Judiciary & A Social Evil…
Rapes and their tragic consequences have been affecting the people of India badly for the last few years. Whenever the news of such a horrific incident hits the headlines, the demand for a speedy and extreme punishment generates buzz. Rational and Human Rights-conscious people argue in favour of a quick trial, raise questions about the basic purpose of the Judiciary, and advise common citizens to remain aware of the judicial process. They also demand Capital Punishment for the perpetrators. Others respond with counter-arguments, stating that one should acknowledge the real situation without making theoretical arguments, and also try to understand that fear of Law and Justice among criminals is needed in order to avoid such crime.
Undoubtedly, the issue is critical. One should think whether people are considering this problem with a rational mind… and, whether the Government has taken effective steps to counter the problem. One would have to understand why and how the families of rape victims rely on the Judiciary for getting Justice. The Indians are yet to reform their Administration and the Judicial System in such a manner so that the victims and their families have Justice. As a result, a section of people argues that rapists should be hanged immediately… this sort of argument is impractical, and somewhat oblivious of the social background of the crime! India needs unbiased and logical discussions on these two opposite views.
What is the purpose of the Law, especially in the context of modern social landscape, Human Rights, and civilised and uncivilised society? It is really difficult to get an answer to it. In the name of Human Rights, we are actually overlooking the unspeakable mental condition of the rape victims, and the nexus between the criminals and the most powerful politicians… in other words, the sorry state and inaction of the Judiciary. The Judiciary is still the last resort for common people to get justice, and also the last institution to protect the innocents. However, what is important is to reform the Judicial System and to give the Judiciary more power.
Perhaps, rape and punishing the perpetrators are the ideal issues to trigger such an initiative. It seems that ‘shoot when they are caught‘ is not an ideal move, as claimed by some as a remedy. Instead, Judicial Reforms can ensure speedy trials and quick justice, and can ultimately reduce the number of the crime of this nature. At the same time, it is also important to identify illiterate, sick and criminal-minded people, and to stop them from committing the crime. Reducing the number of perpetrators in the society certainly requires many long-term plans. Special attention needs to be given to proper education and the elimination of people with mental disorders.
It is a fact that people do not commit heinous offences if they are afraid enough. The fear of Judiciary and the Good Governance prevents them from committing crimes. The State should think about well-thought-out processes which could generate that fear. It seems that there is a cost-benefit factor involved, considering the discipline through Economics. Pervert minds get immense pleasure by committing rapes and brutal torture. However, one can be stopped from committing the crime, if the fear of punishment outweighs that pleasure. This is usually expected in normal human behaviour. Whether it will be applicable for cent percent people is not a relevant issue. Even if it happens to most of the people, then it will be good for the society.
Social awareness regarding rape has taken such a shape in India, people have started demanding Capital Punishment for the criminals, instead of Judicial Reforms. Of course, people will become anarchists, if the Government and the Judiciary fail to generate the fear among criminals. Unfortunately, the electoral politics nurtures this anarchy in India.
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