Can ‘instant justice’ curb crimes
against women?
Hari Jaisingh
A candlelight march from Raj Ghat to India Gate against rape
cases turned violent after the police stopped activists
at BSZ Marg in the
national Capital
Just recall the 2012 Nirbhaya rape case. Nirbhaya’s mother
Asha Devi has been fighting for justice for the past seven years.
It is a known fact that the
country has been
witnessing one rape case
every 15 minutes. Amidst
horrifying facts of crimes
against girls and women, all that we have been hearing is our
politicians’ big talks, no action.
Prime Minister Narendra Modi’s
slogan “Beti Bachao, Beti Parhao”
has definitely created public
awareness about the protection of
girls and their welfare. We have
also heard a chorus of anger and
impassioned voices in Parliament
amid nationwide shock over the
horrific and murder of a young
veterinarian doctor in Hyderabad.
Jaya Bachchan
Rajnath Singh
Against the backdrop of these
heinous crimes, SP MP Jaya Bachchan said in the Rajya Sabha:
“What has the government done?
How has justice been done for the
victims?”
Most MPs in both Houses of
Parliament expressed their fury
and called for concrete actions. All
that we were told by Union
Minister Rajnath in the Lok Sabha
was that the Central government
was “open to every suggestion to
curb such heinous crimes”.
In fact, both state and Central
government authorities should
have been ready with a detailed
plan for social, legal and political
reforms for justice on an
emergency basis. But, no one is
bothered about these matters
except for a momentary period.
Dead bodies of the accused in the rape and murder of the woman
veterinarian in Hyderabad
Just recall the 2012 Nirbhaya
rape case. Nirbhaya’s mother Asha
Devi has been fighting for justice
for the past seven years. But,
despite the Supreme Court’s
upholding of the death penalty for
all convicts, nothing has happened
till today. This speaks poorly of our
system of governance and the
rulers at the helm.
S A Bobde
Meanwhile, Chief Justice of India
S A Bobde propounded a
traditional theory on November 7
in Jodhpur that “justice can never
be instant” since it “loses its
character and becomes revenge”.
A senior Telengana minister
Talasani Srinivas Yadav, who holds the veterinary Animal Husbandry
portfolio in the K Chandrashekhar
Rao-led state government, has said
that the encounter is a “message
for the entire country”.
Statistics on this count are
alarming. Have we become a sick
society? Mine will be an emphatic
Yes. What else can explain yet
another public outrage on
December 7 in New Delhi and other parts of the country seeking
stronger measures against growing
rapes of women.
A day after the death of a 23-
year old woman from Unnao who
was set on fire by five men,
including two who were accused of
raping her, the victim’s father
has demanded justice “like the Hyderabad encounter”.
Talasani Srinivas Yadav
A senior Telengana
minister Talasani
Srinivas Yadav, who
holds the veterinary
Animal Husbandry
portfolio in the K
Chandrashekhar Rao-led
state government, has
said that the encounter
is a “message for the
entire country”.
The point is: why this clamour
for “instant justice”? This is simply
because the system has failed to
protect women and the conviction rate in rape cases is low. It was
31.8 per cent in 2017. What is
more, even after the conviction, it
takes quite some time to execute
the sentence.
Take the case of Nirbhaya of
Delhi. It was on December 6, 2012
that this paramedical student was
raped and brutally assaulted by six
men in a private bus. On December
29 she died.
On July 2013, a fast-track court
started proceedings against the
five accused. The fast-track court
awarded death to all four accused.
Amidst the due process of law, the
Supreme Court upheld the death
penalty on May 5, 2016. Can you
imagine Nirbhaya’s mother Asha
Devi continues to fight for speedy
execution of the death penalty.
Why is it so? This is all due to our faulty system of criminal justice.
What a pity!
No sensible person would
dispute Chief Justice Bobde’s
traditional theory of “instant
justice”. I, however, expected him
to provide a comprehensive
answer to crimes against women.
Ravi Shanker Prasad
In this context, I must say that Union Law Minister Ravi Shanker
Prasad has rightly stated that in
view of the people’s “crying for
justice”, India’s judiciary needs to
rise to the occasion”.
He said” “We have to restore on
a very urgent basis the confidence
of the people by fast-tracking of
these cases so that India’s stature
as a proud country governed by
rule of law be restored at the
earliest”.
To endorse Prasad’s stand does
not mean that I overlook multidimensional failures of our
political and social sectors of
governance. On the political front,
‘we see the absence of political will
on the part of our leaders. They
believe more in slogan mongering
rather than going deeper into the
system of governance and
addressing the core issues of
governance by bringing about the
much-needed reforms process,
especially in areas which
jeopardize women’s safety, honour
and dignity.
Narendra Modi
Even Prime Minister Modi has
not done much in this regard,
though he has asked the police to
ensure safety of women. However,
without police reforms and proper
orientation of the police mind, things cannot improve. PM Modi
talks big. He also and means well,
but without a concrete plan of
action to curb growing crimes
against women. We have to reverse
the on-going poor state of affairs.
The problem with us is the
blurring of our conscience and
judgment which has apparently led
to “a degree of debasement”. Since
more and more people are now in
the business of only “nourishing”
themselves, we see increasing
brutalization of society at all levels.
Cold-blooded murders, the
merciless killings of innocent
persons, rapes, police excesses or police indifference are all parts of
the growing sickness of the system
of governance.
Prime Minister Narendra
Modi has not done much
though he has asked the
police to ensure safety of
women. Without police
reforms and proper
orientation of the police
mind, things cannot
improve. PM Modi talks
big. He also and means
well, but without a
concrete plan of action to
curb growing crimes
against women. We have
to reverse the on-going
poor state of affairs.
To err is, of course, human. But
to persist in wrong doings is
devilish. Here what is equally
disquieting is the shameless way
the wrongs are defended.
The people do surely favour a
strong-willed Centre, committed to
tackling the country’s basic
problems. Even functioning of
Parliament leaves one disturbed.
Hardly any seriousness is seen
among MPs while discussing
critical issues facing the nation.
How can we expect improvement
in governance if the elected
representatives do not care to do
their homework.
In fact, several important
decisions are taken in a vacuum of
no-debate and non-information
and hence this regime of ignorance
and non-performance. Small
wonder that everything gets
conveniently distorted to suit the
convenience of the powers-thatbe. This goes on merrily in
different segments of our national
life. Even the functioning of the
judiciary itself calls for major
reforms on a priority basis.
The state of our justice system
has to be seen in sharp
contrast to professional and
dignified conduct of even lower
courts in the US.
I must state that only by
overhauling the existing order and
adopting a responsive politicoadministrative and judicial system
can the people’s faith in the
country’s democratic system be
restored. We deserve better
governance for the safety, honour
and dignity of our children and
women.
Amidst the gloomy setting, I
often wonder if Lewis Carrol (Alice
in Wonderland) and Jonathan
Swift (Gullivers Travels) had lived
to make an Indian journey in this
age, they would not have been
stumped for words for the bizarre
goings-on in Indian society!