Caught as they were between the stony silence of an impassive government and the cynically simplistic demands of Opposition politicians for instant justice, it is hardly surprising that the leaderless crowds which spontaneously gathered at India Gate on Saturday and Sunday to protest the recent incident of rape in the Capital should have ended up in a violent skirmish with the police. Yes, lumpens looking for a scrap jumped in to take advantage and yes, the police did respond with mindless brutality against everyone present. But the primary responsibility for the turmoil surely lies with our national political leaders who simply lack the ability to understand and engage with a democratic upsurge from below, especially one that is not stratified by language, religion or caste. Confronted with the possibility of mass protest, the government on Saturday should have acted politically to assure the women of India that a serious national review of all legal issues surrounding rape, sexual assault and gender rights would be undertaken on a war-footing. Instead, its first and only instinct was to shut down the public transport system in Central Delhi and prepare for battle. When thousands of young women and men arrived at India Gate on Sunday having successfully evaded official attempts to restrict their movement, they found themselves face to face with a state apparatus that was not interested in a conversation.
Although arrests have been made after the gang rape incident and the government has promised a speedy trial, women in New Delhi and the rest of India do not feel any safer when stepping out of their homes. This is because they know that the official mindset has not changed. Instead of pushing the national debate in the direction of serious systemic reform, especially of law enforcement and justice delivery, a number of Opposition politicians have started an irresponsible debate on the need for the death penalty, or castration of rapists. These demands, which have had a populist echo amongst the protesters at India Gate, ignore the fact that shoddy investigation, poor forensics and misogynist attitudes among the police and even lower judiciary are the main reasons why rape victims in India do not get justice. The editorial page article by Anup Surendranath today explains why castration is not a solution. As for the death penalty, making it mandatory for rape will make it more likely that a rapist kills his victim. A committee headed by Justice J.S. Verma has now been tasked with reviewing the legal position on aggravated sexual assault. What the government must do is to commit itself to implementing all its recommendations, including any on police and judicial reform, and not simply cherry pick those that are politically the most convenient.
Keywords: Delhi gang-rape, India Gate protests, India rape cases, Delhi police, India police force, gender rights, death penalty for rape
I agree that capital punishment is not the answer. They must find a
way to educate the collective, and to actually prevent these crimes
from even happening on a smaller scale. You'd think that the massive
protests from the public would at least stop crimes of a similar kind
from happening, but it hasn't if at all, I see more news of women
being mercilessly gang-raped in various parts of the country. It's
horrible, really, how we went from being enraged by eve-teasing to
groping to rape and now gang-rape. Soon, we'll hear police telling
rape victims "You were only raped, you weren't gang-raped!"
I think something must be done to stop it at this point - anything
more brutal, and we would have officially lost our collective
humanity.I don't agree with inappropriate male-bashing either - in an
ideal world, all of us would contribute to making India safer, in
whatever non-violent way possible.
A man who disagrees with a woman and talks over her is not just being rude; he is trying to dominate her. A rapist is not really that bothered about sex; his crime is a display of power, he just wanted to dominate the woman.
You see, the fact that these things happen at all is not enough for the male-bashers of the world; they shall forever require more grist for the misandric mill. Punishing actual criminals is one thing, but it’s simply not gratifying enough to leave it there – they need to articulate what their womyn’s intuition has always told them, and go on the attack against all men. The problem, of course, is that the overwhelming majority of men don’t attack women in any perceptible way whatsoever. The solution, as feminists found, is to play Dr. Freud and posit some subconscious, underlying motivation – a dark, sexual, deviant, violent mentality, which acts as a universal explanation for male behavior.
It is a rage which triggered after the heinous rape in delhi. The
peaceful protesters were not there for instant justice but to wake our
politicians, police, and whole society that enough is enough. But I
don't think that our politicians have understood youth of this country
and the change they want to bring. They are still trying to buy out
time so that once time passes by , everybody will forget about it and
they can continue ruling as they have been in last 65 years. Changes
are needed everywhere governance, law, judiciary, policing and society.
People are either for changing law or more policing, but what they are
forgetting these will be short term solutions (yes we need short term
solutions too), but everybody has to work together if they want to
throw this evil out of our society. What India needs right now is women
rights movement and teach our kids right from school equality of men
and women. Men have to play a strong role in giving women there due
rights in the society.
Geeta and Sanjay Chopra were abducted and raped in delhi in 1978 by Ranga and Billa ,and now the same circumstances continue for Delhites. Nothing has changed
It should also be highlighted that the government and the police do not have any intention of curbing this menace. Otherwise they would have ensured that people's complaint are heard and FIRs are done. However, this government and police has gone at length to curb the protests.
Further, i disagree with one of your viewpoints that death penalty will encourage the rapist to kill the victim. I have to ask just one question why should we as a society be defensive while punishing the perpetrators. The age of reformative laws is over. Lets bring in punitive laws which does not show compassion to the criminals where is sensitive towards the victim and the society. At the same time other analysis and ways to cure it must follow. But this is also mandatory.
There is a callous attitude on the part of the government. There will be strict vigil and all of that for a few days. After that it, all will be ignored and situation will be back to what it was.
For last several days, there was no one from the government to reassure the protesters and try and understand their concerns.
Does not the state feel the pain and insecurity of its people? Why and
what is the need to engage in conversation? If not proactive, at least
reactive effort can be done. I feel strange when the politicians in
power treat protesting people as someone to be engaged in conversation
and strike a deal with.
It is unfortunate that the Political class lack the statesmanship required
for efficient functioning of the democracy.It is taking every movement
in a political way.It is necessary that the government acknowledges
the need of the hour rather than defend.By defending ,they are only
incurring more public wrath which will get reflected in the poll
booths.Rather ,by coming out and openly acknowledging that we need to
change and by taking concrete steps ,they can restore the public
faith.Imagine how the same situation would have been handled by
Periyar or Kamarajar or Anna!!
The political class have to remember that the easiest way to cling on
to power is to serve the people earnestly and it is easy too.And the
police should stop reacting.Don't they know it is the students that
are protesting and had they safe guarded them ,the "opportunistic
vandals" would not have sneaked in.It is highly unfortunate that
todays civil functionaries act upon orders rather than reason
themselves!!
I want to make certain points:
1)Death penalty or capital punishment can be a short term solution but we must focus on the bigger picture as of increasing the rate of conviction,setting up speedy trial courts for the victims.
2)physical training must be made compulsory in the school curricula.
3)Police reforms must be on the way especially their attitude towards women needs to be changed.
4)political class must engage in more effective management towards public crisis and mass protests.
This "rape"was anything but a rape. It was attempted murder, an act of terrorism, extreme torture and a reminder to all that "cok ujaar dena" is not a phrase but is actually practiced upon those that can be oppressed. Hence it was an act an act of genocide, since the victim can never bear children.
There should be a concurrent civil suit. The tort liability should be severally and jointly directed at the owners of the bus company, the police and politicians who have any linkages with the bus company, it's owners, the driver and his criminal companions.
Meantime, since this may take a few years, the public should be kept updated with the names, addresses and schedules, of all their family members (brothers, sisters, nephews,, nieces, sons, daughters, parents, uncles, aunts and heads of their clans). So that concerned members of the public can elicit their responses. It will also tell us if they come from families of criminals.
I don't understand the denial to having a death penalty for rapists. What else do you want to do to them; feed them for free in the jail as long as he lives?! The guy has violetly assaulted her and caused her unexplainable pain both emotionally and physically, that even death cannot cause. This is the most inhuman way of treating a human being. And i dont understand, why they should not be awarded death penalty. Violent gang rape, none of us will know the degree of its trauma, because none of us have been in that place. But what we know for sure is it would cause an irrecoverable damage that we cannot conceive of to the victim. In a country where women consider their virginity sacred, rape is not just any other crime, and its absolutely not as under-rated as the article states it to be.
I would like to point out if such shameful incident had occurred in
some "other" state of India,there would have no protest like this
one.Why there's so much hype about this? Countless no. of rape cases
are registered each day.Above all,there all caese too where no
involvement of police takes place and victim has to bear the pain.Why
there's no protest when some illiterate woman or girl is raped in a
village that is far from development. Because there's no
sensationalism in that case,there's no glamour in that case.
why,then,there's no student from DU or JNU to protest?
The Home Minister, the Delhi Police Commissioner,the Lt.Gen of Delhi and the Chief
Minister of Delhi have to go.
They should not be allowed to enter their constituencies.
The Press and the Electronic Media should not work like an information bureau.
They have a responsible role to play in saving this Democracy.
Appeal to Arnab Goswamy,Rajdeep Sardesai,Rahul Kanwal and Prannoy to invite Aam
Aadmi for panel discussions to understand the feelings of Aam and Aadmi.
Will they?
This government does not display the traits of an elected government. All they know is use of force to
quell any kinds of protests. I was appalled at the home ministers statement that if he talks to students
at India gate, tomorrow he would have to got to talk to Maoist!. The arrogance of the ruling political
class is deplorable. They are well protected and have no feelings for the safety of the common man. If
the victim was related to the political class we would have seen a different kind of response. I am glad
that young India is taking to the streets, I hope this continues until the political class wakes up.
Perfectly said. The government's instinct to make a show of solving all problems through banning instruments and circumstances that are inessential to the problem in question shows a failure to understand the principles of democracy, and a general intellectual retardation.
It's amazing that we do not have a single leader who has the courage
to come and talk to people face-to-face. What kind of people are
these? Hiding behind barricades and metal doors? Is this the
definition of democracy that once elected the leadership becomes a
shadowy figure behind high walls topped with barbed wire?? This is
India's shame. Not ONE PERSON who can lead. Contrast this with Obama
after the Newtown shooting. Even in the most difficult circumstances,
he has the courage to go out and meet people and share their grief,
assuring them that while gun ownership is difficult to handle given US
laws and the provisions in the constitution, he would look at all
possible avenues to help mitigate the situation.
“Stony silence of an impassive government”, we can understand the stony
silence exactly because human being is hardwired in to learn nothing
from history and hence condemned to repeat it. Otherwise our leaders
would have learnt that during the French revolution the individual
citizens becoming politically engaged amidst tremendous poverty, and
ultimately violence, a combination of factors including rising
expectations spurred by the enlightenment, massive starvation, and
frustration with the mismanagement of an inept monarchy.
Do you think the outbursts are only for the early punishment to the rappists ? These are the outcome of mis-deeds of our dishonest politicians who were never tried and punished properly for the same whatso ever - rape, money making in illegical ways, taking bribes -- what not?
The most sensible piece of editorial by the Hindu, showing deep
understanding of the true feelings of a battered nation!
thought provoking analysis of the present situation prevailed in Delhi
cant be more agree on "As for the death penalty, making it mandatory for
rape will make it more likely that a rapist kills his victim" this is a
gem of a editorial
While citizens can fault the government for its apathy towards security of women, rape is more a social problem. Given the number of rapes that occur in our country, one can easily say that rape is the culture of the land. Men do not respect women. Castration, stringent laws, more police are good deterrents, but one needs to change the culture of the land, the mindset of people across religion, castes and class. This change will take place only when with education at school, even parents and school teachers need to be educated.
As far as law is concerned, every offense in India is bailable and if you have contacts with the political party, bail is granted in a matter of hours.
This rage in Delhi should go on till the government resolves all the rape cases pending in the courts in India and takes concrete measures to ensure high conviction rates in future rape cases.
It is true that giving death penalty to the accused is not the actual solution to the problem. But to the youths filled with emotions and anger this seems as a revenge as well as deterrence for the criminals. They feel that if one more incidents like this is ignored then it would give fearlessness to the criminal mind.
The path to justice begins with accurate analysis and procurement of
evidence that seems to be a huge lacunae in most cases , with little
done to update the outdated forensic methods.
Demands for death penalty or severe punishment are either made by
politicians or by angry citizens. Experience is that we discuss,
discuss more and then forget till the next incident happens. As a
society, we have not enough to create an atmosphere of complete safety
for women and this is particularly true in metros with huge mobile
population. We cannot ignore impact of rapid urbanization on the
number of crimes in metropolitan cities.
Yes, we want justice done and ensure that enough care is taken to
protect privacy of the victim. But there are no quick solutions.
We have to improve our judicial systems. General experience is that
cases drag in our Courts for years and all attempts to clear old cases
have yet to show results.
Our police officers are not seen as woman friendly. This must change.
We need to urgently revamp the police administration.
Why the end solutions are demanded without attacking/analyzing the
chain of command of different stakeholders in unsafe India ?
Like it or not the police is competent to protect the 1% and their
work culture as they did yesterday in Delhi and in Imphal a day before
before where one journalist is killed in Police firing against public
anger demanding safe laws for women safety.
The safe and protective delivery system between the common public and police is desired and is not debated.Code of conduct of police is designed in such a way that it listens promptly and honestly only to the MP-nagar sevaks, corporate and VVIPs and protects only the powerful 1% via applying the colonial sectional 144.
When 99% of Indians or women reach the police station against male teasing and rapes they want bribes to get the law activated otherwise they shall find fault in the women and her dress.
PM is, as they say, neither the head of the government nor head of the Party he is supposed to belong. His theory that silence is golden is doing more damage to the country than all the crimes committed in the country including corruption and rape. Why couldn't he come out even to condemn the ghastly incident right in front of his Capital?? When a shoot out happened in US school, Obama went all the way to assure justice and that showed leadership. Manmohanji, if he thinks, that he should come out and speak loudly only about so called reforms which ultimately benefit corporates in India and abroad, Indians will not be wrong to conclude that his interests lie elsewhere and he does not represent the common public of India. Opposition politicians who are politicising the issue are damaging the cause further. One major issue that all the political parties should seriously consider now first that they should not give tickets to candidates facing charges of rape as it is widely known.
What is wrong with these politicians. Don't they realise that people have lost all hopes and are crying for immediate action and accountability.
Politicians of all faith should promise to the mothers and daughters of our country the following 3 things -
1. All rape cases should be settled and punishment finalized within 4 weeks; any undue delays or negligence by the in-charge of police and court should be punished.
2. Any politician (including PM) or any bureaucrat (including IGP) found using his or her power to protect any offender (including son or daughter) should be put behind bar for at least 3 years.
3.And finally.......Make a law so that the election commissioner will disqualify any candidate (even if he or she is in the power) the moment there is even a complaint on rape. After all a person who can not conduct himself in the public is not suitable for a law-making job.
Well said. How true! Indian politicians are only adept at snatching every opportunity
to make political capital of it. They are like 'empty tins making only noise and
nothing else". Some of them see even conspiracy in reporting a case of rape. Obviously, the people having lost confidence in the rulers, resort to demonstrations. Fast track punishment with sentences for life without any remission what so ever, might deter these criminals.
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