It was the rarest of rare cases, said the judge, and sentenced all four convicts in the horrific gangrape of Nirbhaya to death. He mentioned the “inhuman nature” of the convicts and “the gravity” of their offence.

“Death sentence is given to all the four convicts,” said additional sessions judge Yogesh Khanna in a Delhi court on Friday. The ecstatic clapping in and around the court expressed the jubilation of the people. Everyone, except the convicts and their families, seemed delighted. Justice had been done.
For a society beaten down by impunity, where even the most horrific crimes generally go unpunished, getting the maximum punishment possible for these bestial murderers was justice. It seemed that the trial of Nirbhaya’s killers was as important to civil society — and the media — as the impending national elections. And almost everyone wanted death for these brutal rapists.
So it was not a surprise that this Delhi court sentenced the four convicts to death. (Of the six accused, one died mysteriously in jail, and one — apparently the most brutal of the lot — was 17 years old then, and so merely sent to a juvenile home for three years.) “There should be exemplary punishment in view of the unparalleled brutality with which the victim was gangraped and murdered,” the court said. This judgment would curb crime against women, the court believed, at a time when crimes against women were going up sharply. It was the “judiciary’s responsibility to instil confidence among the women.”
In response, defence counsel A.P. Singh said he would appeal to the Delhi high court only if this verdict fails to deter crimes against women in Delhi. “If the country wants this case to be a deterrent, I will wait for two months to see the crime scene,” he shouted. “If no rape takes place due to death being given in this case, I
will give in writing that my clients be hanged!”
Sadly, there is a chilling truth in the lawyer’s conviction that this death sentence would not make the streets safer for women. It has been proved around the world that the death penalty is not a deterrent, only the certainty of punishment is. But as long as we have the death penalty, not awarding it to criminals who clearly deserve the “maximum punishment” would be wrong. We need to seriously think of abolishing the death penalty and bringing in life sentences that extend for the rest of the convict’s life. A “life sentence” that is just for 14 or 20 years may seem too light for brutal criminals like Nirbhaya’s rapists.
But for real justice for victims of brutal rape we need more than the death penalty in one high profile case that caught the imagination of civil society and shook the nation. We need a proper justice system — starting from a sensitised police force, sympathetic medical support and a proper judicial system that delivers on time. We also need a suitable support structure for the victim that would be responsive to her needs, support her with counselling, legal advice, money and any other help she and her family may need to embark on this arduous journey towards justice.
Because most victims of rape and other violent crimes are brutalised not just by the rapist but thereafter by every system they appeal to or live with. Which is why most rapes go unreported, and of those reported only a quarter see the rapist convicted. Unable to cope with the financial strain, social stigma and local pressure usually dependant on caste or khap identity, most rape victims turn hostile. And in our curious judicial system, when a rape victim gives in to pressure and attempts to withdraw her case, she may even face jail for perjury.
So merely pushing for the most brutal punishment is not good enough. To fight the culture of impunity we need to revamp the system so that it can deliver justice not occasionally, but every time. And for an effective justice system we need to change the culture that breeds such gender violence.
For sure, the brutal rape of women and girls is shooting up. The day before the Delhi verdict, a toddler was kidnapped from a slum in Ludhiana, as she slept with her parents. The two-year-old was brutally raped and the critically wounded baby was then dumped by the roadside. Also, this week we heard of a six-year-old girl raped by her 40-year-old neighbour in a Rajasthan village, near Kota. The caste panchayat decided that the raped child should be married off to the rapist’s eight-year-old son. While the talks were on, the rapist raped the child again. It was at this point that social workers managed to cajole her parents to go to the police.
Every day a child is brutalised in our country. We don’t get to hear about most cases. Even when we do, we turn away, shuddering. Tiny tots sexually tortured, maimed. Many little girls are killed this way. Many who could have survived die of neglect and lack of proper medical care. Many survive, but are left to fend for themselves, with their families receiving hardly any institutional support. There is practically no system to take care of these terrible rapes and vicious violence. Sexual offences against children have reached epidemic proportions. Child rape figures in India have shot up 336 per cent between 2001 and 2011.
In spite of several attempts to set up a comprehensive scheme for rehabilitation and compensation of rape victims, there is nothing of the sort yet. Compensation figures are bandied about — miserable sums like `20,000 for a raped woman and `30,000 for a raped child — but the government offers no real support. Whatever little support rape victims get are from NGOs, private bodies and corporates. Fighting a legal case costs money, and most rape victims come from poor, disempowered families. Often they are also denied work and earnings if they wish to fight a rape case.
If we really want justice for victims of brutal sexual assaults, we need to go much beyond a death penalty. We need to educate our fellow citizens, help change attitudes, press for rehabilitation and financial and other support. For justice is not only about punishing the criminal. It is also about preventing similar crime. It is about helping the victim to become a survivor.

The writer is editor of The Little Magazine