Political
Diary
New Delhi, 6
October 2020
Dalit Nirbhaya
END CULTURE OF
IMPUNITY
By Poonam I Kaushish
India is in conflict with its betis. If recalling the horrors
of Nirbhaya,
Kathua, Unnao, Muzzafarnagar, Telangana etc weren’t gut wrenching, the latest tale of savagery
in UP’s
Hathras district 14 September where a 19 year
old Dalit teen was gang raped by
four upper caste men, stripped and strangulated, her spinal cord damaged paralyzing
her and tongue cut resulting in death 29 September, has horrified and outraged the nation again.
Worse, the police which did not register an
FIR in time or take the victim to the hospital nor insured proper evidence
gathering and forensic investigation, arrested the perpetrators only 9 days
later on 23 September for unfathomable reasons. The Aligarh hospital where she
was first treated carried out forensic investigation only 11 days later,
followed by another one in Delhi on 28 September by which time rape was hard to
confirm and she died the next day.
Adding insult to injury, the police post
haste locked up her sobbing family, denied them their daughter’s body to
perform the last rites and without adhering to basic human and legal right to
do so, boorishly carried her body to a wilderness and burnt her in the stealth
of night in her village.
Shockingly, the State machinery that was
lackadaisical in preventing the rape or taking immediate cognizance of her
complaint suddenly turned pro-active in managing the aftermath. The Administration’s
spin factories continue to give a thumbs up to an alternate narrative that she
was beaten not raped. No matter the 19 year-old recorded a statement to the
police to the contrary.
The brutality of the crime, shameless police
abdication in life and death enabled by many injustices and inequalities have
shaken and shamed us. More. With rank incompetence and apathy to answer for,
the police took cover under threat to public order by imposing Section 144 and
disallowed entry of Opposition leaders and media to the village.
Besides, that the teenager was an
“untouchable” belonging to the Valmiki community and her attackers upper caste
has opened old wounds in casteist India where these distinctions take
precedence above all else. Rubbishing, the Constitution fundamentals of
equality before the law regardless of gender and social status and equal
protection of the law in life and death.
Raising a moot point: We might have excellent
criminal laws, but what use are these when they cannot ensure a quick,
time-bound trial or punishment? Why does brutality
have to be the trigger point for the public to say enough is enough, kill the
culprits?
Alas, in the Hathras case no one has come out
smelling of roses. Add to this, the failure and inability of our grievance
redressal mechanism and justice delivery system, for which our police,
judiciary and lawmakers must share blame has a chilling effect on the aam aadmi. Specially, as times out of number the police force
across States have crossed red lines wherein extra-judicial killings are
celebrated as justice and no police accountability, rape convictions remain
low, despite anti-rape laws having been made stringent after the Nirbhaya case
alongside the Supreme Court expressing anguish.
Clearly, only when the State reinforces its
commitment to act impartially and with fairness can respect for the law deter
the powerful from its breach. Time now, for the Central and State Governments
to promptly review security of women and seek accountability from their police
force.
Law keepers unless held accountable to law
will continue to remain a weapon in the hands of the powerful Bahubalis. The police must document
rapes and the judiciary to fast-track cases instead of lingering them for
years. Happily the Allahabad High Court has taken cognizance and should expeditiously
bring the culprits to book.
Today again there is a cry to hang the
rapists or kill them like in Telengana. UP has formed an SIT. It remains to be
seen how promptly, objectively they ensure fair justice is meted and if the
Court’s indignation and mounting public anger help in making a dent in the
culture of impunity. Given that lines between those responsible for upholding
the law and those who break it are getting dangerously blurred.
That the teen’s killing is like water off a
ducks back becomes obvious when we see that barely had her pyre turned cold,
that another 22-year-old woman died after being gang-raped in Balrampur, ditto
the fate of three minor girls in Lakhimpur Kheri and a nine-year-old girl in
Kanpur and two eight-year-old girls in Gautam Buddh Nagar and Firozabad.
Appallingly, sexual abuse remains widespread despite tightening
of rape laws whereby four rapes happen every minute in India. Daily
newspapers scream
headlines of girls raped, women routinely stalked, assaulted and killed,
harassed by police or bullied into silence by family. And the country goes into collective maatam.
According to the National Crimes Records Bureau, 39,000 sexual assaults occur every year, five rapes occur
every minute
and one woman is killed every hour. In
a UN survey India ranked 85 out of 121 countries unsafe for women. Shockingly,
6.26 rapes take place for every 10,000 women.
UP ignominiously holds the record of the most
cases of crimes against women in the country for two consecutive years --- 59,853
last year and 59,445 in 2018 according to the NCRB’s latest report. It ranked second in rapes (3,065) behind
Rajasthan (5,997). It also ranked third
in rape-murder cases. Out of 278 such cases in the country, 34 were committed
in the State.
Undoubtedly, toxic masculinity tells men it
is okay even commendable to seize women who they can’t otherwise have. Topped,
by our regressive society which ensures that if they cross limits there would
find sympathisers and defenders who will pin the blame on the woman.
Plainly, in a society heavily loaded in
favour of men, women and young girls live in an increasingly unsafe environment
wherein they are viewed as sex objects and mince-meat for male lust camouflaged
as human animals. Comply or reconcile to battling it out at every level.
Perhaps it has something to do with our patriarchal lineage and misogynistic
culture.
Further, implementation of laws meant to
protect women, post Nirbhaya are patchy. In 2016 over 35,000 rape cases were
reported but only 7,000 were convicted. Tragically, women are on their own vis-a-vis their safety. There is no law
against sexual assault or harassment and only vaginal penetration counts as
rape. Horrifyingly, one Rajasthan hospital continues the “two-finger” test
(doctors insert fingers into the vagina) to determine if a woman has been
raped, despite the practice being banned in 2013. Sic.
Those who molest a woman are only booked for
“insulting or outraging a woman’s modesty” or “intruding upon her privacy”. The
maximum punishment is a year's imprisonment, a fine or both. Besides, though a
2015 law mandates victims be paid Rs three lakhs as compensation just three of
50 rape survivors have got it.
By
completely ignoring the systemic realities including police apathy towards rape
survivors, poor investigation, a judgmental criminal justice system which goes
for harsher punishments as a solution, our outrage seems superficial.
Suggestive of us shying away from the responsibility as a society for sexual
violence against women.
In an environ where incidents of moral
turpitude pervades across the country, we need to seriously ponder for how long
will women continue to be playthings at the hands of voyeuristic animals in the garb of men? Undeniably,
no civilized society can tolerate rape brutalization in silence.
Will the aam aadmi continue to rot at the hands of the policewala goonda whose slogan of being “with you, for you” is a
chimera! A time to ponder and introspect --- Balatkar akhir kab tak? ----- INFA
(Copyright,
India News and Feature Alliance)
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