There is little to suggest that the fear of being caught, tried, convicted and punished in quick time troubles criminals or those who might be tempted in that direction
The conviction on all counts by a Delhi court on Tuesday of the four adult rapists of the 23-year-old paramedical student in the nation’s capital on December 16 last year, who succumbed to her injuries a fortnight later, will bring some satisfaction to the country, but it is unlikely it will make our women and young girls feel safer than before.
The gangrape of the young woman, dubbed “Nirbhaya” by some, angered all of India, and acquired the status of a landmark episode. In order to be seen doing something worthwhile to meet the widespread challenge of sexual crimes against women in the face of public anger, the government moved to toughen legislation and produced a reasonable law in record time. But there is little to suggest this has led to a reduction in sexual offences.
These crimes continue to be reported in frightening numbers on a daily basis across India, including Delhi, where “Nirbhaya” was attacked while travelling in a private bus along with a male friend. It is not clear if the incidence of rapes and other crimes against women has increased, or whether the reporting is more open now.
There is also nothing to go by in seeking to understand if more suspects are being apprehended by the police and brought to trial. The certainty of being booked has not come to haunt criminals of any category, including crimes against women. In short, there is little to suggest that the fear of being caught, tried, convicted and punished in quick time troubles criminals or those who might be tempted in that direction. Thus, useful changes in the law, and the exemplary manner in which the state has prosecuted the December 16 gangrape case, are yet to produce a salutary effect. This is the agonising aspect we live through today.
After the conviction last month of the juvenile in the gangrape-cum murder case, there was little doubt that the four adult accused (the fifth one hanged himself in his jail cell earlier this year) would be held guilty. The suspense is whether they will face a life sentence or death by hanging, and it is expected to be over on Wednesday.
The debate on ending the death penalty was revived after the December 16 horror. But the stronger view appears to favour hanging in this case as it involved rape and murder. Leader of the Opposition Sushma Swaraj leads this argument. Whichever way it goes, it will be well-deserved. The young woman’s clearcut witness statement from her hospital bed greatly helped wrap up this case. But the law should be seen to work in favour of victims even if their statements in their battered condition are not equally coherent.
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