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Sep 14, 2013

The Nirbhaya Effect: Justice at last !!

So, the death penalty has been declared. Finally.

Every one commented on it, the media channels are all about it, well circulated in the News, some putting in updates every two hours.. The Judges view, that there should be no leniency (the +The Times of India  coverage) and the satisfaction on the mother of the deceased, finally being at peace.

For sure good coverage and not my thought for today. Had an earlier post on Nirbhaya, but the thought was more on another vote topic also discussed in the +The Times of India. Will the Death Penalty act as a Deterrent to Rape? Good thoughts no doubt, however though people believe that this will prove as one, have my doubts.

The death penalty in the Nirbhaya case, undoubtedly is what was deserved by the culprits, but the fact also remains that the judiciary acted more in fear of a backlash from the people, rather than give it on it's own accord. Whether the Sessions court in Delhi hand down the punishment fearlessly, is more known to the judges, but all said and done, a bold decision.

The verdict being a deterrent for future rape cases, may not necessarily act as one. The Nirbhaya case, was, is and remains a rare case that sparked a nation wide furore from K to K, probably never before seen. The sheer madness with which the act was done, was enough to provoke even the mildest of the mild to vent his frustration at the social structure in which India seemed to reside.

The rapists know this very well and probably understand the fabrics more than the educated masses. The amount of loopholes that the Secular structure provides, the caste system on which the entire country has been created, the anti community feelings that harbour within communities, the illiterate masses that are managed by shrewed guiltless politicians, who still live in the framework and the mindset of the invaders and communities that think that women are simply objects of fulfillment of pleasures known only to man, the ever increasing number of cases that are pending, collecting dust in the courts... Why will this verdict be a deterrent?

Fast track courts were supposed to deliver verdicts in short periods of time. The Nirbhaya case, took 9 months. Surely one would say, arranging proofs, evidences, etc, however considering the culprits were apprehended immediately, the verdict could have come in six months earlier. That, I feel might have sent in a stronger message, along with a Central decision to move all such cases to the fast track courts and taking it out of the regular courts. That might have sparked a fear among wannabe culprits, that the Government means business and is no longer in a mood of protection.

This will require change, a lateral shift in the thinking, and a willingness to put the electorate first over and above personal goals and the desire to stay in power indefinitely. No doubt, the verdict will see appeals, including possible mercy petitions to the President, however one would not be surprised that this too might be a political manoeuvre, to ensure that the timing if it does come to the President to be rejected (possibly already decided), should be at election time..

After all some Aces have to be managed close to the chest. Now whether the country sees beyond this single instance and insist on a justice path that is short and effective, or is buoyed by a single call and the rest forgotten, is our call.

I probably know how I will react and probably quite a few more, but do all is the perennial Million Dollar question..

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