Joginder Singh
Better policing and stringent punishment for rape and sexual harrasment is crucial to making women feel safe. However, society also has to change its mentality for the situation to improve
India is an ancient civilisation. Yet, 92 women were
raped on an average every day in the national capi
tal, with 1,636 cases recorded, the highest number of such crimes among all cities, in 2013. According to figures released by the National Crime Records Bureau, the total number of rape cases reported in India went up to 33,707 in 2013 from 24,923 in 2012. In 15,556 cases, the rape victims were aged between 18 and 30 years. Compared to the previous year, the number of rape cases doubled in Delhi in 2013. A total of 1,636 rape cases were reported in the city last year, while 706 such cases were reported in the year 2012. On an average, four rape cases were reported in Delhi everyday in 2013. The number of rape cases in Delhi was followed by 391 cases in Mumbai, 192 cases in Jaipur and 171 cases in Pune in 2013. As per the NCRB data, Madhya Pradesh, on an average, records, 11 rapes every day, with a total of 4,335 such cases, which is the highest in 2013 amongst all States. The data also showed that 13,304 cases were reported in 2013 where the victim was a minor, which was 9,082 in the previous year. On an average, someone is raped, every 2.5 minutes.
The data also unveiled a disturbing fact that in the majority of the cases, the offenders were known to the victims. NCRB statistics shows that in 94 per cent of the cases, the offenders were familiar to the accused. The offenders included parents in 539 cases, neighbours in 10,782 cases, relatives in 2,315 cases and other known persons in 18,171 such cases reported over the year. The Supreme Court, on December 18, 2014, ordered a fresh inquiry into allegations of sexual harassment brought against a sitting judge of the Madhya Pradesh High Court by a woman judge of the State. It quashed an ongoing two-judge inquiry that was ordered by the High Court Chief Justice, saying it fell foul of the 'procedure' laid down and adopted by the Supreme Court in 1999 in accordance with the Vishaka guidelines on combating sexual harassment at the workplace.
The lady judge, who had resigned after alleging that she had been sexually harassed by a High Court judge, said she would "fully cooperate" with the in-house inquiry panel ordered to be constituted by the Supreme Court. "My battle is half won. I had approached the Supreme Court only because the Chief Justice of Madhya Pradesh High Court had set up a committee in which I had no faith and which was not in conformity with the procedure established by the Supreme Court" she said.
The Supreme Court noted that the High Court Chief Justice had gone beyond his authority, in initiating the probe, because his role, under the mechanism was confined to determining whether a deeper probe was required - and to subsequently sending a report to the Chief Justice of India. The court requested the Chief Justice of India to initiate the investigative process and set up a three-judge panel to look into the complaint of the former woman judge, but without assigning any role to the Chief Justice of the High Court. The bench noted that the High Court Chief Justice had already adopted a "firm" position in the matter and "personally perceived certain facts differently". Hence, the task of ascertaining, whether the accusations warranted, a deeper probe should not be carried out by him - but by a Chief Justice of another HC, or by the Chief Justice of India himself. Under the in-house procedure, the three-judge panel should have Chief Justices of different HCs and a HC judge.
The court also stripped the accused HC judge of his administrative and supervisory authority after accepting the petitioner's argument that he was in a position to influence the inquiry wherein court employees under his control were the prime witnesses. "In order to ensure that the investigative process is fair and just, it is imperative to divest the concerned judge of his administrative and supervisory authority and control over witnesses, to be produced either on behalf of the complainant, or on behalf of the concerned judge himself. The Chief Justice of the High Court is accordingly directed," the bench said.
All such earlier cases had either been disposed of on the administrative side or the accused judges had resigned, or impeachment, proceedings had been initiated without making the outcome of the in-house inquiry a basis. The bench ordered that "in view of the importance of the in-house procedure", the Supreme Court Registry should publicise it on the official website. "The object sought to be addressed through the in-house procedure is to address concerns of institutional integrity. That would, in turn, sustain the confidence of the litigating public in the efficacy of the judicial process," it said. The panel, after carrying out a confidential inquiry, submits its report to the CJI. If the CJI finds the misconduct to be serious, the accused judge may be asked to resign. If he refuses, the CJI may recommend that impeachment proceedings be initiated against the judge.
Unfortunately, in India, it seems like there are plenty of individuals, who have committed this crime against more than 50 per cent population. The gems have wisdom and have nothing to do to rectify the situation. It is either justifying it or say it is not preventable. Such ill-timed comments come at a time, when the the rape survivor has to face the scorn of the neighbours, pursue court trial, face psychological and physical trauma and is being targeted by the family of the accused.
A Chhattisgarh politician in power had said that those who commit rapes actually don't intend to do so and that these crimes happen for a reason 'not known'. Another former Chief Minister and heading a Uttar Pradesh regional party had said that, "Boys will be boys" and that they "make mistakes". He should go down in history as the example of a leader who has little or no concern about the life-altering consequences of rape. Addressing a rally in Moradabad, he added that that, "Rape accused should not be hanged. Men make mistakes." Others have blamed television and Western clothes for the rape crimes.
Few have pleaded for the death sentence for such ghastly crimes. Even the Government is not clear if the laws need to be changed. Deterrent punishment, like a minimum life sentence with no remission or death penalty, should be the minimum punishment for rape. For sexual harassment and molestation, no fine less than five lakh rupees, which should be paid to the victim, even if the accused has to work as a labourer for the rest of his life. This will put fear of god and Government in the minds of the criminals. |
