Need to look for specific and immediate actions
Frustration,
indignation and deep sense of injustice is pervasive – not only in Delhi, but
all around. Suddenly, media has started a new page (often runs into more than
one page) devoted to violence against women from all over the country. It is
depressing and deeply troubling to know of so many cases from all over the
country, reported daily. News bits that may have been scattered in different
pages or not reported earlier in the media are now being consolidated in one
place, almost like a section after the protests in Delhi.
One
thing is clear – we need to go beyond the infirmities in laws to tackle the
problem. There is pathetic failure in dealing with the culprits. In most
cases, while the silent majority is agitated, the culprits (known to all) roam
freely looking for the next victim with impunity.
The
trials (fast track or routine) proceed without proper witnesses. They end
mostly without conviction. This is the terrible truth we must confront. What is
the fear that prevents witnesses from helping victims to get justice? Why do
people shy away from intervening even when a small incident happens
or is about to happen? Why such collective failure? There is abject inability
everywhere (not just Delhi) to provide security and confidence to ordinary
citizens in fighting crimes. This must change.
As
important as changing laws or more is the need to look at the systemic flaws,
introspect about our own mind-sets and understand the collective failure. We
need to address deep maladies that turn good citizens into mute or apathetic
spectators even in a minor traffic accident; make them run away from
responsibilities; prevent them from lending a helping hand to a victim; avoid
protesting when a crime is about to take place or to refrain from being a
witness. Why does this situation prevail? We need to look for answers to such
basic problems too.
Some
specific issues must be addressed squarely.
Why is
it that the deep criminalization of Delhi transport system continues unchecked?
Almost every other major city in India and outside has a relatively decent and
disciplined transport service. Why is it that the Delhi transport is run so
extensively by criminalized workforce and operators? Having lived in Delhi, I
can recall several occasions when one felt terribly unsafe travelling in the
public transport, particularly the private buses. And, one is conscious of the
fears women have while travelling in these buses. But, despite everything (including
political changes), the Delhi transport system has become increasingly
criminalized. One cannot find any serious effort to change this by any
administration.
It is
high time for a complete revamp of the criminalized transport services in
Delhi. Government must take steps to put in place a modern transport system
equipped with continuous CCTV monitors and manned by staff with proper identity
records. Each bus must be tracked. There must be special vigilance protocol for
night services, stringent speed controls and so on. Government, police and
civil society must work on this. Authorities and civil society must engage in
identifying some specific action points. Secondly, civil society and government
must consider options for enhancing overall security and surveillance in the
city. Help must be quickly and easily available for anyone in distress.
It is
time to look for effective actions addressing a few specific issues. Of course,
that does not reduce the importance of the broader issues raised in the
protests.
Question of Law
Once
grievous injuries are present, and more so, when life-threatening injuries has
been inflicted, irrespective of everything else, there is clear case of attempt
to murder. Everything else is secondary and law must proceed to prosecute the
culprits under relevant sections.
The laws
can be amended to specify a minimum sentence of 15 or 20 years, when any kind
of grave injury is present along with sufficient direct or indirect evidence of
sexual assault or such an attempt.
The key
question is the effectiveness of the trial and the tenacity on the part of
police to firm up evidence to ensure conviction for murder or attempt to murder
in such situations.
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