When the BJP government was elected to power in May 2014 with absolute majority of its own, many people in India thought this government headed by Narendra Modi as the PM of India would initiate many populist measures for the welfare of the people. It has initiated some populist measures but the most important legislation dealing with “Punishment for rapes and rapists and safeguarding the honor and dignity of women is yet to be initiated”.
Now the Supreme Court has taken the Nirbhaya case of December 2012 to a logical conclusion and sentenced to death all the 4 living accused in the case. Such a judgment was anticipated as the 23-year-old young lady Nirbhaya (meaning fearless) a paramedic was raped and brutalised on a moving bus in Delhi by six men. The Supreme Court referring to her dying declaration who had said “They must be hanged. They must be burnt alive” stated this is a brutal and demonic crime beyond any doubt. The incident generated international coverage and was condemned by the United Nations Entity for gender equality and the Empowerment of Women who called on the Government of India and the Government of Delhi to do everything in their power to take up radical reforms, ensure justice and reach out with robust public services to make women’s lives more safe and secure.
The Government of India then appointed a judicial committee headed by J. S. Verma a former Judge of Supreme Court to suggest amendments to criminal law and sexual assault cases. The Committee submitted its report after studying 80000 suggestions and petitions from the jurists, lawyers, NGO’s and general public. The report of the Verma Committee indicated the failure of the government and the police as the root cause behind crimes on women.
It is pertinent to note this case would not have gone to the High Court of Delhi and the Supreme Court had the Government of India or the “Legislature” law making body in the Parliament passed a law declaring rape as a serious offence and punishment for rape is chemical castration or death in case of death of the rape victim. A lower court could have complied with the formalities of punishment if such a law was in place. It is nice PM Modi made an offer of Rs 6000 for every pregnant woman but it would be still very nice if the Modi government had to enact tough legislation on rape as prevalent in most parts of the world. If not India may soon be known as capital of rapists.
