Tuesday, May 10, 2011

Isn't it pure justice.. ?

Remember the scene from the Godfather wherein the Godfather (Marlon Brando) is sitting on a chair listening to Bonasera (the undertaker) who is narrating the woeful tale of how these bunch of young boys molested his young, beautiful daughter and when faced with resistance, disfigured her face. Bonasera is seen pleading with the Godfather to kill these boys so that his daughter gets justice and the Godfather says "its not justice, your daughter is still alive"; to which Bonasera replies "let them suffer then, as she suffers".



Tom Hanks says to Meg Ryan in the movie "You've got mail", "The Godfather is the answer to all the problems we face in our life. Every line is so powerful and so practical". In fact, he is true to a large extent. Today, Indian judiciary is faced with this peculiar problem of how to deal with serial rapists and what quantum of punishment would act as necessary deterrent for such crimes. The jury is still out on this but the initial response we get from women's right activists is not very encouraging. The Delhi high court observed, "We should seriously think of medical castration as suitable punitive action for people convicted of serial rapes and child molestation. The crime is serious and warrants for harsher punishments than the ones prescribed currently by law". Within the next few days, everyone who is anyone had an opinion on this and 90% of the opinions were against "Talibanism" and felt that civil society could not be cruel and could not maim or kill a convict in rape cases (even child rapes). People strongly felt that current punishment was harsh enough and we must raise the conviction rates rather than plea for harsher punishments.



I am willing to concede a partial point, that being, we must increase the conviction rates. The point I cannot accept is, our current quantum of punishments are sufficient to act as a deterrent and serve as "justice done". Let us apply the "Godfather rule" to this to verify. Consider a situation wherein a little girl 5-6 years of age is sitting at her home playing wither her barbie doll. Her neighbour "uncle" whom she has seen for so long day in and day out or say her father with whom she lives or say her uncle or say cousin brother (someone from her circle of trust) comes into the house. Taking notice that the girl is alone at home, proceeds to sexually molest her (with/without amounting to rape). This can be more than one persons too (gang rape). If the girl dies, its a simple case for the judge to award the death sentence /life imprisonment to the accused and the little girl is also out of the trauma once and for all. In the sad eventuality that the girl survives, the trauma lives with her for her entire life. Besides the physical pain that is endured by grown men sexually exploiting a child; since these were from her "circle of trust", the trauma increases manifold. She will never trust another person in her life. She will grow up into this un trusting individual who can never enjoy physical intimacy with any man she loves because of her traumatic past. In short, her entire life is affected by the lusty and criminal acts of few irresponsible men. In return, what punishment does the society prescribe for these men (if they are convicted eventually), a maximum of 10 years of rigorous imprisonment. Many cases, the conviction doesn't happen as our current laws have many loopholes and the victim breaks down in the court of law as her trauma is being used against her. The accused are set free to repeat this with another little girl and yet another life is destroyed. How can this be "justice done"??? The payoff for crimes against women and children is so high that more and more people find it a safe crime and indulge in it.



The sad part is, the moment someone suggests to make the payoff so less that people are scared to commit crimes against women, the women rights activists term them barbaric and Talibanism. Well sometimes, we have to put the fear of permanent damage into the minds of rapists. Why should our mothers, sisters and daughters stay home and not be able to travel independently because of the fear of being attacked and sexually assaulted by these 'beasts' and in turn these 'beasts' should not have a fear of permanent damage to their life in case they try indulging in crime against women. We are okay with our women folk and children living in perpetual fear but are not ready to put the fear of "justice" into the minds of these assaulters. I know death sentence would not be justice but like the Godfather says "let them suffer as she suffers". At some point of time, we have to look for options like medical castration and social disgrace and boycott as viable options for people indulging in heinous crimes against women and children. Lets make the society free from fear of being assaulted, pursued and attacked just because you happen to be a woman or a defenseless child. We as a society owe it to them more than trying to be fair to people indulging in crimes against them. Lets take the Delhi high court's observations seriously and come up with harsher punitive actions against serial rapists.



So long....

3 comments:

Anonymous said...

Good going Abhishek!

Anonymous said...

Castration would be half a justice to the crime done, though well thought off.
The stigma & depression the woman undergoes for the rest of her life..is far ..far away to what the punishment is thought of, but yes its better than the death penalty as that would mean freedom.

We talk about legalizing mercy killing in case of Aruna Shanbhaug,has anyone thought on implementing it(Castration) on the accused or was 10yrs imprisonment enough!

Anonymous said...

I'd say death penalty is better. Sure it might let the culprit 'escape' easily but at least we have one less problem to worry about.

Castration still leaves them alive and maybe motivates them to move onto other crimes, maybe murder out of frustration.

TheKulkarni