Rohit Kapoor
She takes out the pistol from her bi-fold wallet, pumps all six bullets into his body and keeps on pressing the trigger repeatedly even when the chamber is empty, acquiring greater satisfaction each time she presses it and with no remorse. It was a scene from 1980 movie ‘ Insaaf ka Tarazu’. She was a rape victim and her tormentor succeeds in getting acquittal from court, emboldened thereafter, rapes her younger sister too.
She candidly admits her act of killing him but refuses to call it a crime. She attributes her act to her loss of faith in the judicial system.
There was approval by public in the cinema hall when she kills him.
The murder trial begins in the court.
Thirty nine years thereafter, on 5-12-2019, with the headline on TV screens, four rape and murder accused shot dead in Telangana; there is a sense of relief amongst large number of people across the country and appreciation for the police. “We are not bothered of what your legal procedures say or due course of law means. We are satisfied all four of them have been killed by the police. Fake or genuine encounter, is not our concern. The objective of punishing the offenders has been achieved so quickly in the manner it deserved and that is all what matters”. This is the crux of sentiments and mood of Indian public in general after killing of four accused in brutal gang rape and murder of a of a 25 years old woman veterinarian.
Again on 7-12-2019, the Unnao rape victim survivor who was burnt alive by five men, including her two alleged rapists when she was going to attend a court hearing in the rape case filed by her, succumbed to her ninety percent burn injuries.
Many a people thought of identical situation and same fate of the accused in murder of Unnao rape victim.
May not be justifiable in law or civility, however, it speaks volumes of failed criminal justice system in our country. I am not on the reasons, Law commission reports or Justice J.S. Verma committee recommendations after Nirbhyay’s gang rape. Committees and commissions are hall mark of any shameful incident in this country but unfortunately very little is followed and most of it remains part of voluminous paper work only.
The words of Rajya Sabha Chairman M Venkaiah Naidu “what is required is not a new bill. What is required is political will, administrative skill, change of mindset and then go for kill of the social evil’ need practical shape on top priority basis and not allow the serious concerns fade away once again with the passage of time till another incident of similar nature occurs.
Great economists of this country measure riches of this country in numerical values only. To my mind, no country can be termed as affluent or progressive unless its women and children are safe.
The reaction of public to killing of accused, as being observed, cannot be said to be completely unfounded in view of weakness in our criminal justice system at all stages i.e. investigation, prosecution and trial resulting in large scale acquittal of offenders. And merely lectures and conferences are not enough to rectify the defects.
At the end of trial, as the story unfolds, the Judge remarks with deep regret “he has no right to continue to occupy the position of a Judge as injustice caused through him (By letting rape accused go scot free) was more dangerous than the resultant act of killing by her.”
The Judge resigns from his position.
1976, in Lipstick, telling them that their acquittal of Gordon earlier resulted in Chris losing faith in the law, the jury ultimately finds Chris not guilty.
The above described scene is not too imaginary to sound a thriller as we are witnessing it in reality over last few days. The cause was and continues to be loss of faith in criminal justice system, which is a matter of grave concern.
(The author is FMR Addl Advocate General.)
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