Saturday, December 22, 2012

Avoiding a Barbarian World?


I have no doubt in my mind that the maximum punishment under the law has to be given to the rapists in the most recent incident in Delhi. I am sure that the no judge is going to spare them if the evidence is presented. I have no issues in the India Gate protestors highlighting the issues connected with the recent rape and trying to broaden the debate to the wider issues of definitions and bringing about a more acceptable definition of rape or molestation. An FIR to be filed, police sensitisation is all necessary.

What I cannot understand is the cry for some punishment which sound barbaric.  Some of the banners hold out demands like “Hang them now”, “Castrate them” and the most horrific one “Treat them the same way they treated the girl”.  That to my mind is unacceptable.

The whole protest is to bring about some order in the society.  A society where each person is able to go about with his or her own life without hindrance. To go about without getting commented or molested or worse raped is a part of that.  More civilised we want the society to be, the more we need to respect the other person’s right. Right to go about the life and let other live their lives.  This also includes how we will correct the wrong doer.  What punishment we will give out and how we will give it out.

Remember, we as a nation got the admiration of the whole world in the way in which we treated Ajmal Kasab.  He waged war on India.  We did not just string him up on the nearest lamp post.  He went to a judge, had lawyers “prove” that he did do wrong and had lawyers defending (at least ensuring that the legal process was correctly done) and then it went all the way up to the Supreme Court and then the President and then he was hanged.  It was probably a forgone conclusion that he would be handed the death penalty. We could have just done it without too much of ado.  Then we would not be a civilised society and pretty barbaric.

In the distant past, before we became civilised, it was common for men to have sex with whomsoever he pleased? Rape was not an issue then.  It is in a civilised society that there is a concept of rape? So those who argue strongly for a civilised society should stop arguing for barbaric punishments? Even if we amend the laws we cannot probably make it applicable for this case? As they would have to be tried under the current rules. 
However we much we may detest them, however much we feel that they deserve more stringent punishment, we have to be law abiding.  Else the difference between the rapists and the rest would cease to exist.

Bala@Panaji

5 comments:

Anonymous said...

I agree... and though I agree with the reason of on-going protests, I still find one thing amusing... of all these people protesting near president house or online portals...how many come forward to help a girl when she faces eve teasing/molestation...of all these people how many can really say that they have not made even a single girl's life miserable ever, haven't done any such thing which made a girl uncomfortable ever... it's not just rape (or in this case the brutality) which is a heinous crime...even a single lewd comment passed on a girl is equally heinous...coz that too is a rape of a gal’s dignity…her right to live her life as she wishes without fear…if people want to change something they should change themselves first...they should change the mentality of eyeing a girl as commodity. Until we change that no matter what punishment we give, these incidents will be repeated.

Bala said...

I wish you had left a name Anon. Just so that we could address you properly.

All I am hoping is that this incident and the subsequent protests and so on chnages behaviour. After the plague, Surant beacme a very clean city. Hopefully all these youngsters would come forward to help someone in case of trouble.

Regarding the people protesting probably having passed a comment etc. If in retrospect, that person feels bad for that and would not repeat it, we should not hold it against them? Remember, even Gandhiji had stolen something in his childhood.

I am sure that there may be some in the melee who are not convinced about the issues but are there for "fun".

G said...

So.. don't castrate, don't get barbaric.. just a death penalty *by law*?
Shoot a man, and die. Physically and mentally assault an individual to an extent that their life becomes worse than the nightmarish brutality of death and still.. just, die?
The law needs to serve justice; that remains its sole purpose. This country is crying out for just, that.

Unknown said...

Hi Sir,

The outburst is due to the grisly details of the rape. Rape has been used as a tool to extract revenge, to break down an entire group of people mentally (Bangladesh) but in this case its simply madness which ensued.

As a result, people and I personally want a punishment which is exemplary. Hence the cry for castration and hanging on a lamppost. So that next time a rapist thinks before committing the act.

Bala said...

G and Presenjit

I share the outrage that you feel. And I can understand the anger that you feel.

But let us understand two things. However much you punish the perpetrators of this crime, we are not going to be able to restore the world to the victim or remove her sense of violation. Only her family and friends and the broader support which we show when she faces us as a society would make her life better. So talking about punishment as restoring her world is useless - especially for a crime like rape. In a cicil suit you can possibly get damages for your loss and that can in some sense mitigate the damage.

Secondly, in a modern world, we donot look at punishment as revenge for a crime but as a reformative (bring the person back in to society) and as a deterrent for future to tell others that you should not do it. It is restoration of the social order which is most important? Not inflicting pain on others; however repugnant they are?

There was a time when people suspected of witchcraft were burnt at the stake. Similarly, execution used to happen in public. Not so long ago even cattle rustlers were publicly executed in the Wild West. But would you and I want to go back to that world?