It’s a long standing belief that Goa was always safe for women. To a large extent this is true. The credit is due to the 500 years of colonial influence which kept Goa different from the rest of the country and shaped the culture, social mind-set and lifestyle of Goans. The above proposition is not to justify Portuguese rule known for religious atrocities, landlordism and denial of civil liberties but only an attempt to understand the inherited positive trait.
After liberation, we vehemently positioned Goa as an exclusive tourist destination for unrestricted fun, frolic, dance and booze despite the better option of natural bounty, health, recreation, harmony, cuisine and creative pursuits. The economic development model altered the demographic profile of the land and the same is unstoppable and irreversible. Accordingly, we amended the traditional belief about women safety in Goa saying that North Goa is not safe but the Southern region continues to be safe. Now, with the growing incidence of rape and other sex related crimes reaching the villages and courtyard, the assertion about safety of women in Goa is a myth. We can today say that women in Goa are more free and emancipated but as unsafe like the rest of India. Today, safe Goa is nostalgia, not a free gift as before.
Most of the times, isolated incidents, however, horrific they may look, do not form the basis of good laws. They spur extremism in thinking getting reflected in drafting, content and punitive clauses losing control and track of the ground realities and the root causes of crime and criminal behavior. After every incident of reported rape (unreported outnumber) where cudgels are taken by the media and civil society for justice to the victim, the public reaction to crime is death sentence. Politicians and legislators are quick to quench this knee jerk thirst which could prove more damaging than the crime. Such measures satisfies the immediate ego of civil society and provides the alibi for not doing what actually needs to be done to protect women and society from rape and sex related criminal behavior. Far from providing justice to victim, death sentence for rape irrigates the bottom level uncivilised instincts that all will be well if we suck the life and blood of the criminal.
How death punishment to criminal provides justice to victim is beyond my logical comprehension. Probably, it is a distant feeling of justice in the sense of offering protection to women due to fear of the ‘barbaric’ punishment of death. After the ghastly incidents of rape at Kathua, Unnao and Surat, the chorus for death sentence has grown.
Recently, in Goa, there were voices espousing that the alleged rapist should not be represented by a legal professional. A few were vocal saying “give him to us, we will punish, we will stone him to death”. The anger is understandable. It reflects the frustration due to the failure of policing, investigation and delays in judicial administration. As a stark contrast, there was a public outcry and thousands caused damage to public property coming out on the streets in support of so called “Babas and dharma gurus” arrested for rape of innocently faithful girls and women.
Justice Verma Commission recommended to the government of India that death is not an appropriate punishment – even for the most brutal crime. The commission suggested that seven years – which is prescribed by our current penal code – is not enough as punishment for rape and sexual crimes. Moreover, the crimes need to be graded – most heinous and those causing death and extreme brutality should get twenty years in prison at the very minimum and also in some cases, like the Nirbhaya one, the punishment should extend to the entire duration of the perpetrator’s life.
The real issue is not of death sentence but of conviction. Tough laws and draconian enactments fixing brutal punishments would necessitate equally tough investigation, evidence and legal battle. It’s a poor substitute for effective police investigation and quick judicial administration. The eyeballs should be on policing, defense mechanism for women and the currently derailed judicial system. The belief that death punishment will solve the issue or at least make a good beginning is without empirical evidence. And if alleged criminals are denied their fundamental rights then it would be self-defeating for all people’s movements for public causes.
It is the certainty of punishment that acts as deterrent and discourages crime. The collective outrage should focus on conviction. We must definitely punish. If a semblance of justice should be perceived by the victim, it cannot come only through punishment of the criminal. We need positive justice through compulsory provision of compensation to the victim to afford legal, medical and psychological services. We should prepare the female gender for safety at work place and locations of entertainment and recreation. Though a paradox, “ashrams and spiritual discourse centres would figure in the potential sensitive list. Just enactment of brutal and retributive punishment will lull us in an inhuman luxury on statute books.
Making criminal the “sacrificial goat” had popular appeal in Stone Age. Should this appeal be reversed or fostered in today’s democratic, scientific and technologically advanced period is the question to answer. Will death sentence purify the criminal and the likely criminals of the future? Will the distress of death provide justice to the victim? Let me keep these questions unanswered.
(The writer is an educationist and political commentator)
