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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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