The past few weeks have been sobering for all Indians as we learn more
about the horrific rape of a young woman in Delhi, the total failure of
our system to protect her, and ultimately the tragic demise of the poor
woman. A life was snuffed out by a group of soulless monsters and the
only closure would be severe punishment for them.
But it wouldn't. We can punish these particular rapists as harshly as we want but it won't fix the bigger problem that
India is confronting, and the only closure for
that
would be a massive revamp of our entire legal and enforcement
apparatus. The fact of the matter is that India is a lawless country
and a travesty amongst civilized nations. In fact, no nation without
law and order can really even call itself civilized, no matter how deep
its history or how bright its economic prospects.
While rape is
the crime that is in the spotlight right now, it is sadly only one of a
litany of atrocities that are committed daily in that country, from the
biggest cities to the smallest villages, and that are committed with
impunity. Murder, torture, kidnapping, infanticide, assault, robbery,
you name it and we have it - in spades… It is the darkest version of
the Wild West that you can imagine, and no one seems to be able to do
anything about it.
However, now that our tolerance seems to have
reached its limit, there may be hope for change, but it is imperative
for our Prime Minister, Manmohan Singh, to take the lead in making sure
it happens. It is not enough for him to delegate this task to others
but is incumbent upon him to take complete and full responsibility for
fixing the system. Only then will something meaningful be accomplished.
Here are some concrete steps that the PM can take right now, and which he frankly must:
Order a Complete Review of our Criminal LawsThis
may be a Herculean task but is also crucial. We may be a democracy but
if our laws are antiquated and inadequate to deal with modern life,
socio-economic realities, and criminal patterns in existence, then they
are completely useless. Also, without a comprehensive legal framework
in place to address serious crimes like rape and murder, how can we
claim to be a just society? This is a process that is long overdue and
its importance cannot be overstated.
India should study other
developed nations for their laws, including England and the United
States, and co-opt the best ideas and legal deterrents available. It
must also streamline the way that laws are processed in the court
system, for there too our failures derail justice routinely.
Assign 'Wartime' Priority to Revamping of our LawsFollowing
this review should be an expedited revision of laws and enactment of
new laws. While our political system may be flawed, it is fully capable
of getting its act together at a time of crisis to pass legislation
that is critical for the fate of the nation. The closest analogy to
this would be wartime, because that is precisely the level of crisis
that India's lawlessness has reached today!
Clean up the Police ForceLong the butt of jokes in Bollywood films, the incompetence, corruption, heartlessness, and sheer uselessness of India's
police force
is no longer funny. It should be a matter of urgent national concern
and, frankly, panic. How a nation of more than a billion people,
high-tech industries, nuclear capabilities, economic might, and
thousands of years of knowledge and culture behind it does not have a
police force that can protect its citizens is beyond all logic or
understanding.
India's response to emergencies of all kinds is
pathetic, but its response to crimes is downright astounding. It is so
bad, in fact, that most victims simply do not bother to come forward -
either for fear of being marginalized or the fear of being victimized
all over again by the police themselves. Widespread poverty exacerbates
the problem even more since those who need help the most are often
spurned because of their inability to offer bribes, and in even more
egregious cases, actually abused by a sadistic police force.
The
reality is that India's policemen are more often thugs in uniforms than
heroes, and are probably the biggest encouragement to crime in the
land. As important as it is to clean up the legal system, it is equally
vital to have meaningful enforcement, and that cannot happen until the
police are held accountable for their negligence of duty. As long as
the police are allowed to hold themselves above the law, there can be no
law and order in India.
To clean this mess up, though, it is not enough for the PM to simply "
review"
current procedures, for the men tasked with carrying out those
procedures are themselves corrupt. The only solution is for the central
government to take control and enforce the laws on local police, along
the lines of what the FBI did in the United States during the civil
rights movement. It may be complicated jurisdictionally and
controversial politically but there is really no choice in this matter.
It
has to be done.
Root Out Corruption in GovernmentThis
is a story that has played out for so long that it has almost lost its
power to shock. Government officials in India, from top to bottom,
demand bribes to provide any public service at all. So common is this
phenomenon that it has actually become a part of accepted life, but the
repercussions are much more serious than simply the negative economic
impact of a heavily bureaucratic and corrupt government. The culture of
corruption impacts the rule of law since justice in India carries a
heavy price-tag - in hard cash.
To put it another way: you do not get justice in India, you have to
buy it.
It
is true that conscientious politicians and activists have been waging a
war on corruption for years, but it is also true that very little has
been accomplished in this regard. The focus tends to be on the business
side (bribes taken for government contracts etc.) but the more
insidious aspect of corruption, namely the compromising of criminal
justice, does not seem to be a priority for our society. That is an
oversight that the young woman in Delhi, the woman in Punjab who
committed suicide after being ignored by police despite reporting her
rape, and god knows how many others, have paid for dearly.
Again,
unless corruption is properly (and commensurately) criminalized and
then punished, the system will simply not change, and all the political
rhetoric, public hand-wringing, Op-eds, and Facebook posts in the world
will accomplish absolutely nothing. What I am saying is that it is time
for the PM, and India in general, to stop using mere words to battle a
real-world crisis, and use real-world means and real-world consequences
to solve this intractable problem.
What we need to recognize is that the rape in Delhi is not just a sexual crime but a
crime against humanity. India's problem is not just sexism but a
systemic
lack of respect for human dignity and life, and unless the depth of
that breakdown is recognized, no meaningful reform can be instituted on
any level. Our moral outrage right now might be over a specific victim
but the fact is that millions of others are also victims of some type of
violence all the time in India; and unless that status quo is
challenged at the very core, life in India will not change. It might
give us some comfort to punish the barbarians who did this but what will
really give us closure will be the creation of a system of law and
order that protects us from such barbarism and establishes true
civilization in the country.
I know I speak for all decent
Indians when I say that I hope the PM hears this clarion call, and steps
up to the challenge that faces him.