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End of a Tragedy: The Justice Finally Delivered The death sentence passed for the convicts is widely welcomed however with lots of fresh debates upon the relationship between capital punishment and the crime rate that shows an increasing trend. I believe every rape case must be considered the rarest of the rare and merely executing the rapists will not restore women’s dignity but the actual crime control and creating a crime free society is the need of the hour, that we as a nation should strive for. The Nirbhaya (not actual name of the victim) rape-murder tragedy (December, 16, 2012) that evoked a plethora of rage against and debates on the continuing crime scale and rape horror is in its culminating stage. All the culprits have proven guilty in the court of law and are likely to be sentenced soon. This episode gave flip to so many schools of thought and most of them against men. We as a nation are yet to accept rape as a social catastrophe and a crime against all humanity not just women. A daring call to change the contemporary system became a public slogan (though rapes continue like before). People and media after the heart wrenching tragedy treated the poor victim the hero, brave heart and daughter of the nation who practically awakened and mobilized a virtually dead, deeply self-seeking and narcissistic Indian masses. The stringent Anti-Rape laws will definitely improve but will the security measures for women improve and shall the crime against women be controlled and show expected decline is a curious question. Also it is being observed that mass anger, protest and activism have been historically selective and more specific so far. Is such a rape horror the outcome of the moral degeneration? Do we need a rethink on our current educational content? Is moral policing valid and do we need to pay heed to moral brigade perspective? Is rape a crime only against women? etc, are certain questions that need to be answered if at all we are serious to curb this menace. The question is why degeneration of morality (a forgotten word) and why lost social fiber (just an idea sirji) and the reality of acute individualism is witnessed by the Indian civilization today? Also has the India’s much talked/exaggerated past or traditional ethos really been women friendly when we have examples of exploiting Dev Dasi system, Sati system, child marriages, women illiteracy and poverty, strongly patriarchal past, etc? I am unsure. Apart from this Nirbhaya tragedy was discussed, paraphrased and debated in a myriad of ways. Some called her the brave heart, the Nation’s hero, a great mass mobilizer and cause of a revolution to come but do just respected labels and short term praises for such innocent victims mean everything when still rapes continue and crime trends go high (we need to do something seriously). Some others perceived the agitation aftermath the incident as the Indian spring and even compared the rape victim with the Tunisian fruit vendor (Mohammed Bouazizi) whose self immolation sparked the infamous Jasmine revolution and shaped Arab Spring that still continues in Syria. Some painted the whole episode as gendered. Some played divisive politics of Bharat vs India and some threw the venom of regionalist hatred like labelling Bihari migrants as rapists to gain media attention and many others jotted poems, delivered commentaries, participated in stand ups, discussions, lit candles, mourned the innocent creatures’ plight, etc,. But the fact remains that we are yet to engage with the psycho-social background and academic discourses of rape and other crimes against women in a realistic perspective to know actually what causes such situations and how such heinous crimes can be tackled and avoided. This goes without saying that only stringent anti-rape laws and installing men in uniform in every nook and cranny of India to stop such a disturbing menace is hardly the solution. But there is a greater need of approaching such a social pathology from its very roots like the pathetic socioeconomic conditions and wretched life of a considerable section of Indian populace, sense of rejection and alienation among the poor, declining urban living standard, slum and ghetto culture, culture of poverty, increasing moral corruption, culture of abuse, ethical corrosion, defective socialization and broken homes, lack of education, exposure and gender sensitization need to be discussed besides having a deep insight about and repercussions of sexual pathologies like sexual addiction, incest, frotteurism, Sadism, paraphilia, voyeurism, stalking, exhibitionism, fetishism, pedophilia, etc, in a wider perspective if at all India needs to get rid of the rape shame and cease to be a rape culture. Are We A Rape Culture? Yes, indeed we are a rape culture society, even a small dhaba (local food stall) working boy’s mother is raped (culture of verbal abuse) hundred times a day by one and all, for every one verbally abuses him be it his owner, co-workers or the customers. A rickshaw puller’s sister/daughter is raped thousand times a day using foul language against him by bikers, drivers and passengers and others even for none of the faults of the poor. We are of course a culture of abuse and rape, sexual slurs, bad language against women even physical attacks on women do not seem to be shameful at all. Even the small children get acquainted and socialized with the culture of abuse and foul language in their tender age. So the culture of rape is deeply rooted in our society and has been highly routinised in this part of the world. Understanding Nirbhaya Rape Horror The young Para-medical student’s rape and murder indeed shocked the nation and highlighted the tragedy primarily for certain reasons: • The kind of the horrific incident it was. • The incredible reporting and coverage of the episode by the media. • The place of the incident being the national capital. • Smart, active and praiseworthy role of Delhi police in nabbing the culprits within days. • Delhi being a hub of social and political activists, NGO’s, student unions, etc, • The dramatic and deceptive style, story of the victim’s suffering in the violent and inhuman incident. The Amanat’s case despite being heart wrenching has evolved a an extensive debate on the status of vulnerable female India, legal aspects and apparatus, security machinery, sociological discourses of equality and public space for women, etc,. Undoubtedly she has opened a new chapter in the domain of discussing the practical aspect of egalitarianism, humanity, male-female world, emerging vulnerabilities, concerns, apprehensions, security flaws, policing, parenting, mobility, etc,. Nirbhaya tragedy also explained the horror of rape experienced and perceived by a human being. She enabled us understand that rape must not be treated merely as a crime against women but a crime against humanity for it shook the conscience of all humanity irrespective of gender. The brutal rape and murder of the innocent girl is an eye opener to those who paint such crimes purely gendered or paraphrase in feministic prism hence misinterpret the whole concept of the gender and violence in public space. It has broomed the dust from certain contested themes on gender violence like modern dress pattern, skirt craze, make up etc,. It is not the dress pattern but spatial vulnerability, criminality, psychology, violent nature, time and opportunity. Had it been only attracting dress, there would not have incidents of rapes of even minors and elderly where a 65 year old woman was raped too. Even the incest rapes of daughters by fathers, brothers and other family members are the contemporary reality. Nirbhaya also made us understood that People’s coming to streets for protests is a means for realizing women’s security if not the solution in itself. But yes slut walk (Besharam Morcha) suits west only not the India’s age old rich traditional ethos. To understand the Amanat rape horror narrative it is not necessary to recount the specific case and whole episode of Amanat rape and murder but the momentum and attention this episode gained even outside India must be utilized to provide practical security to women of the sub-continent. The abused departed soul forced us to think upon: • The need for a rethink of the holistic system • The call for a change and need for immediate reforms in legal and regulatory apparatus. • The urban space as vulnerable and dangerous for feminine world • The correlation between sexual offences and the prevailing trend of Women’s objectification and commoditification presented by the cinema. • Our transitional and violent nature out of the lack of exposure • Our faulty shared value patterns and broken social, cultural and moral fiber • The loss of the sense of being and the loss of the sense of loss • Culture and Socialization of abuse and common routinized language of abuse. Discourses from Within Unfortunately much has been discussed on the debates on laws and hanging of the criminals, registration of FIR’s, fast action of police after the incident however very less is being practically thought about whether how to control rape on the spot, how to avoid, how to protect women from such a brutal assaults and victimization, everlasting trauma. Just help lines won’t suffice as offenders may snatch the victim’s mobile phone instantly but what comprehensive and sound mechanism to develop so that rape like vulnerability’s and horror is not created at all round the country. Instead of delving upon the post rape phenomenon we have to control, rape from happening of at all if we really believe in the dignity of our women. It must not happen at all because we have to move from the idea of security to dignity. Though much has been discussed in debates and newspaper columns on the remedial/preventive measures that could stop alarming rape cases/rates in the country but till date just emphasis on capital punishment and stringent laws has been laid but nothing much satisfying, objective and realistic has come to surface. Whereas, the positive role of mass media is hailed by one and all to foster gender de-sensitization as seen in Nirbhaya case .On the other hand, the role of cinema and women’s objectification and commodification has been highly criticized for representing women as semi-naked dancing dolls who are being displayed as sex object surrounded by groups of vulgar men especially in the new craze, I.e. item numbers. Some writers even demand the legalization of pornography without thinking of the fallouts even? Will pornography protect crime or further aggravate the situation of immorality and sexual aggression, that is however debatable but a futile discourse in totality. Also many news channels kept repeatedly discussing about capital punishment to culprits, some talked of chemical castration and some argued that the rapists be bobbitised. Although the criminals deserve the worse of the worst punishment but one must keep in mind that even if the anti-rape law is amended now, it will not apply on these human faced beasts because they committed the horror before the amendment and amendments are hardly retrospective. Also there were discussions on the alcohol culture and drunken state of rapists who crossed limits of brutality while being drunk. Should alcohol be banned once and for all? Yes, most of the ferocious and incest rape incidents occur in drunken cases. The other question was that should we increase police force in the big cities, will that be of any use? No, we cannot afford to make every state a police state in India. Moreover, quantity or number is not important but adequate training, administration, regulation, control and proper empowerment of the police is important. Also it is advisable that women police in collaboration with men police be assigned to handle the rape cases and FIR registration must be speedy in all cases. Lastly, there is hardly a need for rethink on dress pattern in the public sphere as far as the rape is concerned. Yes, decent dress pattern can be a step towards valuing our age old rich ethos and morality. The Projected Causes and Reality Sociological inquiry proceeds less through introspection and speculation than through the observation, description, interpretation and analysis of facts says Andre Beteille, a renowned Indian sociologist. It is not correct to conclude that Rape represents the powerless women in the society or the patriarchal system or a means of control over women, for not every man is a rapist. Rape is also not because of the Women’s dependence on men but it is the social and cultural conditions that intensify or perpetuate rape. The causes and reasons for rape are deeply entrenched in our social structure. Rape is a community problem therefore needs community policing along with the all out effort to restore the women’s dignity. Today moral policing may seem interference into ones privacy by others or the arguments put forth by moral brigade regarding dress pattern may seem absurd and a setback to free living in today’s modern society but we strongly need strengthening and teaching of moral values to the younger generations so that to construct a morally sound society. Policing the rape must not be identifying the culprit and nabbing him down to hang, experiences suggest that even after stringent and harsh punishment heinous crimes are still continued. The question is to identify the rape mindset, explore the rape situations and rape atmosphere, which develop the tendency to rape and what prompts them to rape. Studying the cases of rape in a given period a finding some common connection factor about all the cases to be identified for a resolve. As for figures, Delhi has turned the crime capital. As per NCRB-2009, 68% of Delhi’s rapists were illiterate or school dropouts 24% studied up to class 10th and 21.9% were graduates. What can be the viable solution? • Addressing poverty, social exclusion, illiteracy, delinquency and homelessness round the country. • Redefining Juvenile in India seeing the said case and tackling juvenile crime adequately and reducing Juvenile20 age from 18 to 14 . • Making policing very active and vibrant by empowerment of police in itself rather than hollow criticism • Role of secret information and intelligence agencies becomes a must. Every colony, society especially slum areas must be properly studied. • Every migrant worker working in cities must be registered properly. • Need for stringent rape legislation is imperative and there must be speedy resolution of cases pending in courts. • Active women police should handle rape cases in collaboration with the male police so that the formalities are expedited and sense of shame among victims is reduced. • Children in all schools of the country need education regarding the ill effects and repercussions of eve teasing, stalking, rape, etc, during early classes. Also moral education must be a compulsory part of the school curriculum. • Child labour has to be checked strictly and culture of poverty has to be eradicated. • Sense of feel secure psyche in all the big cities has to be restored and here the role of police, community and civil society and youth becomes central. • Plight of public transport has to be addressed and it has to be made safer, comfortable and secure at any point of time especially in big cities. • Activism among students has to be boosted so that to revive our rich traditional ethos based on moral values, sacred culture, religiosity and respect for women. • Free legal aid to rape victims and speedy registration of complaints in case of sexual offences against women. • Provision of a dignified life for the rape victims to protect suicides in these cases. • Treatment of rape as the most heinous crime and stringent punishment for offenders • As suggested by many groups, details of rapists along with their whole bio-data has to be made public and put online so as to create a fear of public shame in such cases. Also if a government employees is found guilty in a rape case, he must be immediately fired, same must apply to private sector also.(as suggested by certain panel discussions on TV) • Women have to avoid submissive nature and fight back, report fast and be extra cautious about their dignity. • Fear of rape as a crime has to be created by public execution of rape criminals as proposed by Islamic scholars. • Dalai Lama’s advice on regeneration and revival of moral values in India’s thousands of years old cultural history. • Denying Jobs to rapists in all sectors and treating rape and crime against women as the most heinous one. Last Word Even after so much of protests and public fury over rapes in India, rapes incidents keep on happening. Where are we lacking, we need to analyze. Rape is a social problem for it affects all humanity especially all women in different ways besides traumatizing the poor victims. It has been found that one of every four crimes against children is rape. Therefore, now is the time to raise voice against it not only for the post-rape stringent measures but the security question for women round the country to prevent the rape from happening at all. The Nirbhaya Rape and murder tragedy has been reacted by majority of the citizens’ in different ways and role of media especially has been highly appreciating. I wish we as Indian masses had equally shown such a fighting sprit for justice for the victims of Kashmir’s Shopian double rape and murder case (2009, Asia & Neelofar).I wish the public would have been equally concerned and media had equally responded over and portrayed the human rights violations in India’s conflict zones like mass nameless graves in Kashmir, forced disappearances, Pandit and Sikh killings and their forced migration, Dardpora mass rapes, fake encounters in Kashmir, North east, rape and murder of Thangjam Manorama of Manipur, etc,. I wish the same public would have protested outside the Rashtrapati Bhavan in the same vigour and human heart like they protested in Nirbhaya’s case against the thousands of farmer suicides which were doom spelling (from 1995-2009 there were 240000 and 17368 suicides only in 2009). I wish media and public had been equally concerned about all the brutal crimes against humanity like ethnic massacres, resource grab, water pollution, etc,. I wish public and media would have equally campaigned against Bhopal gas tragedy, Kudankulam, POSCO, Neamgari, illegal mining in Goa, Jaitapur, Narmada, Adivasi alienation, etc., unfortunately public rage in India is short lived and masses readily develop fatigue for agitation and return back to their homes. Nirbhaya has made us realize that we need institutions that can deliver and somewhere it is being observed that people have lost credibility in many of the institutions but that is not the solution and remedy. We have to honour institutions as institutions are always credible, actually it is the culture of negative politics and disbelief in everything, which impoverishes the holistic system. State can definitely control rape and all other crimes to a satisfactory level and restore the feel secure psyche to women, just it has to properly utilize the system at place. Let us all start reforms from ourselves and introspect what really has went wrong. We must never let Nirbhaya die, she has to live in our humane concern, friendly activism and fight for gender equality. Rapes still continue and happen every day in India, certainly it is a moral problem and we all need to ponder over the social rupture and alarming social pathology. Now When the Death penalty is given to the four criminals, who still pose innocent (Ram Singh already dead and the cruel culprit juvenile still left), the question is death sentence the real remedy for rape and is such a punishment going to stop rape in India when we have evidence s of increase in rape cases (1036 rape cases) since December 16 and heinous cases like rape of minors, rapes by so called holy men, rapes of daughters and sisters by fathers and brothers and even mentally challenged kids are not spared (our posing moral-too fake an idea). How to stop rape (even incest cases happening on routine basis),is an embarrassing question to the state itelf,a real brain storming to think tanks, sociologists and to all Indian masses. It is not less than a tsunami or a severe draught or genocide. Rape must be tackled like a calamity. Women need a free space to walk fearlessly even in the late eveinings,they need best street lightsd and safety and need to be treated with dignity by the state by bringing in all the necessary measures that aim at safety and security of women. Adfar Shah belongs to SNCWS,Jamia Millia Islamia,Central University, New Delhi.
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