Maximum City’s shame is India’s too
The gang rape of a young photojournalist in Mumbai and the widespread outrage that it has generated across the country has put back into focus memories of the December 16 gang rape of a young paramedical student in Delhi, just as it was fading away from public memory. This past Friday the gang rape may have happened in a different city to a different victim but the heinousness of the crime, committed against the backdrop of a worsening law and order situation, remains undiminished. And the similarities don't just end there. Just as in the December 16 case from Delhi, the Government responded with the promise of a fast-track trial, here too the Mumbai Government has made the same commitment; and for good measure, it has also offered the services of its star public prosecutor. But while that should help soothe the frayed nerves of an angry public for now, the Government will find itself in the dock soon if the perpetrators are not punished quickly and severely. For now, Mumbai Police has already made significant progress in the case — much like Delhi Police which had also nabbed all the suspects within a matter of days — but the big test of justice will take place in the courts. And it is here that the Delhi case as at this stage provides a disappointing precedent.
Despite the nationwide publicity that the case received, and the tremendous public pressure that was put on the authorities to allow for a speedy trial, the fact remains that more than eight months after that brutal crime shook India's conscience, its perpetrators are yet to be punished. Sure, the case is being heard in a fast-track court — in fact, in the aftermath of the December 16 protests, Delhi High Court ordered the establishment of five such courts to try cases of rape and sexual assault. But, marking a case as one that has been fast-tracked does not mean speedy justice. Also, passing laws, no matter how strong and harsh, to protect women, does not translate into increased safety for women. This was amply clear even after the December 16 incident which was followed by several other cases of rape, including some particularly horrific ones that victimised girls as young as five. If the Government wants to send out the message that society will not tolerate crimes against women, it needs to crack down on the perpetrators. Today, the law of the land is one that can be brazenly broken, twisted beyond recognition or evaded entirely. This will only change when people see the full force of the law, and learn to fear and respect it in equal measure.
Of course, law enforcement is just one aspect of a crime which is also a social product; for instance, rape in this case is also reflective of a society that is patriarchal, poor and unequal, as academics waxing eloquent at gender conferences will tell you. But while there is surely a case to be made for social change through education and empowerment, the fact remains that these efforts will only bear fruit if the state pulls its weight to implement a no-tolerance policy towards crimes against women. A good example of this is the manner in which the British clamped down upon the practice of Sati, because no civil society could tolerate women being burned to death, whatever be the pretext.