I have been reading about the atrocious incident that took place in Delhi in the recent past. When I saw the pictures of those 6 people arrested by Delhi police I could not believe my eyes, those thin ragged, slothful culprits have that much of strength to collectively commit such an appalling crime.
With 572 cases recorded last year, Delhi is the city with the highest incidence of rape in India. Sunday night , Dt16th Dec 2012 , a 23-year-old physiotherapy student was gang-raped in Delhi – India’s capital . She'd gone -- with her boyfriend who is an engineer -- to watch the Life of Pi at a well-known cinema in an affluent part of the city. Then, she decided to take a bus home. Instead of waiting for a public bus, she and her friend boarded a private chartered bus. The bus had tinted windows. Over the next several hours, several men raped the woman, beat both of them with iron rods and then left them on the side of a freeway. She was abused so horrifically that her intestines had to be removed. If she survives, she will spend the rest of her life being fed intravenously. I could see angry statuses on social media, I could see press, media, state minister, police authorities, Social activists, judiciary getting in a unending debate, it is basically time to take accurate and effective measures against a heinous crime like this. As India erupt in an outrage out of the incident, the unanimous strength of Indians by consensus is to demand the toughest punishment to the accused as horrifying as the act & to instill a fear in the minds of the criminal that they will not be left courageous enough to even think about it.The victim should get justice and relief with immediate effect and the award of the punishment should also be immediate not to leave a single lacunae for the criminals to escape in such context. With the present law and the system the victim is subject to further harassment and this needs a call to be changed in the present and prospective context of such crimes. I would recommend the effective measures in the law and the system as below :
1) A death penalty needs a careful analysis which is however an effective punishment which is demanded by majority needs to be analyzed from all aspects. Such a change in the law will leave the rapist with only one option they will kill or murder the victim after the assault leaving no evidence behind. In what conditions death penalty should be executed on such criminals should be properly worked on.
2) The criminals/accused should be surgically made dysfunctional, the part of brain which governs conscious mind and motor/sensory nerves to think and act should be surgically removed and the criminal of such an offence should live a life as mentally dysfunctional person who is as helpless as a small child with no hind and fore limbs in action. This is an effective punishment even in case of a alleged murder after the sexual assault.
3) Evidence Act can be changed in such gruesome acts and there should be no evidence required to award the punishment.
4) No cross examination of the victim by the opponent lawyer . The circumstantial evidence is enough to execute the punishment.
5A) Castration : seriously to be implemented for all such criminals along with other punishments.
5B) Life Imprisonment along with castration and Surgically brain portion should be made dysfunctional & Mentally unable to move or act so that criminal is held for the entire life.
6) Rather than trial court there should be separate fast track courts that should execute the speedy proceedings and award the punishment within a week.
7) Police should be allowed to use third degree on the criminals based on circumstantial evidence for the criminals to be guilty and admit the crime before police officials with an imperative camera recording of this evidence.
8) Traffic system should not be confined with camera scanning of those who are not following the traffic rules but the local busses should be camera scanned whether how many passengers in the bus , minimum passengers in a bus should be 10. Checks on bus drivers and the cancellation of licenses of illegal buses or those with tinted windows or curtains.
9) A frequent and better night-time policing on the streets, lonely pathways of Delhi.
10) She cabs or buses run by female drivers and conductors on the public-pvt transport to be started by the government specially looking for the safety of women.
Last but not least in the event of ineffective measures it is not just Delhi but the adjacent state Rajasthan and other states could be a target of such heinous crime where Bihar is already endangered where even 5-7 year old innocent girls are subject to such ghastly acts of the rape-criminals. Indian women not just calls for justice to her own self but at the same time a grisly punishment as similar to the act is required .
My earnest request to the custodians of law and order and ministry to implement the effective punishment to the criminals and justice to the victims in such a grisly act of gang rape.
Ms Shalu Bharadwaj Dhamaniya
Chair person –Women Cell
International Human Rights Association- Rajasthan Chapter
This petition closed almost 3 years ago
Public support and effective measures required to be implemented against such heinous crime