Rape and law

Sir,

A shocking case of sexual assault in board day light on one of the busiest streets, and almost the next thing that follows in a burst of loose comments from the highest political quarters. Mr. George Fernandes, the Defence Minister wants rapists shot dead in the same way as the China shoot their corrupts. Catch the culprit, dismiss his appeal and get his relatives to buy the bullet that will kill him.

In surveys done after the Delhi rape case, respondents invariably asked for rapists to be put to death. And preferably without the botheration of a trial, hearing etc. Given the context, the emotion is understandable, but is legal short cut the answer to crime, however, reprehensible? The most recent example of this is the Ansal Plaza shoot out, justified by any number of people as absolutely the right way to deal with the terrorists. What, if they were not terrorists but too ordinary youths? Too bad, but that can't be helped. What if they were terrorists, but the encounter was stage managed ? Of course, encounters have to be stage managed; there is no other way to get the terrorists. Besides, those who kill can't ask for a fair trial for themselves.

But the whole point of the justice system is precisely that even those who kill have a right to fair trial. Guilt must be established prior to punishment. In fact, there is a description for a country that does not follow this elementary principle: A banana republic sadly, that is the way are moving. Rape is treated with horror and not because it is violent but because of the disgrace that attaches to its victim.

In a book written by Mr. Nicholas Groth" Men who rape" described rape as, "Sexuality in the service of non-sexual needs." He divides rapists into three categories. Power rapists, anger rapists and sadistic rapist. Sexual gratification is not the objections for any of them. Indeed, for most, rape is a violent means of suppressing their own insecurity.

This domestication is very, very necessary to tackle rape. Groth's study also establishes that victim who know the Physchology of rapists are most successful at resisting rape. Rape must be understood as a sign of weakness and not strength, that is the only way to remove the fear in potential victims. That is also the way to fight the stigma associated with it. Once the fear and stigma are gone, rape will cease to be the potent weapon it is.

Exaggerated calls for death sentence do precisely the opposite. The invest rape with just the kind of power that makes it so fearsome.

Yours etc...
Tanmeet Malhotra
Jammu.

Sense of insecurity

Sir,

In the prevailing circumstances, the on going conflicts, confrontations, regional, communal, and ethnic riots, have rendered the environment insecure for the common masses to live. Be it Jammu and Kashmir, Assam, Gujrat, Afganistan, Iraq, Iran Palestine, Isreal or Pakistan, the conflicts of composite nature have engulfed all these States and people all over, are feeling a sense of insecurity. Whom do you hold responsible for all this?

Such elements are not hidden from you. The politicians no more lag behind in this field. But politicising the various issues, they trigger off the trouble to fish out of the troubled waters. Instead of discussing the local issues like the basic amenities, they would talk of wars and violence, carnages and massacres, and thus provoke the innocent masses. Thus in a communal, religious or ethnic frenzy, the situation is turned violent and the poor masses are made to bear the brunt of this violence.

In Gujarat, the situation is no more different. The minorities who were recently subjected to loot, arson, torture, death and destruction and still living with a feeling of trauma and terror. They have not get come out of the tension that followed the Godhra carnage, when about sixty Kar Sevaks were burnt alive. This led to the dreadful communal riots, leaving hundreds of innocent people dead.

One wonders while going through the present political situation of Gujarat. One hand, the political leaders claim to be secular, on the other hand, they talk of Mandir and Masjid, Godhra and Aksherdham temple crisis, that too at a time when Gujarat is going to polls. This is quite contrary to their claims of secularism. Such attitude of theirs will in one way help solve the problems of the people.

Similarly, in the recent past, the world community witnessed the worst riots in Kaduna, a city of Nigeria, where two hundred people lost their lives. The trouble started when some blasphemous remarks were published in a newspaper. Even when the editor of the press tendered apology, he had to face the consequences, it terms of widespread havoc. The dispute could have been settled peacefully, had the parties knocked the doors of the court. These gruesome acts of violence, which cost lives of hundreds of innocent people, are condemnable at all cost.

Yours etc...
Ashiq Hussain Rather
Mohalla Shinal, Doda.