NO MEANS NO
On the occasion of International Day for the Elimination of Violence against Women here in comes an article written by the CEO, EDSTAR, Subhrangshu Sekhar Sahoo which reveals the tone of every citizen for eliminating the violence against women in our society.
With respect to Human Rights Day today I am going to put my reflection over the horrendous crime in Hyderabad or a dreadful perpetration in Unnao has really turned ordinary people to a scrum who are entirely churned up at political class, police and the judiciary. The time has come to put pressure on nation’s judiciary agency to erase rapists from society. There is huge difference between condemnation and execution. But this doesn’t mean that MPs speaking of mob lynching of rapists is true.
The people distributing sweets to the HYB police itself justifies that society is gradually losing faith on laws and justice. Unless we strengthen safety & precaution system, modernize police investigation and create a surrounding of concern these heinous crimes couldn’t be stopped even though we have capital punishments for rape convicted. The biggest issue is with the man’s soul or spirituality. This is the reason why we see a 13-year-old guy rape a 5 years child and a 60 years senior citizen can also even rape a 6 years child. How the country is going to face this rubbish spirituality? Like Hyderabad case, why the political bench don’t speak for killing Kuldeep Singh Sengar, Nithyananda, Ram Rahim, Asaram Bapu? Basically these play-actor Babas have created complete mess in the society in the name of devotion to God and they are the source of inspiration and courage for rapists. If we really want to ensure women safety kill one of the Babas which will set a perfect example for rapists and there is no loss or issue in killing them as they have looted people showing godliness as well as exploited many girls in the name of devotion. Just think of Indian army. If our army would have come in their mood to completely erase Pak army & separatists then years back neither there would have been Pakistan nor the terrorists. It’s the same constitution (having three principles – legislature, executive, judiciary) preventing them to do so. No one above these three principles of our constitution has right to take on law in hands. Now, guns are provided to police for that one-day encounter when they would be attacked by suspects and according to judiciary words, suspect is a person against whom an action is brought in a court of law subject to being accused. But this doesn’t mean that police would take the accused without handcuff for recreation of crime when they were brought from judicial custody to police custody. If the police would have gone to magistrate for handcuff of accused before taking them to reconstruction spot (according to court’s rule in reference to article 19), definitely encounter could have been avoided but the circumstances of that night itself stated that the police were not “properly alert” and were not “prepared for any untoward activity” . How could there be such minute loophole in such a great sensitive issue? Was really the police completely helpless that night? If yes, the investigation by HRC, magistrates is absolutely unquestionable.
Today in every 4 hours, a woman is being exploited and raped. It was last in 2004 a rape convicted was hanged to death. Since then it’s been 15 years & we have plenty of rape cases and luckily! trial is going for years. According to criminologists, in most cases a rapist use to murder the victim or try to bring damage to the victim as much as possible as he knows that he is going to get death sentence or life imprisonment after years of trial with the support of laggard judiciary system. We need to kill this animalism in society and bring fast paced justice policies. I am sad for the rape victims but couldn’t bear the pain of murder of victim who might be the only source of livelihood for a family. We have provisions for rapists in paper not for murderers and the fortunate fact for rapists is that the case goes on years, parents might lose everything to get justice and pay true homage to their daughter but hardly there are any cases that have ended up with full proof justice to the victim. It’s the voice and anger of every Indian after Hyderabad tragedy a bell was rung in the home of judiciary body for which the court rejected mercy petition by 2012 Delhi Gang rape accused and decided to linger on with the final verdict given earlier by the Supreme court as “death sentence by hanging to the rape convicted”. Hopefully very soon we are going to see the execution of death sentence to the accused of an awful rape case of India. It’s really a matter of cakewalk for the society, achievement for every girl of this country and masterstroke of the judiciary. But we need to know that years back the judiciary policies were framed in such a manner that the more punishment we demand for the rapists, the more burden of proof is upon prosecution and the investigation reports could be easily tampered under political pressure or police pressure as in many high-profile cases. So, why don’t the government beef up the prosecution, policing instead of speaking out for women empowerment. If we couldn’t provide enough safety and security to every daughter of India, women empowerment is simply a stupidity.
It’s a worldly concern spreading through every segments of political class, judiciary system and among concerned population of this country that why there is growing social acceptability for extra-judicial executions? Today people are getting impatient of justice delay and till the time the government don’t make a sustained attempt in order to bring out fast justice delivery process our democracy is going to be devastated because if we allow these extra- judicial process to continue play themselves out with social sanction, you will not be very far down the road having social sanction for mob lynching and stuffs like these. ‘An eye for an eye’ is a basic instinct and that’s what separates human from animals. This is which genuinely bind us with rule of law and constitutionally provides us a democratic society with a legal system in place. If then after, we turn out to be an animal to kill an animal, what sort of role model and example we are setting up for the next generation? Is this what we want the youth power to act upon for leading the world? Is this the culture and ethics we are being taught in our home or laid down by the forefathers and makers of the constitution? Being a part of an educated society I strongly disagree with the above questions with an answer as solution that instead of stopping girls to travel at night we need to teach every guy how to veritably protect and help a girl in night if required. But this could be only possible when we realize that extra- judicial killings can never be qualified and to bring much needed reform in society as well as to provide women proper security with sense of empowerment there is need for speeding up judicial process, reforming legal structure and justice is to be awarded on speedy basic because justice delayed sometimes is justice denied too.
Lastly, I would like to say that the encounter of rapists was an exceptional case in the line of justice which was true on social ground but to some extent a serious blunder done by the team on the basis of law and order. But having certain responsibility for a society, instead of creating messiness about encounter we need to think of what we can bring reform is Judiciary system. We need to ask for the value of votes we give to the politicians who later on make laws and regulations in the assembly which is executed by the executive and later on interpreted by the judiciary. Keeping in mind that judiciary system or the supreme court is neither having blood relations with any politician nor with any criminals, it’s the highest authority or body to maintain law and order irrespective of any person or party. The complete fault lies with the law makers and the dirty politicians. Mark my words, if immediate steps won’t be taken to eradicate rapists from society, very soon the same public who are the contributor to the vote bank of respective party would collectively drag away every useless leaders sitting on power and because it’s the country of people, by people and for people; there will be neither any charge sheet nor any court proceedings and rest of the people are intelligent enough.