The government has recently passed an ordinance mandating death penalty for those convicted of raping children below 12 years of age.
This is a classical case of playing to the gallaries rather than a substantive step to address the large malice that is plaguing our justice system.
Why is the current move a mere political gimmick?
After every major incident of sexual violence, there is a palpable societal outrage, and the politicians immediately initiate a populist action.
Hence, the current ordinance regarding rape is nothing more than a mere political recipie to satiate the sentiments of the masses.
The rationale for mandating “death penalty” is premised on the belief that stringent laws will reduce crime, but there is no evidence for the same.
Sadly, populist actions has largely diverted our attention form the systemic failures that has been plaguing our justice delivery system.
Sloppy police investigations, low conviction rates, the overall slowness of the judiciary only adds to the woes of the victims.
Women organsiations have argued timely justice and greater focus on victim rehabilitation through medical and psychological support.
But sadly, there is little that India seems to be doing in these domains.
What are the real problems that need to be addressed?
Rapes and sexual assaults on women and children have reached epidemic proportions, which mandate a review of our police and judicial institutions.
Police - Presently, insensitive methods of police investigation, tardy filing of charge sheets, insensitive counselling, disempower victims greatly.
Also, rape survivors are subjected to a traumatising experience in police stations and hospitals where medical examinations are carried out.
Such harassment gets into spotlight only in extreme cases, and efforts for improving this prevalent malice is severly lacking.
Further, there is unwarranted delay by the police in filing missing person complaints and registering written complaints of sexual assault survivors.
While the reasons such delays are many, it is often connected to prevailing biases of - class, caste, religion and gender.
Such delays gives perpetrators ample time to destroy crucial evidence and cover their tracks by influencing witnesses or even threating victims.
Judiciary - Aggressive cross-examination of the survivor and her witnesses and cumbersome court proceedings scar and scare the victims further.
There seems to be little recognition for the psychological trauma and agony that the victim has undergone, while being subjected to a hostile trial.
What is the way ahead?
Instead of harping on the quantum and severity of punishment, we have to highlight the issue of a low conviction rate for rape.
There is a mounting lack of trust in the judiciary as the preprators seem to be enjoying a virtual impunity by using the loopholes in our justice system.
Notably, “National Crime Records Bureau” (NCRB) data has shown that there is a high prevalence of repeat sexual offenders.
We hence need to enhance the judicial capacity and special fast-track courts for handling sexual offences could also be considered.
Additionally, we need to constitute structures for better care and rehabilitation for victims in order to ensure their good health and well being.
