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Rape is not a morality issue; death should not be too

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Shweta Punj
Shweta PunjApr 24, 2018 | 17:54

Rape is not a morality issue; death should not be too

Among our many problems, child rape stands out as the most crushing one. Beyond open defecation and glaring income disparity is the story of India’s losing battle in protecting its children from sexual offenders and predators. Kailash Satyarthi has termed rape and sexual abuse of children in India as a “national emergency”. And going by government data that 18,862 cases of child rape were registered in 2016 — it means more than 50 children were raped every day. Yes. 50 reported cases. The numbers would be far greater than that.

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As a nation, our emotions run high whether it is in religion, politics, cricket and now child rape. We bring out demonstrations holding placards, take to the streets and most importantly question the deteriorating moral compass of the society — sometimes even refusing to acknowledge this heinous reality of our times. A superstar recently was quoted as saying that he didn’t want to talk about the little girl from Kathua who was brutally raped and murdered. And therein lies our fundamental problem. Our inability to accept our ugly truth and our compulsive disorder to build an alternate reality.

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'They want their dignity restored, they want the world to know that they did no wrong.' Photo: Reuters

Equality Now, a global organisation dedicated towards empowerment of women and girls, pointed out in a report that rape is treated as an issue of morality rather than violence. The report mentions are Afghanistan, Belgium, China, India, Indonesia, Jordan, Luxembourg, Netherlands, Nigeria, Pakistan, Peru, Singapore, Taiwan and Yemen. “In these jurisdictions, sexist terminology of humiliation, outrage, honour, modesty, chastity or morality is used in legal provisions on rape.”

India, evidently, is in the company of some extremely patriarchal societies and patriarchy runs deep in the way we choose to view the issue.

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Scores of columns have come up in the last few weeks arguing rape is a “social crime” and demands a social solution. But here’s the truth — rape is an extremely violent crime and demands stringent law enforcement.

Habits and attitudes, or morality if you may, would take a lifetime to be reinforced or to be changed. The problem is not about us as a society hitting a new low in “morality” but of our institutions failing us repeatedly. Of our inability to build ecosystems around the country that can prevent, detect and rehabilitate.

I have spoken to children who were abducted, raped, sold and then rescued and brought right back to the place they were raped and, in most cases, the rapist was known to the family so they continued living in the same neighbourhood as the rapist. And in all the cases, the rapist continued his life as a normal citizen while the victim and her family were ostracised from the society; she gave up on her dreams, and in most cases, even stopped stepping out of the house except for court hearings where she was put through even more humiliation by the lawyer of the rapist — usually wealthier and more powerful.

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This is where the morality narrative comes and bites us. Because it is not those of us who run social media campaigns, bearing the burden of that moral compass that we often invoke, but millions of those children who are fighting for justice.

It is them who have to explain the morality of the crime that was committed to the world at large. Why them? Why weren’t they cautious? And so on.

And the parents of these victims who I spent some time with came across as incredibly brave with a strong sense of justice for their child. Therefore, I don’t really buy the argument that since the perpetrator of the crime is known to the family, the family will take a lenient view towards the crime and not report for the fear of death penalty. These parents are crying for justice and their love for their children is unconditional.

I met a child whose father is a farm labourer; she was raped by the local godman. Her father earns a few hundred rupees a day to support their family while her perpetrator continues to live in the village, openly threatening the family; yet, the father and daughter diligently take the night bus to Varanasi to appear for every court hearing in the hope that one day, the godman will be punished. They have been offered money and threatened, but they told me all they want is to see the perpetrator being brought to justice. Nothing else will do. Even if it means that they must make do with one meal a day.

They want their dignity restored, they want the world to know that they did no wrong.

Our on-ground institutional mechanisms have completely failed this child rape survivor and millions of other such children who are trying to fight for justice in the face of the greatest adversities.

Announcing a death penalty might give out the signal that this government is serious about punishing child rapists. Close to home, my driver Ashok Jana, who has two daughters and a son jumped with joy when he found out. “Didi, Sunday ko cricket nahin dekha, par Ravi Shankar Prasad ko dekha... Bahut accha kiya. Baccho ke saath batameeze karne ka yahi hona chaiye,” he told me, with a sense of victory and hope.

If the government is hoping for the fear factor to act as a deterrent, it must now act on the 1,00,000 cases pending in the courts. According to Satyarthi’s foundation, a child rape registered in Arunachal Pradesh would take 99 years to go through the courts. A child raped in Western Gujarat would have to wait for 53 years for justice. It is important to note that four men were sentenced to death for the 2012 gang-rape and murder of a 23-year-old woman, but their sentences have not been carried out yet.

There are some glaring gaps which have allowed India to become a safe haven for child sex predators. Let’s consider this:

Why doesn’t India have a list of sexual offenders with every organisation, place of employment big or small, across the country? Every home should have a list of sexual predators in their area — this is possible if the police forces adopt technology aggressively.

Counselling centres for parents, children, neighbours on why it isn’t the child’s fault if she gets abducted and raped; a massive cultural campaign aimed at changing mindsets through stories, music and theatre?

Why don’t we have high penalties for police officers who botch up investigations or stringent punishments for those who become part of the crime?

Because at the end of it all, rape is a violent, cruel, heinous crime. So please let’s not talk about morality here. Oh, another piece of detail: Jammu and Kashmir does not have the Prevention Of Children from Sexual Offences Act (POCSO), so the alleged culprits were not charged under the Act!

Let’s get over our moral compass, already!

Last updated: April 25, 2018 | 18:34
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