Is Justice served in the right way?
Tags: Justice, Society, Sexual Assault, Crime, Women

Is Justice served in the right way?

India is divided on what is right when it comes to Justice!

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India has recently witnessed an utterly horrific rape and murder of a young woman in the city of Hyderabad. A week later, police have killed the four accused in an encounter claiming that they had tried to escape. This whole incident has raised an ethical dilemma in the country.

Millions of Indians celebrated the killings saying justice has been served, as a crime so brutal warrants such extra-judicial action. They believe it sends out the right message and instills fear in the hearts of those who assault women. But, a small minority expressed horror at such custodial killings and compared it to a barbaric act, and unbecoming of a civilized society.

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Why are many celebrating the encounter killing?

In a country where only 1% of the sexual assault cases get reported, this incident shows how disenchanted the public is with the inefficient, snail-paced Indian judicial system. They point out the 2012 Nirbhaya case where the victim’s family still runs from pillar to post for justice.

Street harassment, stereotyping, and boys-will-be-boys attitude is part of many women’s lives. And there is the horror of acid attacks, rape, and murder in some parts of the country when you daresay ‘No’.

When a family reports her girl missing, the most common first question to be asked will be, “Has your girl run away with someone?”. Added to this insensitivity is a significant delay by the police in filing the report and starting the investigation.

Sexual assault trials drag on for years, usually even in the fast-track courts, and they are perceived to be equally humiliating. The whole life, the most private details, and the trauma of the victim are played out on the numerous news channels with utter disregard for her privacy. Flouting of law, intimidating witness is common if the perpetrator is wealthy or powerful.

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Is it right to celebrate the custodial killings?

The thunderous applause and celebration of the encounter killing show the society’s loss of faith in the justice system. Millions supported the police action as they saw it as speedy or instant justice. Even after the enormous public outcry and change of laws, the most high profile cases also have not yet found closure after many years.

The forgotten questions here are — If we celebrate one killing, do we continue to celebrate all killings? Can such custodial killings deter crime and make women feel safe in the future? Can we even expect police to handout such immediate justice to the rich and powerful? Where does it lead to, and where does it end?

The public cheers raise another difficult question — Do we seek revenge or justice? Rather than fixing the dysfunctional judicial process, can a civilized society cross the line, take law into hands and play judge-jury-executioner?

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The criminals may not even fit into the ‘human’ category. That doesn’t mean society should be barbaric. Should we emulate the low-crime Scandinavian nations that don’t even have the death penalty, or emulate the medieval societies where stoning and public hanging are the laws?

When we empathize with the victim emotionally, the encounter killing may seem right to some. But, when we think about what it means to the society as a whole, how it will influence our children, and what kind of precedent it sets, do we really want such quick-fix as justice?

The real justice comes when the criminals are convicted in courts, and their sentence is carried out swiftly. For this, there needs to be a complete overhaul of the criminal justice system, i.e., setting up fast-track courts for sexual assault cases, efficient forensic labs, better investigation and prosecution.

Screenshot by author

Illiteracy, poverty, and lack of awareness are often cited as overwhelming reasons for violence against women. Beyond anything else, when people forget being human, they tend to commit such brutality.

The most crucial aspect to look at is — value and moral education in the upbringing of a child. Parents, teachers, and society should teach kids about gender, mutual respect, and communicating in a non-violent way. And that men are not dominating sex, and women are not the weaker sex.

The fact that citizens have lost respect and faith in their judicial system in a democratic country is disheartening. Even more tragic is the increasing nature of brutal crimes against women, even in the 21st century.

Everyone has to do their job in the right way — family, schools, society, and, more importantly, the trio of legislature, judiciary, and the executive. The only way to move forward is not to move backward, not to step into the era of darkness.