The popular view would send many fathers, brothers and neighbours to the gallows since rapists are known to victims in most cases
Like so many other men and women in Delhi, my friends and I kept a quiet, helpless vigil on Tuesday night for the young 23-year-old woman in Safdarjung hospital. All day long, on TV, in private conversations, on social media, the demand for justice was voiced, with rising anger and with grief. Over the last few years, the anger over the way we treat our women in India — killed before birth, starved and neglected as babies, denied education, respect, safety, freedom, brought up to be bartered into marriage, beaten, raped, burned — has been escalating, becoming more open. Sexual violence, the safety of women on the streets and in their homes, a media focus on one horrifying gang-rape after another: all of these have become mainstream news, at least in urban India.
When I think of that young girl, fighting for her life after sustaining severe injuries when six men in Delhi raped her and assaulted her male friend, I also want justice. Like many Indians, across the board, I want those men to be jailed forever, so that they can never hurt another person again; a base but very human part of me would like them to suffer as much as they made that woman suffer.
But when the conversation moves, as it does so frequently these days, to the question of the death penalty for rapists, I find myself unable to want that kind of vengeance. There are the practical reasons: aside from reasoned opposition to capital punishment, there is no evidence to suggest that the death penalty will act as a deterrent. There is the strong possibility that it would make an already low rape conviction rate even lower, since judges would be unwilling to hand down such an extreme sentence except in the worst and most brutal cases.
Then consider this: in the two-week period before this brutal gang-rape, a number of rapes were reported from Delhi and the neighbouring State of Haryana. They included the rape of a five-year-old girl by a local temple priest, the rape of a nine-year-old by a neighbour, the rape of a 20-year-old girl who was initially too scared to report her neighbour, the rape of a 70-year-old woman in Haryana by a young relative. These incidents — women raped by neighbours, relatives, people who know them — are far more common than the gang-rapes, horrifying as those are, that draw intense media scrutiny.
According to the National Crime Records Bureau data for 2011, most rapes are not committed by strangers. “Offenders were known to the victims in as many as 22,549 (94.2 %) [of all cases reported in India in 2011],” says the NCRB report. “Parents / close family members were involved in 1.2% (267 out of 22,549 cases) of these cases, neighbours were involved in 34.7% cases (7,835 out of 22,549 cases) and relatives were involved in 6.9% (1,560 out of 22,549 cases) cases.”
These statistics have been remarkably consistent over the years: you can say with confidence that on average, 90 per cent of rape cases in India are perpetrated by people known to the victim, from their neighbourhoods — perfectly ordinary uncles and brothers and fathers. (We aren’t discussing male rape here — because there are very few statistics available for survivors of male rape. It’s one of the least discussed crimes in India.)
And there are other, more clinical questions to ask those who support the death penalty. What about custodial rapes, and rapes by serving army officers and military personnel? The soldiers accused of rape in states Such as Kashmir and Chhattisgarh — if those accusations are true, shouldn’t the death penalty apply to them as well? The eight men who raped a Dalit woman in Haryana this year in October, who took cellphone photographs as trophies: death for them, too? All of those implicated in the rapes of women from the lower castes, in every State from Haryana to Madhya Pradesh to Bihar: if we could, would we send them to the gallows along with the Delhi six?
So if you agree that the death penalty should apply to rapists, be consistent about it, and prepare for the consequences. The people you’ll be hanging, more than 90 per cent of the time, won’t be strangers, the gangs of youth whom we can safely think of as marauding outliers, the threatening outsider beyond the threshold of our homes.
Swinging from those gallows, you’ll have local shopkeepers, tutors, friends of the family. In 2011, if you’d had capital punishment for rapists, that would have been 7,835 neighbours, 1,560 distant unclejis and mamajis and 267 fathers, brothers, grandfathers and cousins on death row, plus thousands of family acquaintances and distant colleagues. And that’s without adding in the policemen, the army officers, the paramilitary troops and the odd politician playing out caste wars on the bodies of women, whom we’d discussed earlier.
It’s going to be a long queue of familiar faces, the queue of those we want to hang for the act of rape. I wish I could believe that this sort of mass public execution — if we agreed that this was the way forward — would do more than slake our collective need for vengeance.
I wish I could think that public hangings would miraculously solve the problem of violence against women, but I don’t believe in fairy tales. Hanging the neighbour will not address the clear and present need to examine how violence works inside our own homes, within our own families.
We all want justice, and we desperately want this assault on women to end. I know that I want my niece, and every young girl in India, to grow up without the fear that stalked my generation of women. I know that I want them to have the freedom and the equality that so often eluded us, one way or the other; if we had it in our homes, we lost it when we stepped out into the wider world. If we fought for better working conditions for office-goers and domestic workers, women still often went back to face cruelty and fear in their own homes, where they should have felt safe and free. I would like this generation of young women to feel more than safe; I would like them to feel that they have the right to live with freedom, and to be treated with respect wherever they might be.
(Nilanjana S. Roy is a New Delhi-based author)
Keywords: National Crime Records, Delhi gang rape
Many of these suggestions of death penalty and rapid trials are difficult to implement in India, given the sheer volume of crimes against women. When a certain type of crime is endemic to a country, punishment of large sections of the population is politically, judicially and economically infeasible.
In Rwanda, following the genocides of 1994 in which ethnic Hutus butchered their
Tutsi brethren, more than 120,000 Hutu “genocidaires” were charged with murder.
Result: The judiciary and penal systems were overwhelmed and came to a
standstill. Rwanda resorted to poor quality “gacaca” or community courts to fast track cases.
Bottomline: in Rwanda, it was impossible to punish 120,000 people, let alone send them to the gallows!
Similarly, India which has 22,000 reported rapes/year does not have the wherewithal to prosecute and penalise rapists. Ms Sushma Swaraj & Sheila Dixit & others who scream for the death penalty, rapid trials etc. forget these ground realities.
As few as 25 countries apply the death penalty for non-homicidal rape. They are:
USA, China, Belarus, Iraq, Egypt, Jordan, Kazakhstan, Kuwait, Kyrgystan, Lesotho.
Malawi, Mongolia, Morocco, Pakistan, Philippines, Saudi Arabia, South Korea, Syria,
Taiwan, Tajikistan, Thailand, Tunisia, Uganda, United Arab Emirates, Uzbekistan.
Oddly, the only major democracy in that list is the USA. I doubt whether India fits
in that small list of overwhelmingly non-democratic nations that have extended
the death penalty to non homicidal crimes.
This is not to say that stringent punishment should not be meted out to rapists.
But the punishment should be proportional to the crime - despite the shrill, knee jerk reactions of Ms. Swaraj and her tribe calling for capital punishment.
Recently, we read about a neighbour raping a 24 yr old girl and burning her to death when she was alive. Is it less brutal? Less loathsome? More forgivable than the Delhi rape case?
So, when does a rapist get severe punishment? When a gang is involved? When it happens in a country's capital? In a moving bus? When the victim is not only raped but also beaten with iron rods?
How will the rapist being a police, an armyman, a neighbour, a relative will make a difference? In fact, that is when it is even more painful - someone who is supposed to be offering the victim protection and affection has actually maligned her. Isn't that horrible?
A rape is a rape. Period. Victim's suffering is the same. Rapist's relationship with the victim, place of rape, number of people involved is irrelvant and comparing any two rapes is both illogical and insensitive.
I agree with Ms Roy.
Many of these suggestions of death penalty and rapid trials are difficult to
implement in India, given the sheer volume of crimes against women. When a
certain type of crime is endemic to a country, punishment of large sections of the
population is politically, judicially and economically infeasible.
In Rwanda, following the genocides of 1994 in which ethnic Hutus butchered their
Tutsi brethren, more than 120,000 Hutu “genocidaires” were charged with murder.
Result: The judiciary and penal systems were overwhelmed and came to a
standstill. Rwanda resorted to poor quality “gacaca” or community courts to fast
track cases.
Bottomline: in Rwanda, it was impossible to punish 120,000 people, let alone send
them to the gallows!
Similarly, India which has 22,000 reported rapes/year does not have the
wherewithal to prosecute and penalise rapists. Ms Sushma Swaraj & Sheila Dixit &
others who scream for the death penalty, rapid trials etc. forget these ground
realities.
I think quantum of punishment is of less importance that the
speed with which it is given. I personally do believe in death
penalty but many experts believe that there is always a danger
that the victim may be killed because of impending death penalty.
Also as is rightly suggested that death penalty will make the
process that much more "cautious" and will take much longer.
What is far more important is the speedy and sensitive handling
of rape cases. Justice must be SEEN as being done. All the rules
and penalties are of no consequence if the trial lingers on ages
and victim suffers along.
Also like someone suggested that a "stigma " needs to be attached
on the rapist in some form or the other for everyone to see. Like
may be a mark on voter ID, passport, or any such document that
one needs every now and then.
This was actually a nothing article. The author clearly states the reasons for doling out capital punishment to rapists but there is no mention of any measures that she suggests for eliminating the rape cases. All I see is the author wishing for a lot many things but not having any idea how to get there.
Its strange that the author does not want rapists to be hanged just
becausse they are neighbors and friends...
I don't think capital punishment in every case of rape isn't very logical. I don't have an iota of doubt in instances like Delhi gang rape capital punishment must be awarded keeping in view the heinous nature of the act. Though the government or police cannot totally percent these instances from recurring, what is expected from them is that criminals are brought to book and punishment is served to them.
Regarding the cases of sexual assaults committed by close family members or relatives capital punishment shouldn't be considered as long as the ghastly act didn't cause any death of the victim.
Thank you for the article.
Please focus on the political class, that keeps most of the security apparatus at its disposal, and hinders normal functioning of the police.
We can not expect the police to be very active in rape cases and lethargic in loot/arson against dalits or political violence perpetrated by the politicians. An active police will always be active, a lethargic police will always be lethargic.
I used to think earlier that death penalty needs to be abolished in India like much of the world. But I guess the time for that has not arrived yet. I wouldn't mind having death penalty instituted as the punishment for all rape cases where the guilt is proven beyond doubt. There is no harm in having the laws skewed in favor of women for a period of time till the day Indians learn to respect their womenfolk as individuals and not objects that they possess.
It is true we need to understand the reason. But that makes no difference to the fact that those who do such horrible things have to be punished. It does not and should not matter if they are neighbours or relatives. They acted in an inhuman manner and hence have to pay the price.
What's the problem if we hang all the culprits including policemen, neighbors, uncles etc. It'll only clean up our society. It'll be a warning for those who want to commit this heinous crime. I'm of the opinion that fast track court must be designed for these macabre crimes and the culprits must be hanged without delay. Though it'll not curb this menace 100% but the rate will surely go down. No matter whether someone is police,army officer or military personnel. Punishment must be equal for all culprits and it should be capital punishment for this gruesome crime.
I oppose the death penalty, but I don't understand the idea that thinking of neighbors and soldiers being hanged should give pause to someone who favors it. You seem to be suggesting that one's feelings about a rapist would or should soften if he is your neighbor or uncle. But - should they, really? it is horribly hard to shift such a person from the category of someone you trust into the category of someone you think deserves to have the rest of his life taken from him or destroyed (by imprisonment) -- but in fact that's where a rapist belongs. He's cut ties with his humanity.
I agree with the question of being consistent with punishment meted out to those charged with rape and therefore the capital punishment route may not be the answer.
All forms of abuse against women (rape, domestic violence, verbal abuse, foeticide) seem to stem from one basic principle, the desire for CONTROL. And somehow it all boils down to what we've begun to believe as OKAY behaviour. One man may not hit his wife, but he may belittle her every day and leave deep emotional scars that may never heal. Another might resort to sexual abuse, because HE can.
Maybe we need to ask why some people wouldn't resort to any form of abuse, no matter what, while others may resort to some form of abuse when they feel they can get away with it.
To me the answer begins from what we've learnt to accept as normal behaviour; both as individuals who may not question (or even recognise) abuse in our homes and as a soceity that does not effectively punish the guiilty.
Totally a miss concieved message by the author. He is assuming that even after death penalty the rape incidents will keep happening at a normal pace. He has not considered the impact and the fear that will work as deterrant for committing such heinous crimes.
I am not saying to give death penalty in all rape cases. A holistic approach needs to be taken. But as in present case, where a 23 year old woman is brutually raped by half a dozen men and then got tortured and finally thrown away out of a moving bus, a constituition amendment is required to punish such criminals who are lethal for the society.
The points "miss roy" have mentioned leads to de-expedite the fast
track process suggested for rape cases.hanging is not a solution....??
is the question mark she posed in the view of her
article,mashaallah,but i think the way of punishing a rapist as
suggested by koran, is more practicle...we need to frame such laws
which comes under public view, so that while watching punishment
public is terrified before they do any such shameful act,punishment
should be severe n very severe. keeping the feelings,honour,dignity
and respect of women in view...punishment sholud be given,best
solution is death but it must be an eye opener to other rapists such
as father,military person,uncle,etc as spoken by miss roy in her
article
Even if the punishment is just six months, the system should sentence
them within say just max. three months, without delaying in legal
hassles. Also, I would suggest that a black mark should be entererd in
their passports/drivinglicences/ration cards, so that there should be a
stigma they should carry lifelong.
I strongly disagree. Being a father, brother or soldier does not give one a license to rape. Sparing the life of a rapist because he fits into one of these categories only reinforces the dangerously backwards patriarchal mindset that is polluting this country; not to mention it borders on rape apology.
Furthermore, the author clearly doesn't grasp the psychology of rape. This 23 year old woman, and the countless victims before her, didn't fall prey to sexual assault simply because the predators were craving sex- they were subjected to this grotesque, barbaric human rights violation (lets call it what it is) because their attackers harbor a visceral hatred of women.
Sexual predators do not see their victims as human beings. It is the agony and terror, along with the unspeakable humiliation and degradation they're causing the victim that really arouses them. Men who sexually abuse women see their own mothers, sisters and daughters as necessary evil- less important than livestock.
It's true we desperately need the culprits to be hanged till death but how many auncleji,mamajis and bhaiyas we can hang? let me suggest an example:-when a bridegroom is ready to marry then he usually visit bride's home with all his barat's(here relatives).After the meeting the relatives of bridegroom is really concerned about his(boy) views on the bride.
Hundreds of questions are fired to him asking "BETA,KAISI LAGI LADKI","SUNDER THI","HEIGHT THIK THA NA" and someone from his relative will chant "RAB NE BANA DI JODI". I am sure in 99% cases this situation is common.At this very moment we forgot how our own society insist us to think towards a female society.If she is good looking then she is confirmed to be "SEXY" otherwise we use to say "ugly".
We must remove this pathetic sentiments from its roots.Hanging or chemical castration is not the ultimate solution.
Timely article. Social media is abuzz with proposal for Capital
Punishment for rapists. We cant rely on such punishments for to resolve
crime in the country. Atleast in the case of rape, there is an urgent
need to educate the society. Why else will a father rape his daughter?
The existing law fails to prevent these happening within the
confinements of a family. I dont think such heinous acts happen because
they think they can do away with jail term but will stop afraid of the
capital punishment.
It is true that the perpetrators are known to the victims,in most
of the rape cases,incestuous or otherwise,a criminal congress.One`s
unrestrained carnal knowledge urges one to commit the heinous crime that attracts punishments in a most civilized society.When
the rapists happen to be our kith and kin,we hang back out of reproach and wish to dilute the matter,letting the criminals escape the sanction deserved.Then,what is the ultimate solution to prevent the recurrences of such crimes?We draw blank in our resolutions.In Arab countries,rapists are hanged in public view.In our democratic country,even the capital punishment does not deter the other unpunished criminals.In India,rife rapes are often reported.
Many foreign women are raped and murdered for sensual gratification which has brought qualmish disgraces on our country,culminating in irreparable loss of honour.Slew of steps and enactments will have little effect in preventing the crimes,unless political clouts are over looked.
i don't think this article says anything. we need the death penalty to instill fear and we want a few people to be hanged right now. all this talk of improving conditions is not going to help.
The point to be highlighted is not that, statistics shows the rapist to be person familiar to the victim, but the fact that, even after committing a heinous crime he virtually walks free in the society. Even kauravas were brother of Pandavas ,But they were punished because they were wrong. FULL STOP
Death Penalty alone won't be deterrant enough in a society where promiscuity is prevalent. Being married is tough and ways for sexual gratifications other than marriage are easier. The whole system attitude to look towards women need to change from respect for women to Respecting women. India need to be a literate state first to undergo western ideas, until then mob-justice will prevail if law and order isn't taking its role with responsibility.
There are close to none rapists in Saudi Arabia for same reason. First they give you no way of reaching any promiscuity and even after that someone falters the limits, they give the public capital punishment.
Individual who committed the crime may repent and his/her victim may forgive.
So there is no evidence that the death penalty reduces the number of crimes, is there any evidence that imprsonment does? No. Evidence aside, it will act as a deterrent, all of us know personally the value of deterence. It is high time an example is set, yes the real solution is a change in the way men think about women etc. but if this example is set people will not even think about commiting these heinous acts in view of what is in store for them. They may not change but they will be scred enough to keep to themselves. All this argument about who has the power to take a life is trash, doesn't life imprisonemt destroy a persons life it is worse than death.
what kind of a debased argument does Nilanjana use to question the argument of capital punishment for rapists? I mean, the reason not to go for capital punishment, in her view is that because it would mean capital punishment for people around us, for our fathers, uncle's and neighbours!? So what if they have raped their daughter, cousins or neighbours; people whom you trust. I can understand numerous good reasons to not apply capital punishment in such an act, but to avoid it because of the relationship with the culprits?! thats almost arguing for the case - she is promoting, even if subconsciously, such acts, which as a male i find 'heinous'. and the national daily publishes it...cant u find smarter people???
"I wish I could think that public hangings would miraculously solve
the problem of violence against women, but I don’t believe in fairy
tales"
No it will not solve the problem. The process of sensitizing every male has to begin within the home. It is the collective unit of people living as families that make up society.The killing of the girl child in the womb is where the violence begins-making the male feel, be it fathers brothers sons, that the girl is not needed in the family-how can they learn to treat women in equal terms when in village after village, and even cities brothers have no sisters, fathers no daughters? Dhanajay Chatterjee in Kolkata, Billa and Ranga in Delhi were all hanged for raping, but it has made no difference.In last 30 years millions of girls have been killed even before birth,by the choice of their families and no one has ever been punished. So assault on women will continue till society changes its ways. Indeed it is a
sign of a sick society.
A rape no matter who it is committed by stands way above murder.
Father, brother, uncle, grandfather, neighbor, priest, high ranking
police/army officer, no matter whom.
The victim is scarred for life and there is always a battle
psychologically (sometimes physically also) all along.
One can say that atleast a murder victim dies and does not have to
endure mental pain!
Also when the bonding of affection and trust has been breached among close relations and 'the rapist' has behaved like an animal, where is love or affection there? who would moan his death when hanged? definitely not the rape victim!
The highest capital punishment is indeed required for rapists considering the inflicted pain, mental agony and torment! A mere decade in prison is nothing to a rapist. Whats more in many cases, the society is not even ready to award that!
Its time that we relook into our laws, to enable the victim to first come forward and get justice. Its lame to still say .. its only rape and not murder!
When a neighbor rapes a girl he does not have any qualms in the heinous act agains his
neighbor.So death penalty for rape with violence is justified. That will deter the rapists
whoever he may be from indulging in the crime. But the charge must be clearly proved.
Yeah, hang them.!
When they can't respect a human, they don't need so much sympathy that you are subtly throwing at them.
Any act that infringes on privacy of a person, specially a woman, should be condemned and rape is the worst kind of humiliation a person has to bear. Justice is not served to the victim merely by hanging the perpetrators. Justice is served when society changes from one such case.
I really do not feel violated by my thoughts of putting down a rogue which commits rape. I, however, feel extremely sad when i think of the victim at the moment they are being violated.
I agree with the author. The problem is when such incidents come to light people want swift justice which often does damage in the long term. If we impose on capital punishments, public hangings we are going to end up with a society which runs on fear rather than morals.
One man's determination may not always bring a change in the whole nation. This is the time to take a citizens initiative, let us write to our local government officials, politicians and police. Let us insist them to take intiatives to safegaurd our local societies. We as citizens should take part in safegaurding our society from many anti social elements, one village at a time to the whole nation.
The only thing necessary for the triumph (of evil) is for good men to do nothing - Edmund Burke.
Death penalty as suggested by some,are very apt.The reason for
imposing the penalty of death is gruesome and would be a reminder to
the society
to refrain from doing it. But by imposing death penalty you are wiping
out that face from the society & as a result, within the shortest time
thereafter,people forget about the serious after effect of the crime.
Instead going for castration would be ideal and in addition either
cutting or rupturing the Tendo Achilles should be followed so that
from the restricted movement, other persons in the society would be
daily reminded of the horror of the crime till the offender survives.
The author of this article is in complete ignorance and makes no sense. Yes, death penalty WILL be a deterrant. Yes, strangers, neighbors, relatives are NO exception. If the crime is proved, the punishment needs to be swift and decisive. Take all your time to do the due process vigilence but once the crime is proven, the culprit needs to be punished.
The capital punishment is not'uncivilised'. On the contrary, it is the most civilised thing to do. There is no valid argument for avoidance of capital punishment. If life imprisonment is OK, why is capital punishment not OK? Shall we send the culprit to a rehabilitation school, perhaps, because sending him or her to a life imprisonment could also be argued as 'uncivilised'?
Take a look at the Nature that God created. Does it show leniency and exceptions in the execution of its laws? If you touch an electric wire, you die. You drink poison, you die. That is the price one has to pay for one's ignorance or willful disobedience of the law.
I would like to thank Ms. Nilanjana Roy, Editor and Staff of The Hindu for this brave discussion/article. I don't wish to take anything in this discussion/article out of context, but would like to build upon one statement:"Hanging the neighbor will not address the clear and present need to examine how violence works inside our own homes, within our own families." (last sentence, second paragraph from bottom). In my view, the problem(s) need(s) to be defined clearly, and then the answer(s) can be determined. It would be incorrect to determine answer(s), and then define the problem. One of the features of the problem(s) are clear: women are victimized, and are victims in a male oriented society. This feature is international, and worse in India. The quoted statement is directed "inwards", meaning homes/family. What about "outwards": meaning strangers who are perpetrators of violence (= e.g., rape) against women and men (very bravely noted by the author).
I have to contend with the author.The crime of rape perpetrated by a neighbor,or incestuous fathers,uncles etc.is much more horrendous than by an unknown pervert,not that the pervert's crime is less traumatic to the victim particularly innocent minor children.In the cases of neighbors etc.the victim's injury is more serious because of the TRUST that has been placed on the rapist.Such rapists deserve a much harsher punishment.Of course in the present bus incident and many such cases where a gang of thugs indulge in the crime the experience of the victim cannot even be imagined.While it is conceded that death sentence may not deter a
congenital rapist,various factors need to be taken into account while dishing out punishment which should in any case not be less than a minimum of ten years if at all it is to be effective.
What is the punishment you suggest for the like of KPS Gill, Rathore, ND Tewari etc. etc.
Nilanjana- I mean you do realize the justification you give for not
hanging these animals- just because they are the fathers, neighbors
and so on ??
The society needs to be cleansed of such animals- when a human being
is killed he dies one death but when raped she/he dies a hundred
deaths, maybe? Believe me there is no reason for such people to be
alive- and executing 25k rapists of the last year would definitely
make the society a better place and act as a deterrant!
Better than hanging them: Castrate them and tattoo a rapist brand on their foreheads. A living billboard is a better deterrent than a corpse.
One reason I would resist suggestions of death sentence for rapists is that it may encourage the rapists to kill their victims. As rightly pointed out,rapes are more often perpetrated by people known to the victim. In this case, it will be illuminating to know if the men involved had raped someone in their families too.
Also rape is an extreme case of harassment that women face. Unless there is zero tolerance for "eve teasing" such cases will continue to occur.Now, who can forget Priyadarshini Mattoo's case where her rapist and murderer was initially acquitted.
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