I see so, so many of my friends, colleagues and acquaintances applauding the encounter of rapists-murderers in the Hyderabad case that I wonder if I am only wrong in feeling uncomfortable about this.
But I am certain I am not wrong. Yes, they deserved death. As quickly as possible. But is this the way ahead?
When governments or those in power seek instant decisions, applause and credit it is understandable they take the shortest way to it. But a democracy, a civilised world respects due process. It respects the rights of even the guilty and it ensures justice for the worst suffering victims.
Mark my word, justice. Not revenge. It is a very thin, almost invisible line between the two. But it's a powerful line that must not be crossed. For it's the line that separates civilisation from barbarism.
People here might go back to Ajmal Kasab and say he lived on taxpayers' expense. True. But he was executed through a process and not a single person, leader, government anywhere in the country or world can point a finger at him not getting a chance to speak.
Let's go back a littler further, shall we? Everyone knew what would happen in court during the Bhagat Singh trial. He himself knew. And yet, there was a bloody trial. And he got to speak. And that's how the famous 'need a big blast to make the deaf listen' speech came about. And for all the crap from the Brits (and I am one of those who literally hates them to my heart & soul and would love to see them as a malnourished, struggling, indebted 4th world nation for all that shit hole did to the world spl Asia and Africa) they followed the letter, if not the spirit of law.
So, yeah. Back to Hyderabad. I understand the angst. I understand the need for a quick result. I understand the grief of the family and the fury of the nation.
But just stop and think for a second. What would have been better? This encounter, or a fast-track case where the trial was over in 4 weeks, with no provision for appeal, and a quick hanging?
Wouldn't that have had a bigger impact on actual judicial system? Wouldn't that have put judiciary in a more favourable light? Wouldn't that have given the vast common public a lot more trust in the system for delivering justice? This was not a one-off case even though it became highlighted a lot more. I heard somewhere that a woman is raped every 15 minutes somewhere in this country. That's 35040 rapes a year. I can confidently say that atleast 1% of those would be heinous and end with victim deaths/murders.
How many of those 350 cases are talked about? How many of those accused charged and convicted? How many invoke horror? How many encounters? Those celebrating this encounter, what would they like to say the families of the other 349 who remain anonymous? That their daughters/sisters/wives/mothers were less deserving of justice?
A quick, extra-judicial encounter is like band-aid to a battle wound. Can there be legal provisions for fixed deadlines, no course of appeal and conviction within a week of decision for serious crimes?
A lot of it, by the way, already exists. But the execution is an issue. Instead of celebrating quasi-murders, can we not seek accountability from the judicial system and execution of the existing stringent laws? Can we not haul up our MPs and MLAs when they come seeking elections for not utilising the funds meant for women security? I know people might think it not possible but while the judges can haul up advocates and lawyers for insubordination, an open protest by general public seeking faster decisions, filling up vacancies and improved delivery by the courts cannot be treated as such. So why not do it?
PS: I am no bleeding heart liberal. I am as much a frustrated, short-tempered, desperate Indian as anyone else. I love my country as much as the next person. I am not in favour of anyone who believes in insidious activities and will gladly pull the trigger on them.
But, thankfully, I am not barbaric and dehumanised enough yet to condone what I can clearly see is a knee-jerk response by the powers-that-be to put a lid on what might have become a massive embarrassment for those in power. Both in centre and state. I am proud I can still see it clearly. I wish more of my friends do.
That's the only hope.
But I am certain I am not wrong. Yes, they deserved death. As quickly as possible. But is this the way ahead?
When governments or those in power seek instant decisions, applause and credit it is understandable they take the shortest way to it. But a democracy, a civilised world respects due process. It respects the rights of even the guilty and it ensures justice for the worst suffering victims.
Mark my word, justice. Not revenge. It is a very thin, almost invisible line between the two. But it's a powerful line that must not be crossed. For it's the line that separates civilisation from barbarism.
People here might go back to Ajmal Kasab and say he lived on taxpayers' expense. True. But he was executed through a process and not a single person, leader, government anywhere in the country or world can point a finger at him not getting a chance to speak.
Let's go back a littler further, shall we? Everyone knew what would happen in court during the Bhagat Singh trial. He himself knew. And yet, there was a bloody trial. And he got to speak. And that's how the famous 'need a big blast to make the deaf listen' speech came about. And for all the crap from the Brits (and I am one of those who literally hates them to my heart & soul and would love to see them as a malnourished, struggling, indebted 4th world nation for all that shit hole did to the world spl Asia and Africa) they followed the letter, if not the spirit of law.
So, yeah. Back to Hyderabad. I understand the angst. I understand the need for a quick result. I understand the grief of the family and the fury of the nation.
But just stop and think for a second. What would have been better? This encounter, or a fast-track case where the trial was over in 4 weeks, with no provision for appeal, and a quick hanging?
Wouldn't that have had a bigger impact on actual judicial system? Wouldn't that have put judiciary in a more favourable light? Wouldn't that have given the vast common public a lot more trust in the system for delivering justice? This was not a one-off case even though it became highlighted a lot more. I heard somewhere that a woman is raped every 15 minutes somewhere in this country. That's 35040 rapes a year. I can confidently say that atleast 1% of those would be heinous and end with victim deaths/murders.
How many of those 350 cases are talked about? How many of those accused charged and convicted? How many invoke horror? How many encounters? Those celebrating this encounter, what would they like to say the families of the other 349 who remain anonymous? That their daughters/sisters/wives/mothers were less deserving of justice?
A quick, extra-judicial encounter is like band-aid to a battle wound. Can there be legal provisions for fixed deadlines, no course of appeal and conviction within a week of decision for serious crimes?
A lot of it, by the way, already exists. But the execution is an issue. Instead of celebrating quasi-murders, can we not seek accountability from the judicial system and execution of the existing stringent laws? Can we not haul up our MPs and MLAs when they come seeking elections for not utilising the funds meant for women security? I know people might think it not possible but while the judges can haul up advocates and lawyers for insubordination, an open protest by general public seeking faster decisions, filling up vacancies and improved delivery by the courts cannot be treated as such. So why not do it?
PS: I am no bleeding heart liberal. I am as much a frustrated, short-tempered, desperate Indian as anyone else. I love my country as much as the next person. I am not in favour of anyone who believes in insidious activities and will gladly pull the trigger on them.
But, thankfully, I am not barbaric and dehumanised enough yet to condone what I can clearly see is a knee-jerk response by the powers-that-be to put a lid on what might have become a massive embarrassment for those in power. Both in centre and state. I am proud I can still see it clearly. I wish more of my friends do.
That's the only hope.
