India’s Broken Justice System: Time to Set an Example Against Rape

The horrific reality of sexual violence continues to plague societies worldwide, and while some countries have implemented extreme measures to punish rapists, the conversation around justice, punishment, and prevention remains complex. The comparison between countries with stringent laws and death penalties for rapists versus India's judicial system, which is often criticized for its inefficiency, corruption, and delayed justice, raises significant concerns.

Global Context: Extreme Punishment for Rape

Countries like Saudi Arabia, North Korea, Afghanistan, Egypt, and Iran have adopted severe and swift punitive measures for rapists. Public beheadings, death by firing squad, and hangings are seen as methods to deter such heinous crimes. For instance:

• In Saudi Arabia, public beheading is administered for rape after sedating the perpetrator.
• North Korea enforces death by firing squad, a grim reminder of their zero-tolerance policy.
• Afghanistan employs equally harsh tactics, with rapists often shot or hanged within days of their sentencing.
• Countries like Egypt and Iran also enforce death by hanging, with stoning allegedly being practiced in some cases in Iran.

These draconian laws serve as a harsh deterrent and are designed to instill fear in potential offenders. However, critics argue that these measures are not foolproof and often lack due process, particularly in nations with questionable human rights records. Yet, raise a profound question: should India adopt stricter and more immediate forms of justice to prevent further brutality?

India’s Long Road to Justice: Failures and Frustrations

India's legal system has long been criticized for its sluggish and often corrupt response to rape and other violent crimes against women. The aftermath of high-profile cases, such as the 2012 Nirbhaya case in Delhi, exposes deep flaws within the system. Despite massive protests, candlelight vigils, and nationwide outrage, change remains incremental and often insufficient.

The Systematic Failures:

1. Lack of Accountability in Institutions: In the recent incident at R.G. Kar Medical College in Kolkata, a rape case was mishandled at every level. The principal, who transferred to another medical college, made insensitive remarks, questioning "why a girl was alone at night and what she was doingt". Such victim-blaming perpetuates a toxic culture that discourages survivors from coming forward.
2. Corrupt Police Practices: In many rape cases, law enforcement officials attempt to obscure the truth. There are repeated instances where the police try to dismiss rape allegations as suicides or accidents. Only after immense public pressure do they acknowledge the reality, but by then, evidence is often tampered with or lost, and the criminal investigation is compromised. This mishandling is nothing short of an additional crime against the victim and her family.
3. Politicians and Their Influence: Political interference further taints the pursuit of justice. Politicians, instead of safeguarding the interests of victims, often protect the perpetrators for personal gain, whether it be for votes, power, or financial incentives. Doctors and families are pressured into silence, creating an environment of fear and hopelessness.
4. A Numb Society: While there is an initial wave of unity and protest from the public following such incidents, the momentum often fizzles out. Candlelight vigils and protests die down, and the public shifts its attention elsewhere. This cycle of outrage followed by apathy only allows the system to remain stagnant, enabling further crimes to occur.

Why Has Nothing Changed?

Even after the gruesome 2012 Nirbhaya case, where the brutality of the crime shocked the conscience of the nation, India’s legal system has yet to send a strong message. The recent RG Kar Medical College case is a stark reminder that no progress has been made. Twelve years have passed, and yet India has failed to set an example that would serve as a deterrent against such cruel crimes.

The complexity of the Indian judicial process, coupled with corruption and bureaucratic inefficiencies, means that justice is often delayed, sometimes for years. Lower courts to high courts, and then to the Supreme Court—this tedious journey of seeking justice often takes an emotional and financial toll on the victim and their families.

The Way Forward: Urgent Reforms Needed

There is a clear need for reform in the way rape cases are handled in India. Swift, transparent, and severe punishments need to be enacted for convicted rapists. Delays must be eradicated, and the law must reflect the gravity of the crime.

Changing the Mindset: Alongside legal reforms, a cultural shift is crucial. Authorities and the public alike must stop victim-blaming and start holding criminals accountable. Educational institutions, law enforcement, and political entities must prioritize protecting victims and prosecuting offenders without prejudice or delay.

Persistent Public Pressure: Public pressure must not wane after initial protests. The public needs to continuously demand legal reforms and support for victims. Only sustained, unwavering pressure will lead to tangible changes in laws and their enforcement.

Time to Set an Example

India is at a crossroads. The recent brutal rape and murder at R.G. Kar Medical College is a tragic reminder that the system is still broken. The government, judiciary, and society must come together to ensure that justice is not only done but seen to be done. Rapists must be made an example of, and the system that enables them must be overhauled.

Without significant reforms, India risks remaining a country where protests and candlelight vigils are the only responses to brutality, and justice remains elusive for countless victims. It’s time for a stronger stance—one that ensures that rapists face immediate, harsh punishment and that the system is no longer a perpetrator in its own right.