The brutal rape and murder of Disha is, by all means, a macabre and most heinous crime. There have been tremendous emotional outbursts of anger and anguish among people not only in just Hyderabad but also in the whole country and everyone demanded instant justice. This is due to the deplorable working of our judicial system. Instead of working to address this fundamental aspect of our democracy our MPs were seized by bloodlust and urged people to take the law into their own hands after this gruesome incident in Hyderabad. Jaya Bachan’s statement in Rajyasabha suggesting to go for lynching the perpetrators is a pointer in this regard.
The prayers of those seeking instant justice were swiftly answered.Around 3 am, on Friday Hyderabad police seem to have shot dead, the four accused in cold blood. The police action seems to have been motivated by a desire to play to the gallery. What were they investigating at the spot of the crime at 3 am? Or even for the reconstruction of the scene of offensive why it should be done around, 3 am? The guilt of any accused has to be subject to judicial scrutiny. As a layman, what I know, the culprits behind gruesome rape incident deserve stringent punishment, but it’s the judicial trial that establishes the guilt of the accused not that the police would bump them off in the dark of night. Crime and its punishment have been one such choice that we have had to make through civilisations from” eye for an eye” medievalism to a civil justice system. The first is instantaneous, the second protracted, the first will douse our raging emotions, the second gives the satisfaction that we are not just as bad as the killers.
Here the encounter story is unlikely to withstand scrutiny, however, the demonstrations in Hyderabad showed people were very angry after the gang rape-murder. The people have largely approved the “cold-blooded” encounter, and they even showered flower petals on police and KCR. If the police turn into terrorists and are entrusted with hand-delivering speedy justice no one may be safe. Instead of improving and reforming the courts, we may as well wind up the legal system. This is how the Taliban rendered justice, who have dispensed with the idea of due process.
The major problem with the knee-jerk reaction is that we are absolving the police of its failures to do its job. The CrPC says that the trial in rape cases should be completed in 60days but it doesn’t happen normally, it gets prolonged to few months. A traumatised rape survivor hardly dares to go through such travesty and gives up midway. How many of us have been tracking the Nirbhaya case over the last 7 years, as it had faded from the public memory.? Also, the law has been classist about convicting rapists who are politicians. While the shoot at sight approach is easy to use against truck drivers/cleaners, let us not forget that the rape accused like Kuldeep Senegar and Swamy Chinmayanand are privileged by the politics they practice and had been roaming free before they were put in custody. Many serving MPs are in the dark zone, and very recently there was a report in the press that the majority of MPs, MLAs have got serious criminal charges of rape and murder are from one single national party.
In a constitutional democracy, we investigate, try and punish the accused in a courtroom, also giving them a chance to defend themselves. The ends don’t always justify means and such “encounter killings” are a blot on our justice system.
The prayers of those seeking instant justice were swiftly answered.Around 3 am, on Friday Hyderabad police seem to have shot dead, the four accused in cold blood. The police action seems to have been motivated by a desire to play to the gallery. What were they investigating at the spot of the crime at 3 am? Or even for the reconstruction of the scene of offensive why it should be done around, 3 am? The guilt of any accused has to be subject to judicial scrutiny. As a layman, what I know, the culprits behind gruesome rape incident deserve stringent punishment, but it’s the judicial trial that establishes the guilt of the accused not that the police would bump them off in the dark of night. Crime and its punishment have been one such choice that we have had to make through civilisations from” eye for an eye” medievalism to a civil justice system. The first is instantaneous, the second protracted, the first will douse our raging emotions, the second gives the satisfaction that we are not just as bad as the killers.
Here the encounter story is unlikely to withstand scrutiny, however, the demonstrations in Hyderabad showed people were very angry after the gang rape-murder. The people have largely approved the “cold-blooded” encounter, and they even showered flower petals on police and KCR. If the police turn into terrorists and are entrusted with hand-delivering speedy justice no one may be safe. Instead of improving and reforming the courts, we may as well wind up the legal system. This is how the Taliban rendered justice, who have dispensed with the idea of due process.
The major problem with the knee-jerk reaction is that we are absolving the police of its failures to do its job. The CrPC says that the trial in rape cases should be completed in 60days but it doesn’t happen normally, it gets prolonged to few months. A traumatised rape survivor hardly dares to go through such travesty and gives up midway. How many of us have been tracking the Nirbhaya case over the last 7 years, as it had faded from the public memory.? Also, the law has been classist about convicting rapists who are politicians. While the shoot at sight approach is easy to use against truck drivers/cleaners, let us not forget that the rape accused like Kuldeep Senegar and Swamy Chinmayanand are privileged by the politics they practice and had been roaming free before they were put in custody. Many serving MPs are in the dark zone, and very recently there was a report in the press that the majority of MPs, MLAs have got serious criminal charges of rape and murder are from one single national party.
In a constitutional democracy, we investigate, try and punish the accused in a courtroom, also giving them a chance to defend themselves. The ends don’t always justify means and such “encounter killings” are a blot on our justice system.
