Same questions. Obvious answers.
The news of a 23-year old student being raped in a private bus in Delhi yesterday evening has outraged most concerned citizens. Even our parliamentarians have taken notice and the police also seems to be swinging into action. But it can not be about one single incident or bringing the culprits of this one crime to book. If it can happen in Delhi, imagine the situation in other far-off places in India. Incidentally, among the 53 cities in India with a population of over 1 million, Delhi recorded the highest number of rape cases in 2011. The state with that dubious honour was Madhya Pradesh.
What is the answer? The most common response to any report of such a crime is to call for harsher punishments for rapists. Some want capital punishment, others want the rapists to be castrated. (Among the countries that have chemical castration as punishment for rapists is South Korea, a country ranked just ahead of most Islamic countries in gender equality. Perhaps there is a linkage between the two.) Considering the reprehensible nature of crime, the emotional response of the people — demand for sterner punishment — is understandable. But it is just another example of searching the keys under streetlight fallacy. Our conviction rate for rapes last year was just 26.4 percent, and that is the figure for the cases where trial has been completed. When we can’t convict rapists, the type of punishment is redundant to the debate. Deterrence lies more in a higher rate of conviction than in harsher punishment.
If harsher punishment is not the answer, then what is the way out? The answer comes from Pratap Bhanu Mehta.
Government can introduce enabling laws, it can spend the money, and it can tick off all the administrative boxes. But these are not the same as inducing profound ethical or social change.
But this issue is also tricky. Most of our politics is focused on the distribution of state largesse or large legislative changes. But the capillaries that nourish society are formed by countless small decisions. Making cities safe, for example, is not just a matter of policing. It depends on architecture, designs of roads, the distribution of people across space, the ability to generate vibrant street life. The sense of alienation from politics is not because of its large failures; it is because it seems to provide no conduit for mobilising common sense or India’s extraordinary creativity into small decisions that will affect us far more than grand administrative proclamations.
But at an even deeper level, these kinds of social transformations can be managed only when there is a synergy between three sites for the reproduction of moral values: the family, civil society and state. One the great legacies of the national movement, and particularly Gandhi, was that he grasped the fundamental fact that unless these move in tandem, all social change will be shortlived.[Indian Express]
Any such project of moral regeneration and social transformation is a long-term exercise. It may take a couple of generations and even then, the success may be only partial. There will be no immediate results, which is what our politicians, media and even the people want. Moreover, where will you get another Gandhi or Vivekananda today? And if we were to be honest, even their projects for social change registered very limited success.
Ambedkar, in turn, believed that the Indian State would be able to remove inequality in social and economic life. For him political democracy was not an end in itself, but the most powerful means to achieve the social and economic ideals in society. The track record of the Indian Republic in the last 63 years doesn’t inspire much confidence in that regard. It has certainly removed many social and economic inequalities but while doing so, it has generated many other problems which the State itself now finds incapable of confronting.
What will be the trigger for such a social transformation? How can we kickstart the process of moral regeneration? This blogger doesn’t have the definite answer but one possible way is for each one of us to propagate and inculcate the right values in our own spheres of influence. It is a slow and unglamorous process but there are no better alternatives.
A country though can’t afford to wait for a few generations to get rid of a heinous crime like rape. That is why you have something called the Rule of Law. And there are instruments of state which are supposed to ensure that Rule of Law: the police and the judiciary. They combine together to form the criminal justice system. It is no secret that our criminal justice system is broken. It is a dead horse. However hard you flog, you can’t make a dead horse canter.
The only way to revive the horse is to reform the system. Police reforms and judicial reforms are the answer. There are many reports laying out the roadmap of these reforms. You don’t need a new committee to tell you what to do. You need to take out the existing reports and start implementing them. But there is no political incentive for such reforms. Law and order being a state subject further complicates the process. The judiciary also seems bereft of introspection. The benefits of the current stakeholders and decision-makers are aligned with maintaining the status quo.
The government nevertheless has to be seen to be doing something. “This is ‘something’. Therefore we must do it.” Yes Prime Minister‘s words never fail to explain governmental approach. So we will have Veeranganas on the street (Guwahati follows this model), or helplines for women’s crime, or women-only police stations, public-police partnerships, government-funded public campaigns against rape, a call for CCTV cameras in buses, or some other such suggestions. Each of these steps has merit but they are all akin to temporarily treating the symptom when the malignant malaise devours the innards. The real answer is fixing our policing and criminal justice system. More police, better trained police, police free of political control, professional investigations, quick convictions, early disposal of appeals, prompt justice — the wishlist is already known to be repeated.
But none of this will happen. We will end up with some cosmetic steps to satisfy the outraged public and keep the media at bay. With two state assembly election results barely a day away, this clamour will soon subside. The media will move to the next story. And we will wait for the next rape — one of the 24,000 rape cases reported every year from India – to start all over again.