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Mohini Giri calls for bobbitising rapists

Archana Sachdev in New Delhi

Death for rapists will not check the heinous crime if the redressal system remains as slow and insensitive as it's now, lawyers and activists say.

Reacting to Union Home Minister Lal Kishanchand Advani's pronouncement that the law would be amended to provide capital punishment for rape, women's groups and advocates said the problem was not the lack of deterrents but that the justice system was biased against the victims.

Quick investigation, time-bound trial and a maximum sentence of life imprisonment would go much further in securing justice to rape victims than capital punishment, they felt.

''It is bogus to talk of death sentence when prosecution remains cumbersome, justice is delayed and the victims are traumatised at each step,'' says Mahila Dakshata Samiti general secretary Dr Ranjana Kumari.

Citing the example of a seven-year-old who was allegedly raped by her uncle in Delhi's Mehrauli last year, she said the trial has not even started. And this, despite the fact that the girl has been questioned in gruelling detail on six different occasions by police and legal functionaries.

''In such circumstances, only the most persevering can see a case through to the end. Most opt to give up due to the social stigma and trauma involved,'' she added.

Government figures support Dr Kumari's view. In 1996, over 338,000 sexual assault cases were filed all over India. The number of arrested was only 195,000. And those convicted: just 32,362!

The police drag its feet in registering cases, the hospitals conduct only cursory medical examinations and the judicial process is just as insensitive, said lawyer Kirti Singh who handled the Gajraula nuns rape case.

The accused are let off on bail, the defence counsel keep seeking adjournments, witnesses turn hostile and judges find some reason or the other for acquittal, she added.

Supporting this contention, legal expert and former adviser to the National Commission for Women Dr Padma Seth cites a recent case. The Bombay high court reduced a trial judge's verdict awarding seven years rigorous imprisonment to a businessman of Raigad to six months. The HC's rationale: the child born out of this forced union had been adopted by a ''good family'' and the victim got compensation.

''Increasing the sentence in the statute books will not help if attitudes are not changed,'' Dr Seth said.

With a mere 10 per cent conviction rate for rapes, increasing the sentence would not help because most accused get acquitted anyway, added Dr Kumari.

Former NCW chairperson Mohini Giri, who advocates death for rapists of minors, says that the government should forthwith implement the recommendations made by the NCW and other women's organisations.

Among the suggestions are the completion of investigation within 90 days and in camera trial within six months, use of the victim's video-taped testimony as evidence, specialised investigation squads, women cops to take down statements and lady doctors to conduct medical examinations.

Also, the law should recognise offences like marital rape, increase the age of consent to 18 years and impose stiffer penalties for incest and rape of minors.

Michael Hartman, a United States prosecutor specialising in cases of violence against women, says there are certain outdated provisions in Indian laws that work against the victims. Among these is section 155 (IV) of the Indian Evidence Act, which allows the accused to show at trial that the victim was a woman of immoral character. Section 54 of the same Act says that the ''bad character'' of an accused was not relevant.

Agreeing that section 155 (IV) violates a woman's dignity and privacy, Dr Giri said the NCW has recommended its repeal. ''Even a prostitute has the right to say no and should face no legal prejudice if she is raped and appeals for justice,'' she stated.

While most people agree that a minimum sentence of seven to ten years rigorous imprisonment and a maximum of life imprisonment would be deterrent enough, Dr Seth recommends that punitive actions like confiscation of the accused's property should also be provided for.

Dr Giri goes a step further and suggests that the convicted person should be bobbitised. ''If the government is really in the mood to enact radical laws, this would be the greatest deterrent,'' she added.

UNI

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