What is the issue?
- The government has recently passed an ordinance mandating death penalty for those convicted of raping children below 12 years of age.
- This is a classical case of playing to the gallaries rather than a substantive step to address the large malice that is plaguing our justice system.
Why is the current move a mere political gimmick?
- After every major incident of sexual violence, there is a palpable societal outrage, and the politicians immediately initiate a populist action.
- Hence, the current ordinance regarding rape is nothing more than a mere political recipie to satiate the sentiments of the masses.
- The rationale for mandating “death penalty” is premised on the belief that stringent laws will reduce crime, but there is no evidence for the same.
- Sadly, populist actions has largely diverted our attention form the systemic failures that has been plaguing our justice delivery system.
- Sloppy police investigations, low conviction rates, the overall slowness of the judiciary only adds to the woes of the victims.
- Women organsiations have argued timely justice and greater focus on victim rehabilitation through medical and psychological support.
- But sadly, there is little that India seems to be doing in these domains.
What are the real problems that need to be addressed?
- Rapes and sexual assaults on women and children have reached epidemic proportions, which mandate a review of our police and judicial institutions.
- Police - Presently, insensitive methods of police investigation, tardy filing of charge sheets, insensitive counselling, disempower victims greatly.
- Also, rape survivors are subjected to a traumatising experience in police stations and hospitals where medical examinations are carried out.
- Such harassment gets into spotlight only in extreme cases, and efforts for improving this prevalent malice is severly lacking.
- Further, there is unwarranted delay by the police in filing missing person complaints and registering written complaints of sexual assault survivors.
- While the reasons such delays are many, it is often connected to prevailing biases of - class, caste, religion and gender.
- Such delays gives perpetrators ample time to destroy crucial evidence and cover their tracks by influencing witnesses or even threating victims.
- Judiciary - Aggressive cross-examination of the survivor and her witnesses and cumbersome court proceedings scar and scare the victims further.
- There seems to be little recognition for the psychological trauma and agony that the victim has undergone, while being subjected to a hostile trial.
What is the way ahead?
- Instead of harping on the quantum and severity of punishment, we have to highlight the issue of a low conviction rate for rape.
- There is a mounting lack of trust in the judiciary as the preprators seem to be enjoying a virtual impunity by using the loopholes in our justice system.
- Notably, “National Crime Records Bureau” (NCRB) data has shown that there is a high prevalence of repeat sexual offenders.
- We hence need to enhance the judicial capacity and special fast-track courts for handling sexual offences could also be considered.
- Additionally, we need to constitute structures for better care and rehabilitation for victims in order to ensure their good health and well being.
Source: The Hindu
