B L Saraf
Once again India is up in rage on the horrifying rape and murder of a young female doctor in Kolkata, as it was in December, 2012 when a young female was gang raped and murdered in a running bus in Delhi. Then, Nirbaya was the victim of the criminal act of the demented males, today, it is the Abaya who has fallen to the lust of a depraved. The obnoxious trend goes on unabated. On all indications, available on National Crime Records Bureau, the nation is not going to see end to it. Every four hours a rape takes place in India – most of them go unreported. This is despite the stringency imparted to the rape laws, in 2013.
In the aftermath of the brutal sexual assault on Nirbaya episode the GOI appointed a committee headed by Justice J S Verma, former Chief Justice of India, with two eminent jurists as its members to “look into possible amendments of the criminal law to provide for quicker trial and enhanced punishment for the criminals committing sexual assault of extreme nature against women.” The committee was constituted in response to a nation- wide out cry of the people against failure of Government to provide a safe and dignified environment for women of the country, who are exposed to sexual violence. The committee recommended certain changes in the relevant laws and prescribed measures to speed up the trial of cases relating to crimes against the women . It sought redefining of offences pertaining to the women .
The Government gave thought to the recommendations and implementedsome of them. Some couldn’t be implemented because crafty politicians set themselves on the job to scuttle the recommendations. The implementable recommendations were incorporated in the Criminal Law Amendment Act 2012.
Plurality in the political arena and democracy in the affairs of state governance do have many virtues but many a time, thanks to a cunning politician, they reveal an ugly face, also. It becomes a game of “Your crime versus My Crime.” The moment a crime against women is reported the “self styled opinion makers” hired by the politicians and faithful TV anchors look out for the place where the offending act has happened then, suit to their dishonorable convenience, train their guns. It has become the most disreputable tale of the day. We the unfortunate mortals are condemned to listen it, minute by minute, from all corners. A competition in the absurdities comes in the view.
Look what is happening to the present case; suddenly a 19 year old girl of the village Hathrras, in State of the UP who was allegedly raped and then murdered by some young men of the locality and the role of UP Chief Minister , Yogi Adityanath creep into the debate. Yogi is castigated for failing to avert commission of offence and his administrative capabilities are called in question to curb crime in the state. Local police and administrative machinery were, in particular, accused of being incompetent and prejudiced against the victims’ family.
As it has become a routine, all TV Channels go ballistic, collect the “assorted and convenient” faces to show a “feigned indignity” and shower pearls of wisdom, as how to cure the system. We leave political parties to their games. However, the question begs answer: will a crime committed against a young girl in one state, ruled by one political party, get condoned by a commission of similar kind of crime in other state, ruled by other political dispensation? The petty minded politicians must understand that, no matter, wherever a crime against women takes place it brings shame to the whole country. And when an element of caste and class is interjected in the sordid drama the society at large gets lacerated. Rape is not only an assault on the physical body of the victim, it totally destroys her emotional and psychological being.
The Justice Verma committee made an important recommendation which sought the introduction of notion of “Command Responsibility” According to this notion a public servant in command control or supervision of the armed forces or police would be held responsible for failure to exercise control over the actions of his subordinates resulting in rape or sexual assault . Time has come to cull out the recommendation and put it into the consideration .
It will be good to recall the concluding statement of the Justice Verma committee. The Committee said that the existing laws if and sincerely implemented by a credible laws enforcement agency, is sufficient to maintain law and order and protect safety and dignity of the people, particularly women and punish offenders who commit any crime. Though, it has underlined the necessity for improving the law keeping in view the modern times. Therefore, it comes to effective and timely implementation of the laws rather than having more of them that will ensure law and order in the society. The global experience shows that it is the fear of quick meeting out the punishment to the offender than its severity which acts as an deterrent. The concept of severity in punishment brings along with an unavoidable requirement of a strict proof, which should travel far beyond any shadow of doubt, if the perpetrator of the crime is to be brought to the justice. There is a golden rule of the jurisprudence: ” severe the punishment strict is the requirement of proof.” It is here that many persecution cases fail to nail the culprit.
If we want to have a credible law implementing agency to investigate the matter and bring accused to the justice it is imperative that there should be a separate investigating agency, not overburdened by a law and order enforcement job. Concomitant police reform is need of the day.
The decadence has consumed us so much that such abhorrent crimes don’t scratch our conscience. Our indifference and shrug off attitude towards these diabolical offences, often, allow a perpetrator to walkout free with a sense of impunity. The most shameful side of the story is that in order to evade responsibility and accountability we tend to draw equivalences even in the commission of crime.
(The author is former Principal District and Sessions Judge)
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