All eyes will be on the quantum of punishment handed to the four men found guilty of the brutal Delhi gang rape and subsequent death of a 23 year old paramedical student by a fast track court. Ten days earlier, a juvenile board passed the verdict that one of the accused who was 17 at the time of the assault be sentenced to three years in a reform centre, the maximum punishment for a juvenile found guilty of rape and murder. The verdict was described as a major disappointment by the family of the young woman and was run down by many groups and civil society groups that have raised its voice for the juvenile to be handed the same quantum of punishment as the other accused because of the grave nature of the crime committed. There may well be a time when the existing juvenile laws in the country are changed or amended but till then, the fact is that those who are yet to be adults can still be let off and be put through a process of reformation and re-integration. That the state of government mechanisms and support systems like counseling or rather their lack of such services, their ineffectiveness and even acceptance into mainstream society for juveniles who have committed grave crimes ought to be considered is one side of the debate while the other view is that young people deserve a chance and opportunity at reforming and beginning life all over again. Meanwhile, the remaining four accused have been convicted on 13 counts, including destruction of evidence while a fifth suspect hanged himself in jail in March.
Called ‘Nirbhaya’ (meaning Dauntless/Fearless) for her defiance following the physical ordeal that she had undergone, the student studying for a paramedical degree in the country’s capital, her case brought a public swell of emotions and intense debates on the nature of police investigations and legal processes in rape cases in the country. In a never seen spectacle, thousands of activists and urban young people took to the streets of Delhi taking the voices of anger over the delay and soft approach seen in rape related cases in the country. The ground swell of public protest and debates during the 10 days in which Nirbhaya battled for her life because of the injuries she had sustained saw deeper media attention and engagement with various national newspapers taking up media campaigns on how to ensure safety of women in public spaces and ultimately saw the institution of the Justice Verma Commission whose recommendations were mostly accepted. Following this, new laws were introduced which make stalking, voyeurism and sexual harassment a crime, and provide for the death penalty for repeat offenders or for rape attacks that lead to the victim`s death. Special courts have now been sanctioned to ensure that rape trials progress quickly. The media reportage of the Nirbhaya case in the manner of maintaining the confidentiality of the young braveheart has now influenced subsequent media reports of other rape cases or those relating to sexual assault but even as the conviction of the accused came in the case, defense lawyers were quick to point out that the verdict was brought under intense media scrutiny. In making their statement, they have turned a blind eye to the fact that even in such a high profile case as this, it still took 9 months for the verdict to be given. Once the sentence comes in, there will in all likelihood moves to appeal against the sentence in a higher Court.
Despite the positive changes that has come about following new laws with regard to rape and other areas related to the safety of women, including stalking, passing lewd comments, voyeurism and acid attacks, the fact is that there are no efforts yet to address how such cases can be prevented. For any issue, it is imperative that there be ways and means to prevent, intervene and engage with it. On these counts, rape and other crimes that impinge on the safety of women and children, all three areas are in a state where much is lacking. The fact is that till the time all the three areas of prevention, intervention and engagement with the ‘why’ and ‘what can be done’ is addressed when it comes to rape and sexual crimes, there will be more and more cases that will be brought to the public domain with only a few following due legal recourse and thorough police investigations.