtra is a sign of oppression of women and that rape is an outcome of this supposedly inferior status of women in Indian society. If so, are there fewer incidents of rape in western societies where women do not wear the maṇgaḻasūtra? Facts reveal otherwise. For every 100,000 residents Sweden experiences 46 rape incidents, United Kingdom 23, United States of America 27.8, whereas India experiences 1.8 (a fifteenth of what the USA experiences). In addition, 15% of American college students report having been victims of date rape. Please do not get me wrong. I am neither suggesting that data is always trustworthy nor that Indians should be satisfied with the fact that their per capita rape rate is lower than that of western countries. No matter where we reside, we should not tolerate a single incident of rape but available data not only shows that the occurrence of rape in India is lower than in most western countries but more importantly, that there is no correlation between rape and the maṇgaḻasūtra. In Singapore, where Hindu women indeed wear the maṇgaḻasūtra, there are no rapes at all.
…
Emer O’Toole, in her reasonable article, Delhi Gang-Rape: Look Westward in Disgust, castigated this racist and neo-colonial tendency to blame Indian culture for a universal crime. She presented statistics to prove that while India convicts 26% of rapists, “in the US only 24% of alleged rapes even result in an arrest, never mind a conviction.â€
…
Awindra Pratap Pandey, the brave young friend who valiantly fought in defense of Jyoti until he was beaten unconscious by her rapists, cautioned against sensationalizing the issue and instead urged everyone to focus on the real causes. If we want to prevent future rapes, we should listen to the sane voices of Emer O’Toole, Owen Jones, and Awindra Pratap Pandey and not use this tragic incident to push our own pet ideological agendas.
Our analysis should focus on the systemic, biological, and memetic factors that increase or decrease the likelihood of rape so we could prevent rapes in the future.
The Systemic Aspect
…
Thugs and goons have been created by this land baron-government nexus and the recent brutal rape is a manifestation of this culture of intimidation. It does not matter whether or not those who were responsible for this rape were themselves hired goons for the land-barons because they certainly have become a part of the culture of intimidation created by this government-land baron nexus.
It is important to remember that land mafia is merely one aspect of the pyramidal system of crime in India with those in power often at the top of the pyramid. As the journalist Kanchan Gupta points out, police maintain systematic records for taking bribes from transport operators and share the bribe with everyone in the highest echelons of the government. Who are the ones that sustain a ruling coalition in India? It is the 369 MPs and MLAs that are reportedly charged (none convicted) with rape or molestation of women that sustain any ruling coalition. They also control the police and judiciary in collusion with criminals.
These ruthless politicians have created a criminal system for their own benefit and it would be a grave mistake on our part to only focus on individual instances of crime without recognizing that it is the system that enables them to a good extent. A serious overhaul of India’s political system is overdue, and as Claude Arpi remarked, “it is a revolution that India needs.â€
However, while we are waiting for that to happen, a few systemic changes would minimize incidents of rape. Awindra pointed out that auto-rickshaws refused to ply forcing him and Jyoti to take the ill-fated bus. The reason for this is simple. Most auto-rickshaw and taxi drivers in India have political affiliations and have formed labor unions that collude against civilians. These drivers idle away most of the day and charge exorbitant fares for an occasional trip. They pay regular bribes to the police, judges, and politicians to co-opt the system. An Internet-based system which every civilian could use to requisition an auto-rickshaw or taxi on demand would solve this problem. Every requisitioned auto-rickshaw should mandatorily take the passenger to the destination at the preset rates and a refusal should result in the immediate arrest and jail-term of the driver along with the confiscation of the vehicle and license. Jyoti would not have been raped and murdered if auto-rickshaws had not refused to ply her.
The Biological Aspect
However, while these systemic changes will minimize the incidents of rape, they will not eliminate them. This is evident from the fact that western countries, where there is no corruption at the cutting edge, experience a higher rate of rape than India. This means one should understand the biological basis of rape. Randy Thornhill and Craig Palmer published the findings of their research on rape based on evolutionary biological models in A Natural History of Rape: Biological Bases of Sexual Coercion. They showed that rape is primarily motivated by sexual urges and not by an imaginary need to control or subjugate women (as incorrectly claimed by Achal Bhagat). This is why most rape victims are young and are reproductively fit. It could sometimes be accompanied by brutal violence as in the case of Jyoti but the primary urge is sexual. Animals rape too, so it is not even a uniquely human phenomenon. Since it has a basis in evolutionary biology, it is reasonable to conclude that a rapist evaluates the cost and benefit of the heinous deed he commits and picks the most vulnerable target. A rapist is discouraged when we eliminate easy access to potential victims. So, effective policing and the prospect that the victim would lodge a complaint and that the courts would punish him would be a reasonable deterrence to the rapist.
Technology can help here. A victim should be able to lodge a complaint over the Internet and the onus of attending to the victim should be on the police and judiciary. In cases such as Jyoti’s, DNA evidence is reliable and sufficient to pronounce the rapists guilty and there is no need for recorded statements by the victim or parades for the witness to identify the rapists. Tragically, a female judicial officer, who was either insensitive or incompetent (if not outright corrupt), took a verbal and written testimony from the critically injured Jyoti, and then inexplicably claimed that Jyoti had been coerced to testify. As a result, the courageous Jyoti had to testify again from her deathbed. On the other hand, a judicial process that would only rely upon DNA evidence in such cases would deter the rapist. If the 369 Indian politicians accused of rape could be sent to the gallows within a week of committing the rape based on DNA evidence, other potential rapists would surely recognize that they too would pay a heavy price should they attempt to rape a woman.
A society that protects its women actually deters the rapists whereas anonymity encourages rapists. No, I am not at all making an obscurantist suggestion that women only stay at home. On the contrary, our womenfolk would fearlessly go out to study or work when they know that decent men in society would protect them.
The Memetic Aspect
…
Bollywood movies often paint harassing women into submission as romantic. Stalking a woman is portrayed as cool. Even more atrociously, a rape victim is portrayed as finding a virtuous trait in her rapist, falling in love with him, and then marrying him to reform him. Bollywood actresses announce that they are “ready for rape.†A porn star is projected as the role model. These portrayals create a memeplex where the woman is treated as if she is a commodity. The vilest elements of society thrive in such a memeplex and imagine that every girl on the street is a commodity to be stalked.
…
Jyoti’s father, who revealed his brave daughter’s name because it is not her fault that she was raped deserves our admiration. Devala rṣi, the ninth century CE Hindu saint, would have been proud of him. India experienced a wave of Islamic invasions in that period and those jihads were accompanied by widespread rape of women. Devala rṣi wrote a text called The Devala Smṛti in which he prescribed that a woman does not lose her sanctity when she is raped and mandated her men-folk to join her in performing a few rites to help her to once again announce her sanctity. These rites, not only helped the woman bring closure to the unfortunate events that had traumatized her, but also restore the possible loss of self-dignity.
If I were to paraphrase his prescription for a modern audience, Devala rṣi was saying that it is not a woman’s fault that she was raped, it is not the victim who should be ashamed, and that her men-folk should join hands with her in the journey towards reclaiming the sacred feminine.
We have enough in India’s sacred traditions, theistic and atheistic, to guide us in this journey.
This is one of the most thoughtful, sensitive and well-written articles I have come across on the horrifying Delhi Gang Rape: “Reclaiming the Sacred Feminine in the Aftermath of Delhi Gang-Rape” http://j.mp/Wo964e
It is written by Kalavai Venkat – who some of you may have read before…
Two more commentaries on this heinous crime that I came across earlier today..
The first, MJ Akbar, “Should we call the police?” from which this concluding line: “A government that shrugs off rape is raping the nation.â€
The second, “Cops took more than an hour to help rape victim” by Kanchan Gupta http://j.mp/13daAo7 which highlights the deep, fundamental & troubling questions triggered by this horrifying crime.
Pl read. Think. Share.
Reproducing 2 quick points I made on a different forum:
1] The deeply regressive feudal culture that is widespread in N India is not “Hindu” culture – it is the remnant of whatever was able to withstand the barbaric and brutal onslaught of relentless invasions driven by an ideology that had no respectable place for a woman..
2] More than a thousand years back, “Devala rá¹£i wrote a text called The Devala Smá¹›ti in which he prescribed that a woman does not lose her sanctity when she is raped..” This is Hindu culture.
As an aside, pl do read “Reclaiming the Sacred Feminine in the Aftermath of Delhi Gang-Rape” http://j.mp/Wo964e by Kalavai Venkat.
bhai aapko us larki se mil kar peera hui ,mai na jane kitni aise betiyun aur unke ma baap se milti hu jo report ke liye mana karte hai ,kuch 20 din pehlhe panchkula me bhi same repaet hua ,aur aksar mai bhi kuch kar nahi paati hu ,mukdama kisi aur jurm ka hi chlta hai jaise dhamkana etc
jo gangrape victim hai aur jinhone report kiya hai aap unka haal jaan kar to aur bhi paseej jayenge ,unka social treatment bhyanak hai ,
anyways good suggestions you offered
suneet