Even as the memories of the Hyderabad encounter of the four accused in the Disha case by the police fade from the public memory a question still arises. Was the action right? More so, in view of the fact that similar crime against women continue to happen at a nagging rate. Why such incidents take place in a country where woman symbolises “Shakti”, the power to slay evil forces. From Delhi to Unnao to Hyderabad and more, unwittingly remind us of the Mississippi courtroom drama of US that transformed a young attorney John Grisham into a world class writer of legal crime fiction. Grisham was witness to the harrowing testimony of a twelve year old rape victim that traumatised him so much that he thought if the only punishment which the rapist deserved was to be killed. And he wrote “A Time to Kill”. The action of Hyderabad police has raised certain issues that led to nationwide debate ranging from justification to castigation. But the all important issue is whether the police was right. That is, if the encounter was stage managed. What if it was not? And there is no clinching evidence to prove this. In fact, the issue of questioning police action would arise only if the encounter was fake. The question of justice is rather too complex to be settled in black and white. Many times, law and justice are in conflict. It is common saying that justice should not only be delivered, it should also appear to be delivered. When people don’t see justice being delivered there is clamor for instant justice and mass approval of the same. For some, this may be a road to anarchy but they need to be reminded that anarchy follows failure of the system of justice. The avowed motto of our criminal justice system is that even if thousand criminals escape, not a single innocent be punished. But what we find is that criminals are largely escaping taking the advantage of the cumbersome legal paraphernalia while the innocent are increasingly victimised. Hindu law giver Manu’s idea of justice needs to be revisited. In Manusmriti, it is clearly stated that in a crime committed willingly and in full knowledge of implications of wrong doing, the punishment should be much more severe than that corresponding to the crime. Rape is one such crime that is always committed willingly and in full knowledge of the implications of wrong doing. Incidentally, the Hindu law book also says that the punishment should be directly proportional to the social status of those committing it. Fair enough indications as to what fate the Unnao accused must meet, given the social hierarchy they belong to. As the demonic tendencies are on the rise, we must realise that the Hindu scriptures clearly showed that even Gods resorted to killing of the demons by unfair means for the cause of justice. Access to knowledge and information has given many people the ability to dodge the laws and the temerity to think they can get away with everything. In the case of the criminals of the infamous Nirbhaya case, the juvenile law came to the rescue of a hardened criminal. For certain types of crime and categories of criminals, then, the famous last words of Jesus Christ need to read thus: “Hang them O Lord for they know fully well what they do.” And hang them high. That is the message that needs to be given.

Pathak is a professor of management, writer, and an acclaimed public speaker. He can be reached at ppathak.ism@gmail.com