The society, the punishment, the Law and the Order

lady-justice1Lady Justice stands blindfolded with scales and a sword. The blindfold is for being impartial, which frankly doesn’t happen much. The blindfold depends on the might of the person on trial. If the person is rich enough, it is satin cloth pleasingly wrapping her eyes. And she bestows the favorable justice, favorable to the satin provider of course.

We hate Taliban style justice but we agree that there are some people who deserve it. Like the recent case of rape, infuriated a nation as a whole. Justice, in India at least, is keen on reforming the person rather than sentencing. This doesn’t sound like justice to the poor girl, but sadly it is what it is. In a previous article I wrote about insensitivity of our country in a post-rape situation.

Castration seems to be the punishment in season. Almost everybody has been suggesting this form of punishment to be meted out to the rapists. Rape is usually not a pre-planned crime and hence I don’t see any sense in thinking that such a punishment will lead to a deterrent. Like a friend commented on my Facebook status update, rape is crime where the person seeks control and not lust. Lust is a factor but it is the need to control that triggers the rape. The need to control has risen due to the drastic change in the social factors.

There are 3 types of India within India –

1)      The village – still doesn’t have electricity or major roads connecting to it. Majorly consists of illiterate residents. The newer generation wants to move out of it. The village still follows cast system and hence the lower castes are exploited.

2)      The developing town – this place now shows signs of economic boom. But it still is coupled along with a few villages. This town was once a village but because the city is crowded, the population is spilling to closer villages. The development and the new settlers are not necessarily welcomed by the original villagers.

3)      The city – completely developed and surrounded by towns.

It is the 3 separate India that causes the friction.

Men aren’t able to come to terms with the fact that women are capable of doing everything. Not much long back, the women were forced to remain within the 4 walls. Due to the change and sudden ‘freedom’ to women has lead to a lot of insecure mental disorder. Hence the exponentially increasing numbers of rape.

We have been screaming that the law needs to be stricter. Let us think once again, are laws actually followed? What is causing so much chaos? Is it the lawlessness or is it the law?

The execution of law fails at all levels. I am confident that even if we brought in castration as a punishment, even one person won’t be ‘awarded’ that punishment. There will be a long list and of people in line for the punishment and it will be delayed for decades. Exactly the situations of the people in line for ‘hang till death’.

What we should fight for (sadly we have to fight) is ORDER. Order comes before the crime in question occurs and then follows LAW. Then justice is arrived at, based on the crime. It is Order which can be used to prevent a crime. To amend a section of law will take around a year, because an amendment isn’t passed based on social movements and candlelight marches. It takes time to write a carefully worded amendment, and then it has to be passed in the parliament. Order is dependent on Law for being empowered. A policeman can’t arrest you without a valid reason supported by Law. It is a cycle.

Law is pretty detailed and carefully worded (in most cases). The problem occurs when a smartass comes along and plays with the words to cheat law. Law gets cheated time and again because crime occurs time and again. The order bows down to power of the rich and the famous.

There is really no clear permanent solution from the Law and Order side, the solution lies within the mind.



1 Comment

  1. // Reply

    Sudarshan…I guess you haven’t heard a punchline of Vivek..”Dandanaigal Kadumaiaanaal thaan Kutrangalum Kammiaagaum.”

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