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People preferred vigilantism - 'encounter' - to a justice that is excruciatingly slow and then sometimes never reached. But that is not a real solution.
Trigger Warning: This speaks of rape, gangrape, violence against women, murder, mob and police vigilantism, and may be triggering for survivors.
December 1, 2019 Necklace Road, Hyderabad
Two days after the horrific rape and murder of a young doctor in the outskirts of the city, the people of Hyderabad gathered to demand justice for the victim who would come to be called “Disha”. In the dark evening, lit only by the flickering light of wax candles, I couldn’t make out what the posters that the people were carrying. But soon the slogans began- “We want Justice. We want Encounter.”
My friend and I took an involuntary step backwards, as it to distance ourselves from the rest of the crowd. We wanted Justice. We wanted Justice for the young lady. We wanted Justice for all the other young ladies who had been in a similar situation. We wanted Justice so no more young women would be in a similar situation.
But ‘Encounter’ is vigilantism. It is not Justice; it is the miscarriage of Justice. I really could not be a part of that.
For the next few days, people spoke of nothing else. They demanded immediate castration, they demanded death by hanging, they demanded that the accused be handed over to them so justice could be served. Then, exactly one week after the crime, the accused were killed in an Encounter. People were happy. ‘Justice’ had been done. The same justice that had been denied to Nirbhaya. And then, people forgot about it. Till the next horrific crime.
At one level, I cannot blame people for preferring vigilantism over justice. The Judicial process in India is very slow. Even in high profile cases, where guilt is clearly established, the legal process drags on for years. There are multiple levels where the guilty can appeal, and even after the highest court passes it’s verdict, punishment can still take months.
More importantly, most cases do not even make it to the court. Knowing how excruciatingly slow the judicial process is, most victims prefer not to file a complaint. Even if they make it to the police station, they are advised to hush it up. Despite video testimony now been admissible in court, the victim is subject to so much pressure she often breaks down and withdraws the complaint. It is only in a very small number of cases, that the victim keeps stays the course.
There is, therefore, no real deterrent for men who decide to sexually assault a woman. They know that in the most plausible scenario, they will get away completely. They know that in the worst case, they will be allowed to go free after a few months of imprisonment. When there is little danger of getting caught or being punished, they commit crimes with impunity.
The solution is to strengthen the system. Set up police stations staffed with women officers which make the victim feel at ease. Set up deadlines for collecting evidence, making arrests, and presenting the case before court. There should be fast track courts to deal with these crimes, with clear timelines and guidelines. Once the judgment is passed the appropriate punishment prescribed by law should be administered.
Once potential criminals know that there is a very high possibility of them getting caught and punished, that itself would start serving as a deterrent to crime.
Unfortunately, though most of these measures have been prescribed after the Nirbhaya case, they have not yet been put in place. Six Indian states do not even have a Women’s Commission, and many of the ones that exist are not fully functional. Not only is justice often not done, even when it is, the process drags on for too many years. Justice delayed is justice denied. Which is why people have lost faith in the judicial system.
In the three years since Disha, there have been many such high profile cases of horrific crimes against women. In each case, society demanded the same thing that they did then.
Castration. Hanging. Lynching.
Very few were willing to listen when I spoke of systemic reforms of the police and judicial system. A few did agree that education and awareness was important, but they believed that the way to create it was though adequate ‘punishment’.
The demand for Justice continues to be ad-hoc. Most crimes do not even get reported, only the most horrific ones do.
How long before Justice becomes the norm?
How long before we start demanding justice, instead of vigilantism.
Natasha works in the development sector, where most of her experience has been in Education and Livelihoods. She is passionate about working towards gender equity, sustainability and positive climate action. And avid reader and occasional read more...
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