The incident of brutal sexual assault on the 23-year old physiotherapy student in 2012 by six men in our national capital raised serious questions on the collective conscience of this country. The brave girl who reportedly was fighting for her life with utmost courage fatally succumbed to the gory show of masculinity manifested upon her in form of rape. Aftermath of the incident has been everything but encouraging. Sporadic protests that were witnessed across the country faded with passage of time. Broadcasting media as usual dealt with the issue in judgmental and sensational manner. Finally inflicted death punishment was advertised as quenching the thirst of the hurt morality. All the gravity associated with the case was sullied by pugnacious remarks made by the defence counsel, wherein he took the liberty to use his female relatives as an example. The greater point that still remains unsolved and that ought to have given prime importance is- ‘how to tackle sex-related crimes that are entrenched in our social psyche?’
Plethora of suggestions poured in subsequent to this crime. Most popular was the demand for capital punishment for the rapists, which has been achieved and is most likely to be confirmed by the High Court too. However, efficacy of capital punishment as capable deterrent is questionable. Crimes are natural concomitant of the human existence and are bound to exist till eternity. This however is no excuse for its undue proliferation. Two major factors that are pivotal to the probable solution are; preventive power of the state and innate sense of morality of the society.
Preventive power of the State
As a matter of fact, it is known to all that police power of maintaining law and order vests in the state. India is a democratic polity where the State is not only responsible for the maintenance of law and order but also for ensuring the welfare of its citizens. Earlier, policing and welfare were deemed to be contradictory concepts, especially in light of the colonial rule that we were subjected to for centuries. This particular attitude has led to the development of policing culture which rather being co-operative is dominant in its attribute. Our system treats victims as subject of sympathy rather than dealing with it full of upright vigour of undoing the wrong inflicted upon her. In case of sexual crimes, the situation gets disproportionately aggravated where the victim being a woman is to fight against the existing social prejudices along with the pain of crime committed upon her.
It is a matter of great shame that we being a democratic polity, pledging ourselves towards ensuring equality to all fail miserably at accomplishing the stated constitutional objectives. Leave apart the fact of demographic imbalance that we suffer in form skewed sex ration and Child Sex Ratio, we fail abominably at the most basic indices when it comes to imparting equal status to the womenfolk of our country. Whatever upsurge in the working women population and associated apparent development we have witnessed in post liberalisation era, is much more the result of changing economic/financial factors rather than social factors. Hence, the incessant trend of exponential rise in crime against women. In fact, the barbarism is increasing with every passing day with the victim of heinous crimes ranging from an infant to nonagenarian women. Are we the same nation that worships numerous female deities? Or are we using the religious pretexts to further our perversions against our sexual counterparts?
It is in these evitable conditions that preventive power of the state assumes great role towards decimation of sexual crimes against the women. The social and moral factors associated with such crimes shall be dealt separately under the forthcoming heading separately. I am deliberately emphasising on the prefix “preventive” by taking cue from well-known adage “prevention is better than cure.” The State as a political entity must prevent such heinous happenings. First, because in the Locke’s view it bound by a social contract to ensure well-being of its subjects. Secondly, it is the moral duty of those wielding the power conferred upon the state to maintain the sanctity of the whole concept of statehood, of which peace, security and law & order form an inextricable part.
Prevention in a society like India may be achieved by judicious mix of reform and deterrence. The whole machinery of the state shall have to work sans machinations to accomplish this arduous task. Legislature, Executive and Judiciary ought to work like well-oiled components of a sophisticated machine which otherwise is very simple in its execution. Mere paper-work cannot and will not yield any perceptible change. For that to occur, we need to streamline our efforts by keeping all organs of the State and the people in same loop. Such an enormously dangerous social malice cannot be cured by palliative treatment. What is required is to tackle the factors that cause proliferation of such crimes. We need to strike at root to achieve enduring solutions to this problem.
The Legislature at the state and central level is empowered by the Constitution to enact laws. However, it is unfortunate that we waited for gory crimes like Nirbhaya gang-rape to get into action. The Government budged to the public pressure and anger after the infamous incident in the national capital and formed two committees to look into the matter and come up with feasible solution. Justice J. S. Verma Committeesubmitted a detailed report pertaining to the sexual crimes against women. Based on its recommendations, the then government passed Criminal Law Amendment Ordinance which was followed by a detailed full time law in form of The Criminal Law (Amendment) Act, 2013. Some of the major provisions need special mention here.
- Acid attack was legally declared as a specific crime.
- It was made mandatory for the public servant (read police officer) to record FIR of any sexual crime without ill-treating the victim, failing which he may be punished for such dereliction of duty.
- Sexual harassment was specifically defined and punishment was laid down for it.
- Assault in form of disrobing the women, which is still a common feature in the villages of the country, was also given legislative recognition as a specific offence.
- Voyeurism and Stalking were also included as separate offences.
- Trafficking of persons was given wider definition with stringent punishments prescribed foe the commission of the same.
- Most importantly, the definition of “rape” was widened thoroughly wherein acts other than penile intercourse also came in the ambit of rape as an offence.
- The demands of providing strict punishment to the rapists by the public were given voice in this Amendment Act. Imprisonment up to life term in case of rape, imprisonment not less than twenty years which may also extend up to imprisonment for life in case of rape causing death or resulting in persistent vegetative state of the victim or in case of gang rape has been provided. Moreover, punishment in form of imprisonment for life or with death for the repeat offenders also forms part of the body of law dealing with rape.
- Similarly, by the same Act, necessary amendments were made in the procedural laws such as CrPC and Indian Evidence Act.
Above was the list of steps that were taken by the legislature of our country to tackle the ever growing menace of sexual crimes. However, various activists working in this field were not satisfied with such steps as it in their view did not overhaul the system as was expected. Many recommendations made by the Verma Committee such as inclusion of marital rape as an offence was not accepted on the ground that our society is yet not ready to conform to such changes.
Apart from the Verma Committee, Justice Usha Mehta Committee also made several recommendations as to improving the safety standards of public transports vis-a-vis female commuters. It also laid certain suggestions to improve the legal structure to facilitate easy recording of complaints, proper health services etc.
The Government has also passed The Sexual Harassment at Working Places (Prohibition, Prevention and Redressal) Act, 2013 to provide apt legal protection to the ever increasing woman work force from sexual crimes happening at the work place. The seminal Supreme Court judgement in the case of Visakha v. State of Rajasthanwhich exhorted the Government to enact such law more than a decade ago found legislative voice unfortunately after a prolonged delay. Its better late than never. The Act lays down many safeguards especially mandatory setting up of Internal Complaints Committee at every workplace with specific composition laid down in the Act itself. What we need now is implementation of these steps so that such lofty words do not remain as mere embellishments on the paper.
Executive’s role comes into play when it comes to proper implementation of the laws. Laws have plausible utility only when it is properly implemented. Sadly, the story in our country is very bleak in this regard. We have excellent laws sans implementation. Not everything is hunky dory when it comes to implementation of laws. It is the major failure of our governance model when despite of existent laws our system fails to provide the necessary respite to the victims of sexual crime. Here the social psyche and inadequate facilities are equally to blame. As far as latter is concerned we need to conduct wholesome gender sensitisation programmes for our Police forces. It does not portend well for our system that we need to make specific punitive laws to ensure performance of duties by our policemen. To ensure such happenings not to happen again we first need to correct the gender imbalance that plagues our police forces. We need “policewomen” in comparable numbers to that of “policemen.”
There is dire requirement of changing the image of police as a bullying force seeking vengeance from those who approach it to a cooperative unit that works to uphold the constitutional values to which it has sworn itself. Whole structure of police force is still reflective of the colonial relics. It should be transformed with major changes to be initiated at the level of training itself. The purpose of police in independent India is poles apart from that it used to serve under the British masters. Our system has largely failed to come out of this colonial mindset owing to the colonial laws, rules and regulation which govern our police forces till date. It is this legislative apathy which has caused consternation among the general public and sullied the image of our forces permanently. So much so that even honest and dedicated personnel are painted in the same colour in spite of their otherwise commendable performance. We need proper upgradation of our police forces and associated systems which tackle with sexual crimes at first hand. Establishment of a single window based “One Stop Rape Crisis Centres” is a necessary feature to ensure that every victim of rape gets support, care, treatment, security and legal advice without any unwarranted hassles and with full dignity.
With the two organs of government having taken steps we need to ensure that our judicial and legal systems also respond to peoples’ clarion call. Rape trials need to be dealt in specially created courts wherein the victim’s dignity is not compromised with. The ilk of lawyers must abide by their professional values and not other extraneous factors while assisting the court conduct trials of such heinous crimes. Any anomaly in such cases should not be tolerated by the court and Bar Councils alike. Neither the victim nor the accused should get undue advantage. Rule of law must prevail and by ensuring so our courts live up to the constitutional mandate conferred upon them. Speedy investigation matched up with speedy trial would act as the most potent deterrence from committing such crimes. However, it must be seen that the courts do not pander to the oft raised demands of the death punishments indiscreetly as they are not permanent solutions to such problems.
Innate sense of Morality of the society
What qualifies a conduct as moral? Can it be defined in black and white or is it mere part of the collective sense of the society at large? Moral refers to that sense which enables us to distinguish between the right and the wrong, with right and wrong being in itself subjective and relative interpretation of values of the society. However, it is quite clear what constitutes a moral or immoral action. Morality changes with the development of society as a unit. It is this persistent evolution that adds dynamism to this concept which also finds reflection of our laws. Laws and morals seem to me as symbiotic partners where one loses its importance without the other.
It is very common to observe the preceding generations lament upon the ever deteriorating moral standards of the society. I however differ on this point. Goodness and badness are not new to the human existence. They have and will exist till eternity. Our duty as civilised human beings is to establish the dominance of former over the latter. But it is sad to admit that we have somewhere failed to achieve this ideal goal. In fact, we have failed miserably. If not then why would barbaric incidents like that in Badayun, Shakti Mill gang rape etc have happened in spite of stricter laws in force.
State is powerful but at the same time it is equally weak in character if there is not strong society to back it up. State has its genesis in the society. Contamination of social standards is bound to result in an errant state too. We are specifically concerned with the social condition of the better half of our population in light of their basic rights to which they are entitled as human beings but have been deprived of by the society for being women. There has been structural violation of their rights in the pretext of maintenance of social sanctity. And it is this complex attribution of values to womanhood which has taken such abhorrent forms even in so-called civilised times we live in.
I have deliberately titled my write-up as “de-stigmatising rape” although it contains many other associated points to underline the role stigma associated with rape plays in the whole scheme of things. Stigma is the biggest perpetrating agent of crime against women. Our patriarchal society has systematically associated the womenfolk of this country as sole repository of righteousness and morality. It has cunningly suppressed their humane existence in the name of giving them exalted status. If not, then why is it that a scar on the face of male criminal is not that much unacceptable as a raped woman is? Why is it so that in cases of rape, victim is treated as hapless person the wrong committed upon whom cannot be remedied by seeking legal vengeance? Why is it so that we unfailingly describe a raped woman as a living corpse with indelible scars on its soul!
We need to answer such questions seriously, else our moral fabric which we so haughtily boast about would snap in the moment of rage the day the women of this country and the world decide to really listen up to their souls. We need to shun our “boys will be boys attitude.” We are nothing more than biological counterparts of the better half of the population and the unabashed power that we seemingly enjoy is not earned by us. It in fact has never been claimed by the women of this world.
Instead of preaching at length about morality and associated social standards, I would like to suggest certain steps that young generation of this country at least needs to take to ensure that we live in an equal and friendly world. Firstly, love relationships must be relegated to personal levels rather than enjoying the predominant social attraction that they enjoy today. What goes on between two individuals should not be fodder of all. Normalisation of love relationship would serve as starting point for ushering in the era of gender equality. We need to accept that even girls have right to reject and that her proverbial “no” literally means a “NO.”
Secondly, sex must not be misunderstood as the expression of male dominance over the female to which the latter is morally bound to surrender. Instead, it must be ultimate expression of love which should not be the basis of character assassination if the relationship goes awry. Once again, it is the personal matter of two persons for which there should not be different scale for measuring the chastity of character.
Thirdly, marriage should be exalted to the status of real union of two souls instead of being a social compromise where all others except those to be married have vested interests. Dowry should be declared a social anathema resorting to which must entail some sort of social sanction.
Fourthly, since childhood at the opportune moments children must be made aware of the sexual differences that occur between them. And that too in the sense that such difference does not entitle any one a advantageous or disadvantageous position over the other. Specific social restriction pertaining to attire, posture, mannerism etc must be abolished because in the social arena what is unsocial is equally unsocial for a boy as it is for girl. We need to be uniform in appraisal of our children.
Fifthly, the male-folks of this country really need to shun their bullying, dominant, masochistic attitude. Even the girls need to disincentivise rather than encouraging “bad boys are cool” fad! What is bad shall remain bad irrespective of any cosmetic gloss over it. The males of this country must denounce sexist display of language, cinema and daily mannerism in every form.
To conclude, I would like to stress on the point that female chauvinism is not a proper answer to male chauvinism. It is at this point that we need to understand that in social context a poison can never act as an antidote for another poison. In order to ensure amity and equality among the different genders it is must that Mars and Venus should come together and work towards creating a better world, which is neither too sweet nor too obnoxious. And at last, we need to remember that rape is not an indelible scar on the soul of the victim, it in fact is testimony of still surviving barbarism of the society. It is nigh possible that cycle of change some day might produce similar results for the erstwhile dominant male class if they do not change even now!
