Sunday, January 13, 2013

"Murdered Till Alive"



Some days back, Delhi was reckoned by a incidence which media termed as "Delhi gang rape case", I asked myself  "why do these things happen and what is the recourse that we can resort to". Some propagated capital punishment , others had some interesting suggestions about making them impotent. Some radical view came from a certain sections "enlightening" us about how women should behave.

In my quest to identify the thin line that separates popular opinion and realistic approach I came to the conclusion that capital punishment is not a answer to this. In fact it will make it nearly impossible to convict these psychopaths. Taking in legal terms "rape is a intercourse without a will" and to prove it, the prosecution needs to prove an intercourse (evidence of which are gone in 3-4 weeks). Now in a scenario were medical reports are not available (which is often the case)... rape case will dilute to a sexual assault case (which is by the way is bailable). Now just imagine, if the penalty in capital punishment the amount of evidence required  will increase astronomically to prove a person guilty. Secondly, this whole theory of capital punishment is based on the assumption that making the conviction stricter, will make the a person fearful of the consequences.. will it work??? possibly no. In my limited intellectual capacity, I believe that the it's not that the current provision of 7-14 years of imprisonment does not bother a person,,,, it is because the conviction rate is so slow in India that its like any body can molest any women and get away with it (ironical, but true). Hence, steps should be taken to improve the conviction rate. 

There are a few things that will slowly but surely make are women feel safer. Firstly, these cases should be addressed in fast track courts. This will bring a end to the mockery that is currently made out of rape cases. Secondly, there should be a helpline (a real one, 181 is not what I am talking about) where a lady officer will visit the victim within 3-4 hours and basically do two things,,, file the victims statement (FIR) and get the medical tests including a DNA test done. Lastly, marital rapes should also fall under the provisions of rape..... in India neither the husband nor the lady considers it a rape ..... I am sure if that is done, we will come up with some mind boggling numbers.  


    

     

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