Insensitive Nation over Rapes – Need for Judicial Expediency for Disposal of Rape Cases
Having written articles on “Rapes”, particularly against minors followed by their gruesome murders, since early 1990s, including the “Nirbhaya” gruesome murder in Delhi in 2012, all one can say with humility is none of the policy and decision makers are hypocrites of the worst order. And, the nation is insensitive to gory happenings.
One, the laws of the land – political leadership at the Central and state levels and the Judiciary - must deter those who commit such heinous acts.
RAPE IS RAPE – It is a violent and criminal act committed by the strong against the weak and meek. None should have any doubts on the above score.
For “RAPE, PARTICULARLY GANG RAPE, ACCOMPANIED BY MURDER IS PLAIN AND SIMPLE MURDER”. How can it be treated otherwise if we claim to be a civilized nation of 5000 years cultural vintage?
And, RAPE OF MINORS, PARTICULARLY BELOW 5-6 YEARS AGE, is also a most gruesome act done by a perverted individual. It should also be viewed as an extraordinary cruel offence worse than murder.
Recent rape cases may stir the conscience of civil society at large, but it will be subsumed into silence over a period of time. And, the law makers are quite adept in allowing the cases to fade away from memory.
As per the published NCRB data, a total of 405326, 371503 and 428278 cases of crimes against women were registered in 2019, 2020 and 2021 respectively.
According to the 2021 annual report of the National Crime Records Bureau (NCRB), 31,677 rape cases were registered across the country, or an average of 86 cases daily, a rise from 2020 with 28,046 cases, while in 2019, 32,033 cases were registered. Of the total 31,677 rape cases, 28,147(nearly 89%) of the rapes were committed by persons known to the victim. The share of victims who were minors or below 18 - the legal age of consent - stood at 10%.
For example, the data of Orissa is reproduced to highlight the rise of “Rapes”: According to a written reply by minister of state for home, Tusharkanti Behera, altogether 3,327 rape cases were registered in 2021 as against 2,984 such cases in 2020, up by 11.5%. Many of the victims were minor girls. Of the total, at least 1,646 were child rape cases in 2020 and 1,871 in 2021.
Altogether 2,950 rape cases were registered in 2019, 2,984 cases in 2020, 3,327 cases in 2021 and 868 up to April this year. A total of 1,635 child rape cases were registered in 2019, 1,646 such cases in 2020, 1,871 cases in 2021 and 432 in 2022 (until April), Behera’s written reply further read.
For the “continuing escalation of rapes’ in the country has not stirred the conscience of our lawmakers – quite a few among them being criminals – to enact deterrent laws.
Furthermore, the idea of “Rarest of Rare Cases” is also most abused by the high and mighty of the Judiciary to delay verdicts. They fail to their own cannon “Justice delayed is Justice denied”.
The Criminal Law (Amendment) Ordinance, 2013 was promulgated by President Pranab Mukherjee, on 3 February 2013 which provides for amendment of Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure, 1973 on laws related to sexual offences. The Ordinance provides for death penalty in case of rape.
The Media may attempt to raise the pitch against lawmakers and even criminals masquerading as ‘God Men '' like “Asharam” with political connections and followers; but the Media too have failed in their mission of bringing about sanity. The worst fraud is that the judiciary even grants them “Parole”.
Of utmost significance is the failure of the Judiciary to pronounce their judgments most expeditiously instead of delaying the cases in perpetuity – under the garb of “due process of law”.
No point in the Chief Justice of India taking suo motto notice of the Manipur Rape case as an exception to the rule. My question to him is simple. Where are the “Fast Track Courts” and why they have not acted promptly within a stipulated time frame of say 2-3 months. No point in blaming the “Police” for not filing the F.I.Rs against the perpetrators.
Just to recall the phenomenal delay in disposing the “Nirbhaya Case”, the Chief Justice of India may note that the Jyothi Singh’s rape case in Delhi to highlight the judicial delay at highest level. On 16 Dec 2012, the gruesome rape incident happened. Police took prompt action to identify and arrest the accused by 22 Dec 2012. On 2 Jan, 2013, CJI Altamas Kabir inaugurated fast track court (FTC) for speedy trial in the case. On 3 Jan, 2013, Police filed a charge sheet. On 17 Jan, 2013, the FTC started the proceedings. By 13 Sept, 2013, the Additional Sessions Judge awarded the death sentence. And, by 13 March 2014, Delhi High Court upheld the trial court verdict.
The Supreme Court stayed execution of the accused after allegations of a denial of fair trial in March 2014. After a 19 months delay, the hearing began in the Supreme Court followed by high drama extending over one year. Finally, on 5 May, 2017, the Supreme Court upheld Delhi HC’s verdict and rejected review pleas on 9 July 2018 by convicts awarded death penalty.
Thus, the Supreme Court is squarely responsible for over 4 years delay (out of 6 years) in the high-profile case that had stirred the conscience of the nation. If so, the Supreme Court too must accept its share of responsibility and accountability for the “Systems Failure”.
Thus, the Supreme Court is squarely responsible for over 4 years delay (out of 6 years) in the high-profile case that had stirred the conscience of the nation. If so, the Supreme Court too must accept its share of responsibility and accountability for the “Systems Failure”.
Never too late for the Chief Justice of India to spell out strict time frames for the disposal of rape cases at all levels and make appropriate changes in the “Legal Processes” for speedy delivery of justice.
In the past, even civil society is to be blamed for their divided posturing over the issue of capital punishment. In 2017, Gopalkrishna Gandhi, former West Bengal governor, grandson of Mahatma Gandhi stated “I feel that the death penalty and capital punishment belong to the medieval ages.” Ms Shabna Azmi, claiming to be a liberal, may cry ‘foul’ against capital punishment, particularly in civilized societies.
Human Rights activists oppose “death penalty’ for the convicts. Such liberals are living in a ‘fool's paradise’ of make believe and delusional “civilized society” of modern India. How can they ever understand the pain of the parents who have lost their children or victims under the most heinous conditions? Quite a few invoke the word “sensitization” of all those in the society on the need to restore balance in the mindset of people at large.
If liberals think that they can change the mindset of different layers of society by mere pontification from AC rooms, they are simply ridiculous in their expectations. Instead of high sounding pontification in front of the cameras, it would be better for them to go to the “Badlands of UP, Haryana, Bihar, Telangana etc” and make a concerted effort to change the mindset of the brutes.
The general view of rape is a crime committed by an adult male on a female. The fault lies in such a generalized view.
• Gang rape committed by a group against minor and setting fire on private parts and burning the victim to death is more gruesome and the most despicable criminal act.
• Gang rape committed by a group followed by killing the victim is simply “Murder” most gruesome.
• Rape committed by an adult male against minor’s falls may fall in a different category.
• Gang rape committed by a group of adults against a minor is yet another category.
• Gang rapes and rapes committed on foreign tourists is yet another occurrence nowadays.
All such cases are happening all around during the recent past and highlighted in the media. And, there has been increase in the incidents of rapes reported from all corners of the country. What a shame?
Why? The reason is simple. The laws and judiciary have failed miserably to deliver justice in favor of the victims.
And, there are many law makers like Mulayam Singh Yadav, Azam Khan and Akhilesh Yadav who justify the most heinous, barbaric and gruesome criminal acts as either “mistakes of boys” or “political mischief” or “blame the dress of girls” and so on.
Also, it is quite common for them to suspend police personnel (temporary) or transfer them or order enquiry commission (to buy time for people to forget the issue) and nowadays pay a huge compensation (Rs.35 lakhs in the recent case) as if it would erase the lifelong psychological trauma that they undergo.
No point for the judiciary in blaming the law maker, who have among them a bunch of criminals masquerading as leaders. Also, blaming the police for the abject failure in bringing the cases before the bench. It is quite common knowledge that the police act under the ‘fiat’ of their political masters and they dare not oppose them at the SHO level before they are shunted out.
Had such an incident of rape take place against their wives, mothers, daughters, sisters and other dear ones, would their response against be the same in a casual manner. The answer is certainly in the negative. They would chase and murder the culprits.
Media sensationalism of incidents and public outrage and furor cannot per se redress the deteriorating situation. Political leaders appearing at the door steps of victims to gain photo opportunity does no good.
Never too late to make laws and enforce them to restore modicum of civility is impossible.
Otherwise, it will be business as usual for the rapists on the ‘prowl’.
Time is running out; patience is also running out among people.
Wake up! Political leadership, particularly Modi led BJP, invoking slogans like “Beti Padao, Beti Bachao”, will lose all credibility for not passing laws appropriate to the “chemistry of the Great Indian Divide” with utmost expedition.
Wake Up! Judiciary – the Chief Justice of India - the law and order machinery delivers justice to the victims on a “real and genuine” fast-track basis at all levels. Specify time frames for disposal of cases at all levels.
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