Yet another Jasmine Revolution came up in New
Delhi and then quietly died down. It is
like there are people who are determined to ensure at least one revolution a
month, in India. This time the uprising was on an issue that no one could dare
to question in public. The anger was against a dastardly crime in which a
budding life was destroyed by a group of people, right in the middle of the
capital city. But then, such incidences are not new to India or to Delhi. Such
incidences are not carried out by aliens visiting from distant planets but by
those who are an integral part of this country. The anger should have been against ourselves
as the victim and the criminals were both our own people, though, as usual, the
same was projected out against the state, police and all others except
ourselves.
The anger and revolution died
down, but the crimes against women did not. The newspapers continue to be
filled with news of crimes against women. However, we don’t see the same
revolutions happenings against these incidences as well. That makes one
suspicious of the origin of such protests. Are they merely a manifestation of
pent up anger? Or, are they the result of some clever and selective manipulations
by interested parties or even media?
Be that as it may, let us come
back to the subject of death penalty for rape. The very concept of death
penalty is not acceptable to many people.
If people and societies are seeking abolition of death penalty even for
murders, the logic behind seeking the same for rape is difficult to fathom.
What causes these demands for
death penalty for rapes? The most common answer one gets is that rape is even
worse than murder! I fail to understand this logic. Who in the right mind would
prefer one’s sister or daughter or wife or mother losing their life? Only those people who have false notions about
the virtue of women being associated with their body would want a dead relative
to a raped relative.
If we analyze this further, it
is this very attitude that causes rapes in our society. The rapists know that
for a woman (and her family) being raped is worse than being killed. So, one who is raped is likely to remain
silent than come out and fight, for fear of social ostracism. The day we treat rape as any other crime
against the body and not against the soul, the victim will be in a position to
fight back with her dignity intact. That will ensure the shame of rape is on
the rapist and not the victim. That will
be the day when unscrupulous men will be scared to harass a woman, let alone rape
her.
Look at the demand from another
angle. Death penalty is awarded even for murder, in the rarest of rare cases.
Do we want rapes to be classified as normal, rare and rarest of rare? Also,
consider the mindset of the criminals. If rape and murder results in same maximum
punishment of death, what would be safer for the criminal- a live victim who
might provide evidence in court about the rape or a dead victim who cannot give
any testimony about the murder? In other words, death penalty for rape will
only lead to rape cum murder.
If we value a woman as a human
being and not as a mere property of the men, then we have to ensure, first and
foremost, safety of her life. The safety of her body, which includes prevention
of rape or any other kind of attacks, comes only second to safety of life.
Finally, look at the efficacy
of death penalty itself. It has been a part of the statutory books as a
punishment for murder, for a long time. However, the presence of death penalty
has not ensured prevention of murder for crimes are not committed by rational
minds that analyses the law and punishments before doing the same. What it might do is to make the standard of
proof in the trials even stricter since the death penalty cannot be awarded
that casually.
Crimes are carried out by
irrational minds. This irrationality may be a result of various factors. These factors are what the society needs to
remove so that crimes are prevented. Any penalty for a crime does not undo a
crime, it only provides a sense of revenge and, thereby, false justice. Crimes can be prevented through inculcation of
right values into the minds of people. It is the values that prevent a crime.
None of us refrain from doing any acts because they are defined as crimes or
they carry such and such punishment, but because those acts go against our
value system.
Crimes have to be prevented to
ensure there are no victims. That is indeed a tough task for any society. But
shortcuts like death penalty are no solution either. Rather, it would only
cause even more prejudice to the victims.
PS: This post is not to suggest what is right or what is
wrong. It only reflects my thoughts on the issue. If any of the points raised
here hurts anyone’s feelings, my apologies. If you have any views beyond hurt on
any of the issues raised, you are most welcome to share them here, so that the
readers get a wider perspective on the issue.
