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Opinion | The Ailing Justice System

 

In our Indian society, women are often compared to Goddesses, reflecting the deep respect we hold for them. They are seen as the backbone of families and play a crucial role in upholding societal values. Their strength and dedication are essential to both family life and the broader community, emphasising their importance in our cultural framework. But today, society has turned into an evil curse for the women population is not only harming their basic rights of equality, but also extorting their morals and killing their applicable approaches from society. For the past few years, India has been in the hotspot of some heinous crimes against women.

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According to the annual report of India’s National Crime Records Bureau (NCRB), there were over 445,256 cases of crimes against women in 2022, translating to approximately 51 FIRs every hour. Many more such cases go unreported due to societal customs and traditions, as families often choose to protect their social status rather than seek justice.

Why do people still fail to understand that the victim is not to blame? Questions like “Why were you late?” or “What kind of dress were you wearing?” continue to circulate. The critical question remains: who is the real demon here? Why do they commit such heinous acts without fear of punishment? Are they unaware of the consequences of their actions, including capital punishment? What kind of courage drives them to commit such crimes?

These acts have long-term psychological impacts, traumatizing individuals and making it difficult to trust men. In recent times, we hear more and more about daily rape cases, with crimes categorized into various types: date rape, gang rape, marital rape, rape of children, shamanic rape, statutory rape, prison rape, serial rape, payback rape, war rape, rape by deception, corrective rape, and custodial rape, among others.

The prevalence of social media has brought greater attention to these issues, allowing voices to be heard and creating a digital trail for perpetrators. In contrast, the Indian judicial system has several laws, such as Section 376, Section 376A, and Section 376(2) of the IPC. However, it is controversial that capital punishment is not mandated for such crimes, and punishments often vary based on the age of the offender. If a perpetrator is underage, they may only face juvenile custody until they turn 18, after which they can reintegrate into society. This loophole is a serious issue that requires urgent attention, as crimes like these should not receive any leniency. Capital punishment should be enforced for all offenders.

Cases like the Nirbhaya gang rape, Hathras gang rape, Hyderabad gang rape and murder, and the Mathura rape case have raised nationwide alarms. Unfortunately, justice for victims often takes more than a decade, and sometimes it is not valued at all.

Discussions with experts and even some criminals reveal that the motivation behind these inhumane acts often stems from a desire for male dominance. Many believe that women should remain at home, refrain from arguing, and obey male demands. This ideology promotes  a patriarchal society and reflects a distorted mindset where they see themselves as superior, punishing innocent women for perceived grievances. Such actions provide them with a twisted sense of pleasure.

Despite the need for significant change, the introduction of India’s new criminal law, the Bharatiya Nyaya Sanhita, on July 1, 2024, has not adequately addressed the serious concerns surrounding rape. The law stipulates a minimum of 10 years of rigorous imprisonment, which may extend to life imprisonment, but it still does not mandate capital punishment for these offenses. The judicial process often drags on, and justice may be delayed indefinitely.

Amid ongoing protests across the nation for the rape-murder of a doctor in Kolkata, the West Bengal Assembly recently passed the Aparajita Women and Child Bill, which demands the death penalty for rapists, especially in cases resulting in the victim’s death. It also calls for changes to the Bharatiya Nyaya Sanhita regarding this issue. Blaming one another for various reasons, laws, and unfulfilled promises will not provide solutions. All political parties must unite and treat this as a national emergency, assisting the executive in taking decisive action and the judiciary in delivering justice. It is crucial to set a precedent that serves as an enduring example for the nation.

After a month of protests, strikes, and continuous efforts by the doctors’ association—especially junior doctors—the CBI has arrested Dr. Sandip Ghosh, the principal of RG Kar College and Hospital, over the alleged rape and murder of a female doctor in the hospital’s seminar hall. Agitators gathered outside the CGO complex, holding placards and shouting slogans demanding justice for women doctors while criticizing the Kolkata police for their handling of the investigation before the CBI took over the case. Additionally, police officer Abhijit Mondal was arrested for allegedly destroying evidence and delaying the lodging of the FIR, according to the CBI.

Despite these recent developments, questions remain: why are these actions being taken only after a month? Is it due to political pressure from the state government or a newfound moral responsibility? It seems that the ongoing pressure from both the state and central governments, along with the relentless protests against such heinous crimes, has compelled action. The media, often referred to as the fourth pillar of democracy, has played a crucial role in holding government organizations accountable, questioning why the culprits remained at large and how long the victim’s family would continue to suffer.

This poor administration in a state that is otherwise well-regarded raises concerns about the overall growth and development of the nation. Although West Bengal is often honored with the title of the safest state for women in India, the current conditions suggest otherwise, especially when compared to some economically unstable regions. While hope for justice remains uncertain, it is crucial that the system responds effectively. Justice must not take another seven long years to achieve, for as the saying goes, “justice delayed is justice Denied.”

 

 

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