Lynching, Rape and Courts by Kanak Tiwari

Positive India:Kanak Tiwari:
The largest democracy in the world is facing innumerable problems including those of criminality in public life. It was never expected that the ethical and cultural climate of the country would be so perniciously polluted due to the onslaught of such offences at least unheard of in the past despite talks of secularism, religious tolerance and composite culture so forcefully projected in the Constitution of India. Religious intolerance, casteism, regionalism, provincialism and lingual hatred are taking charge of the conscience of the people. It is a historical and also geographical fact that India houses the largest muslim population, much more than the population of Pakistan, although Indonesia may have the largest such population. Despite the fact of a coherence society having lived for centuries together certain political ideologies have created absolute distrust for each other on grounds of religion.

A sort of fear psychosis has been created mainly due to the politicians and the other vested interests as a minority community is concerned. It is strange though true and laudable that maximum number of religions in addition to Hinduism have taken the shelter in this great liberal country. Vivekananda spoke of such phenomenon in his admirable speech in the Chicago world religious conference as early as on 11 September 1893. India in fact became a role model for interreligious exchange of views and ideas due to cohabiting in a culturally organized society. But these are the stories of the past.

Of late a new phenomenon of road side murders, called lynching is on the move. The suspicion about cow slaughter for individual or trade purposes puts the minority community under the target of hatred. It is paradox that several significant beef factories are not run by the minorities yet no stone is left unturned to punish them on streets and in public by the majority community hooligans who are not supposed to be representing the ideology of the great peaceful Hindu race. Incidents involving Akhlaq in Uttar Pradesh, Tabrez in Jharkhand and Pilu Khan in Rajasthan and many more notice or unnoticed have created an environment not contemplated by the makers of the constitution and the democracy. Unfortunately even a section of the people derives some sinister pleasure from such ghasty incidents having been indoctrinated from and on communal biases.

A very perplexing and deplorable social phenomenon of rape of the women by the politicians, affluent persons and those even belonging to police and other services apart from vagabonds who are sought to be motivated is unfortunately happening. Some time back the infamous and much talked of Nirbhaya case shook the conscience of the nation so vigorously that the law relating the offence of rape was substantially amended as also enacted twice or thrice. The statistics about rape offences in the country at large is staggering. India may not lead the world index in this regard should be the concern and worry of the nation. Only recently BJP MLA from Unnao Kuldip Sengar was charged with involvement in a tutored road accident in which the prosecuting her lawyer and family members were subjected to ghastly road side accident which prima facie did not appear purely accidental. Due to heavy timely and obvious public reaction in the media and the social media in particular as also in the parliament of India that the supreme court took cognizance of the issue and instantly ordered for all kinds of reliefs that could be given to the victim and her family and also ordered speedy trial of the pending cases against the alleged rapist Sengar to the satisfaction of the people at large.

The increased in the number of rape offences demonstrates that the offenders are not scared of any legal or justice machinery or even of social denunciation. The worst part is that gang rapes are increasing subjecting even the minor girls and women of hapless classes in terms of poverty and other class considerations including of minorities. It is true that the ideological values of the country are fast eroding mainly due to the degrading politics having taken centre stage of all national activities. The criminals have also found respectable percentage in the legislature across the country. Therefore also the cultural climate is getting gradually polluted in terms of human values.

Of late the supreme court and the high courts have slowed down their role of judicial activism and entertaining public interest litigation to give relief. It may be true that several persons and vested interests may have been misusing the judicial institutions for some oblique purposes in the garb of PILs but the vulnerable sections of society cannot knock at the doors of the constitutional courts due to their poverty, illiteracy and ignorance of such possible remedial measures. Therefore the recent response of the supreme court in the Unnao rape case should be applauded and which may serve as a pointer for various high courts in the country to rise to the occasion in suo motu actions.
Courtesy:Kanak Tiwari(The views expressed are solely of writer)