Nirbhaya has been on my mind since yesterday when the four accused in the December 16, 2012 gang rape in Delhi were declared guilty.
That in a system such as ours, where we have become used to law breakers getting away scot free, these four men have been pronounced guilty of murder, rape, and several other crimes is I believe, solely due to Nirbhaya's bravery, immense physical and mental strength. She had the courage to relive again and again in her mind the horrendous things that were done to her. She had the strongest will ...only this kept her alive to make sure she could give a lucid, detailed account of what happened on that bus in the late evening of December 16. Her physical strength and fighting spirit is proved by the very fact that she survived a whole fortnight with the most extreme injuries to her vital organs.
Today, September 13, 2013 brings satisfaction that by due process of law over 9 long months, the rapists have been handed a sentence they truly deserve. Today is the day the accused have been sentenced to death by hanging. The case was 'fast tracked' but not hurried in any way..... it is heartening to know that the judiciary did its job in being responsive to the needs of society but followed due procedure and found society's need to be justified.
Many thoughts are going through my mind, as I am sure are going through the minds of millions of others all over India, as I mull over the death sentence for the four adult rapists and the three year sentence awarded to the juvenile. Uppermost is this.....the rapists in this case have been awarded death because it was a "rarest of rare crime". So, is this going to deter other rapists who do not 'torture' their victim? Is the act of rape itself not 'torture' for the victim? Second, how can such rapists be deterred? Are we only going to sit up and take notice and action against gang rapists who 'torture' their victims? Third, what sentence will be awarded to rapists who just rape and torture but not kill or cause injury that causes the death of the victim? Will it be a life sentence? Will it be a life sentence of 14 years, which would be ridiculous for a young person? (And in this context how incredibly irresponsible of our juvenile judicial system is it to award 3 years to the juvenile rapist who was not only just a few months short of 18 years of age but who is also deemed to have served several months of this sentence while being held in custody? What is going to stop him raping women again if not gang raping, torturing, killing?) To return to the length of a life sentence, if it cannot be changed to imprisonment till death, then can sentences for the various crimes for which the accused are convicted not all be added up and applied, as is done in some countries like the US? And if this cannot happen in our system then can the juvenile not serve his sentence and leave jail with an ankle bracelet for instance that will help the enforcement agencies to monitor his movements and whereabouts?
To end my ramblings..... a few simplistic, probably naive, even slightly stupid thoughts but I'm going to put them down anyway...... when Amnesty International protests against the sentence, (and as expected it is already making the usual negative noises against the death penalty and other human rights organisation will echo these noises), do they not consider the rights to life and safety of the victim? If we allow a child prodigy, who is for instance all of 13, 14 or 15 years of age, to enter university because intellectually he has the capability of an 18 year old, then can he/she not be considered an adult who can and should take responsibility for his adult crimes?
That in a system such as ours, where we have become used to law breakers getting away scot free, these four men have been pronounced guilty of murder, rape, and several other crimes is I believe, solely due to Nirbhaya's bravery, immense physical and mental strength. She had the courage to relive again and again in her mind the horrendous things that were done to her. She had the strongest will ...only this kept her alive to make sure she could give a lucid, detailed account of what happened on that bus in the late evening of December 16. Her physical strength and fighting spirit is proved by the very fact that she survived a whole fortnight with the most extreme injuries to her vital organs.
Today, September 13, 2013 brings satisfaction that by due process of law over 9 long months, the rapists have been handed a sentence they truly deserve. Today is the day the accused have been sentenced to death by hanging. The case was 'fast tracked' but not hurried in any way..... it is heartening to know that the judiciary did its job in being responsive to the needs of society but followed due procedure and found society's need to be justified.
Many thoughts are going through my mind, as I am sure are going through the minds of millions of others all over India, as I mull over the death sentence for the four adult rapists and the three year sentence awarded to the juvenile. Uppermost is this.....the rapists in this case have been awarded death because it was a "rarest of rare crime". So, is this going to deter other rapists who do not 'torture' their victim? Is the act of rape itself not 'torture' for the victim? Second, how can such rapists be deterred? Are we only going to sit up and take notice and action against gang rapists who 'torture' their victims? Third, what sentence will be awarded to rapists who just rape and torture but not kill or cause injury that causes the death of the victim? Will it be a life sentence? Will it be a life sentence of 14 years, which would be ridiculous for a young person? (And in this context how incredibly irresponsible of our juvenile judicial system is it to award 3 years to the juvenile rapist who was not only just a few months short of 18 years of age but who is also deemed to have served several months of this sentence while being held in custody? What is going to stop him raping women again if not gang raping, torturing, killing?) To return to the length of a life sentence, if it cannot be changed to imprisonment till death, then can sentences for the various crimes for which the accused are convicted not all be added up and applied, as is done in some countries like the US? And if this cannot happen in our system then can the juvenile not serve his sentence and leave jail with an ankle bracelet for instance that will help the enforcement agencies to monitor his movements and whereabouts?
To end my ramblings..... a few simplistic, probably naive, even slightly stupid thoughts but I'm going to put them down anyway...... when Amnesty International protests against the sentence, (and as expected it is already making the usual negative noises against the death penalty and other human rights organisation will echo these noises), do they not consider the rights to life and safety of the victim? If we allow a child prodigy, who is for instance all of 13, 14 or 15 years of age, to enter university because intellectually he has the capability of an 18 year old, then can he/she not be considered an adult who can and should take responsibility for his adult crimes?
