The cry for justice in the RG Kar Kolkata rape case echoes
across the nation, but what does "justice" truly entail in our
society? We know how the judiciary functions in theory—it's all written in law
books. But in the real world, does it operate as it's written? I wanted to
understand this, which led me to delve into interviews with judges recently. It
was an attempt to grasp the reality behind the robes.
It’s no secret: Courts and judges are highly respected in our society, which puts them under immense pressure to uphold that status. Judges are viewed as unbiased and expected to deliver justice with the highest standards of morality. However, truth and justice do not always align. Judges are often aware of the truth, which complicates their job. They have to navigate their decisions through evidence, politics, and other factors. The harsh reality about justice is that it often reflects the perceptions, experiences, and values of those who deliver it—after all, judges are human beings too. One reason why we all avoid legal battles apart from expenses and mental trauma. Will the 31-year-old doctor who was brutally raped get justice she deserves? Time will tell!
This article is a continuation of my previous piece, where I mentioned that I would try to shed light on some reasons why rape and crimes against women are complex topics. Much has already been said about these issues, but I am trying to look at them from a fresh perspective. Keep reading; you might find something that hasn't been widely discussed.
We talked about over-dramatization and sensationalism in my last article. Now, let's discuss something else that isn't often addressed. The media tends to show outrage only when crimes are particularly gruesome, like in the Nirbhaya, RG Kar hospital, Hathras, or Bilkis Bano cases. Less sensationalize cases often get lost among sensational news. The media is owned by corporate giants who only care about making money. Sensational news attracts viewers, leading to higher TRP ratings and more profit. Simple calculation.
Another media issue is the lack of follow-up reporting. Do you see any follow-up news about Manipur, where we all saw a mob parading naked women on the streets and molesting them? Do you know what's happening in the Prajwal Revanna serial rape case or the Brij Bhushan case? Even though these are all recent cases, we don't know what's happening, let alone in older, less sensational cases. It's the media's job to ask questions on behalf of the people, and when the media doesn't play its role properly, who benefits? It's the corporations and politicians. Politicians will have to stop mass manipulation through media at least for such cases on a humanitarian ground.
Regardless of which party or politician we support, we cannot ignore the fact that they are human, like judges. Like all humans, they are flawed. Let's look at the kind of politicians we have. To know the reality of any political party or leader, look at the details they provide during nominations. Every candidate who files a nomination must provide details about their assets, income, and education. The Association for Democratic Reforms (ADR) has already analyzed this data for us. This is the same ADR that exposed the electoral bond scam. Iam giving brief below.
In this election, 8,360 candidates have filed their affidavits. ADR found that 1,643 candidates, or 20%, have criminal cases pending against them. In 2019, this figure was 19%; in 2014, it was 17%; and in 2009, it was 15%. In 2024, 14% of candidates have serious criminal cases registered against them, including charges of rape, murder, attempted murder, kidnapping, and crimes against women. In 2009, this number was 8%. The figures seem to be rising quickly—at this rate, how far are we from reaching 100%?
According to an article published in Mint, if we divide criminal candidates by party, the Communist Party of India (Marxist) surprisingly tops the list. However, they have fewer candidates overall. The top candidates with the most criminal cases are from the BJP. At number one, you'll find BJP candidate K. Surendran from Wayanad, Kerala, with 243 cases against him. At number two, Dr. K.S. Radhakrishnan from Ernakulam, Kerala, another BJP candidate, has 211 cases against him. At number three, Arjun Singh from Barrackpore, West Bengal, a BJP candidate, has 93 cases against him. This means 43% of BJP candidates have criminal cases. Congress seems to follow closely with 44% of candidates facing criminal charges, just a 1% difference.
Looking at this data, it feels like we are led by criminals. Criminals do not have strong moral compasses, so expecting them to deliver justice or enact laws seems questionable. Politicians are only looking out for themselves and their parties. They are even thinking about ways to take advantage of these situations while the entire country is in distress. Their wealth is increasing while people are becoming poorer. It's no secret that if there were no chaos and problems, politicians would be jobless. Peace and harmony are not good for any politician's career. So, when people's minds are filled with so much constant information, they are unable to focus on one particular issue, hence unable to get any resolution as the outrage shifts from one incident to another.
Crime against women in India is a particularly complex issue, and strict laws alone will not solve it. Sure, they may instill fear, but there is also a downside to fear. I have seen many men literally stop talking to women in offices when they are introduced to POSH (Prevention of Sexual Harassment) policies. They don't encourage women on their teams at times because they feel uncomfortable dealing with them. This is not good for both the genders.
Another reason why strict laws don't always work is that in many cases, rapists are already aware that nothing will happen to them. Firstly, because they are often someone close to the victim, so they think the victim won't report the crime. Secondly, because they have powerful connections or are in positions of power themselves. We have examples from many countries that already have strict laws in place, but is there no crime against women in those countries? Are women happy there just because of strict laws? These are points to consider when we talk about strict laws. Using the phrase "strict laws" sometimes feels like a diversion from addressing the real issues. Fast track court is something to be considered instead of strict laws.
There is another reason why rape in India a complex issue is: casteism. Often people argue that rape should be considered a humanitarian issue, not a caste issue, but casteism is also very much a factor in rape cases in India. Communal crisis in India is real! Report shows even now, for the Kolkata doctor case, people are searching for the victim's caste on Google. It's not new that whenever anger against one particular community grows; it gets diverted towards the women belonging to that community. It has nothing to do with the sexual urges of the rapist. It is simply a cold, calculated act of humiliation, asserting power, control, and domination. This mentality problem deeply ingrained in caste system and has nothing to do with psychosis. If system sideline with perpetuator, then the narrative is being set.
There are many cases where reason for crime against women was her caste, but one particular case that got tremendous attention is the Hathras case. The Hathras gang rape happened just a just four years back in 2020; a 19-year-old girl was raped by some upper-caste men. So much happened in the Hathras case that if you go online and search, you might get lost in the information available. There were cover-ups, riots, mismanagement, media narratives, and bizarre statements by lawyers. It was a gallous approach by the government and police. If you want to know the facts of Hathras gang rape case, try watching or reading report of some unbiased independent journalist.
Research identifies poor sex education, flawed educational systems, mental health issues, and unemployment as global factors contributing to rape. In India, rape is a complex issue requiring deeper understanding of unique cultural elements. Legal measures alone can't guarantee women's safety. Effective prevention needs a comprehensive approach addressing root causes specific to our society. Combating sexual violence requires collective effort beyond legislation.
Creating a safer environment for women in a highly patriarchal society, where even trailblazers like Vinesh Phogat face sexual violence, requires sustained and multi-faceted efforts. This journey requires commitment and participation from all individuals and institutions in our society.
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