Can Indian Laws and their Execution Process Deter Rapes?
The answer to the question “Can Indian Laws and their Execution Process Deter Rapes” is simple - NO. Provisions of Indian Penal Code (IPC) Sections 375 and 376 are inadequate to ensure effective deterrence against sexual offences. The earlier the “Legislature, Executive, Judiciary, and the Media – Four Pillars of the Constitution” realizes it, the better it is.
On deeper reflection, intellectuals cutting across the full spectrum are living in fool’s paradise, more aptly self delusion and fantasy, to believe that merely enacting laws would prevent the current spate of gruesome rapes including gang rapes and murders.
None can deny that lawmakers recognize that the laws are only appropriate to a “CIVILISED SOCIETY”. Also, they understand and appreciate that India is a multi-layered society – from Stone Age to Space Age. In the past, there have been allegation gang rapes in Amethi by Rajiv Ghandy group and also against Stalin.
Admittedly, it is gross intellectual absurdity or bankruptcy to expect that lawmakers to enact and enforce separate laws for various layers of society – predators with animal instincts like the accused in the Kolkata RG Kar Hospital Doctors case to all other categories to include: Badalpur gang rape, Kolhapur 10-year old rape and murder, 14-year old 10th class girls gang rape in Dhing area of Naogaon in Assam, Class 12-girl rape by Bus Driver in Punjab's Zirakpur among others in public domain.
Ipso facto, lawmakers have failed to enact fool-proof and fail-safe laws. Why? They have among them rapists and others with criminal records pending against them who allow loopholes to circumvent punishment.
My suggestions have been simple since 2012. In the case of murder following rape, “HANG” the accused in full public view instead of behind the four walls of the jail. For example, the accused in Kolkata rape case to be hanged in front of VICTORIA MEMORIAL in full public gaze and kept hanging for 24 hours.
Also, enact “CASTRATION” of accused as a punishment. If humans behave like animals (dogs on the prowl in streets) and predators stalking women, such animals in human form must also be caught red handed and castrated without reference to the judiciary.
In retrospect, to ensure deterrence, speedy delivery of justice is critical. The practice of “Due Course of Law or Due Process or Justice” is allowed to run its course; it is contra “Justice Delayed is Justice Denied”. Earlier the high pundits of the legal fraternity accepted the need for short time bound (One month at the most), one cannot expect effective deterrence. Otherwise, they too are complicit to escalation of rapes.
Who is to be blamed for the failure to ensure effective deterrence? Viewed holistically, Judiciary, State governments, concerned administrative machinery and State police forces are all responsible and accountable. Add to them, even the Civil Society activists particularly human rights activists.
Let me review the current laws on rapes after the Nirbhyaya Rape case on 16 December 2012 in Delhi. The Criminal Law (Amendment) Act of 2013 amended Section 375 and 376 of the IPC to broaden the definition of rape and punishments were enacted for effective deterrence against sexual offences. Further, the Criminal Law (Amendment) Act, 2018 was enacted to prescribe even more stringent penal provisions.
Many amendments followed to 376 include Section 376A, 376AB, 376B, 376C, 376D, 376DA, 376 DB and 376E IPC besides POCSO Act, 2012 IPC. Punishments were spelled out that could be awarded to accused committing offence of rape on a woman under 16-years of age to include minimum of 20 years in prison, or life in prison besides fine to cover the victim's medical and rehabilitation expenses.
Subsequently, punishments were spelled out that could be awarded to accused committing offence of rape on a woman under 12-years of age to include rigorous Imprisonment for 20 years to Imprisonment for Natural-Life + Fine or Death.
If they have failed to ensure effective deterrence against sexual offences the reasons are simple. Of course, it is quite common to blame the local Police forces for phenomenal delay in the investigation processes including sheltering and shielding the accused.
Going by the phenomenal number of rape course, the CBI is certainly over burdened, technology deficient and understaffed to deliver conclusive evidence in a time bound manner, particularly due to local government interventions, non-cooperation of the local police forces and media trails.
Finally, there is exhaustive literature available on “Sex and Rapes”.” Sex is inborn and ingrained in the human psyche – both men and women. Human society is undergoing tremendous transformations. With over exposure to pornography and vulgar display of women in the full media spectrum – visual and social media and films – to expect self restraint by all human species is virtually impossible. Individuals are getting excited and attracted to commit rapes. Also gone are the days of early marriages. Late marriages are the norm today. And, self-restraint is the only escape route to restrain rapes.
In the bygone days, towns and cities in India had prostitutes, streets and roads. For example, Mumbai contains the largest red light district in Asia, in the neighborhood of Kamathipura, Sonagachi, situated in Kolkata, GB Road in Delhi, Budhwar Peth in Pune, Meerganj in Allahabad, Shivdaspur in Varanasi, among many others. Kamathipura is estimated to have over five thousand sex workers. Maybe it is time to legalize “Sex Workers Profession” even in India, with regulations to include: mandatory health checks, job licenses, and adherence to licensing/tolerance zones. There is nothing new in such a provision and practices world over.
For example, as of March 2022, 53 countries had laws that legalized prostitution. The list includes: Germany, Netherlands, New Zealand, UK, Belgium, Austria, Greece, Turkey, Senegal, and the state of Nevada in the United States among others. 51% of the world's population resides in them. Another 12 countries had laws that limited the legality of prostitution, affecting 12% of the world's population. The remaining 35 countries, affecting 37% of the world's population, considered prostitution to be illegal.
In sum, the current Indian Laws and their execution process cannot deter rapes and murders of all categories. if one takes into consideration all the changes sweeping mankind, there is no easy escape route out to prevent and eliminate rapes, gruesome and most brutal. A number of measures have to be invoked and implemented including the fear of punishments, to control the menace of rapes and murders and to restore a modicum of sanity in the society.
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