Wednesday, April 22, 2009

Rapists of TISS' American student should deserve privacy

By no means a civil society accept a heinous crime like rape. It is not about sexual assault on an individual but it is about abusing human rights. It is neither physical torture but mental trauma.

Indian media has adopted a policy to keep the rape victim's identity anonymous though they give enough hints to identify the victim if someone is interested. At the same time, should the accused not get the opportunity to hide their identity? In this case, name and their addresses have been revealed by the media. Not only this, some of the news channels have taken the pride of showing the pictures of the accused as well. We need to ask is this correct when they can be victim of public outrage? I read comment somewhere that goes like

"
ALL THOSE WHO ARE ACCUSED OF RAPING SHOULD BE MADE IMPOTENT , THEIR ORGANS SHOULD BE AMPUTATED SO THAT THEY REMEMBER THIS SIN FUL ACT THROUGH OUT THEIR LIFE".

Apparently all the guys have accepted that there was sexual encounter. But sex encounter between two or multiple mature people does not make it a crime to be punished very seriously, if it is a crime at all. If we read what has been reported in the media, prima facie there is no strong case against the guys to punish them under Indian law for various reasons. First of all, the victim has said that she did not know that she was raped until she woke up next morning. If we see the time line then there was not enough time for rape and sleep. They reached the house around 2AM and she woke up around 10AM. Second, she took 3 days to report the case to authorities so there are chances there will not be enough medical evidences to prove rape. Surprisingly, why she decided to go and sleep with relative less known guys and not with her friend from TISS.

Whatever happened that night is sad but to make some accused criminal before listening their case is little too fast. Should we not follow our constitutional ethos that says, "Innocent until proven guilty"? If out of six only five found guilty, it will make life difficult for the innocent one.

4 comments:

  1. Anonymous1:06 AM

    i agree...not condoning rape..but somehow in this case, i think there is more than meets the eye...the alleged rapists are ruined for life now...irrespective of whether they mayb really innocent or not...

    ReplyDelete
  2. Yes. you are right. Even if they are proved innocent (though it should be other way around, innocent until proven guilty) after many years, they would have lost their educational life and youth in the court rather than doing something for their career.

    ReplyDelete
  3. i think your argument is pointless, for your information the constitution also gives the freedom of speech and i some expresses their opinion, it can't be considered a thr truth and well i think it is sad that this girl would never get justice i our country where the police is not willing to regiter her complaint. if these guys would have acted in the same manner in developed country they would go to jail for life. i feel that instead of defending their right to privacy, you should think about the fact that they took advantage of a girl who considered them her friend. knowing that the would never be convicted of the crime they commited, i think its only fair that atleast they out-casted in society

    ReplyDelete
  4. Dear vidul,

    I understand your feeling towards our corrupt police officials and administration but we can not held someone guilty unless proved guilty. Dont you remember the case of Arushi Talwar. Her father was held for killing his own daughter. Media projected and proved him guilty. Everyone was almost certain that he did it. Now, he has been released by the court and CBI could not find any evidence against him and CBI says police twisted the facts to charge him. Arushi's prents were recently on NDTV interviewed by Barkha dutt and she was sympathising with them for unfortunate events.

    In politics, there are so many MPs and some ministers as well who are considered as gundas and murderer by media and public but they are not convicted so they can enjoy all benefits as anyone else.

    In developed countries, accused are not punished automatically as we believe in India. I know about Scotland where the victim needs "corroborated evidence" that means witness of the rape. Do you think rapes happen in the public parks where there will be witness to the rape? our system has deficiencies we need to improve upon them but world is not perfect anywhere.

    ReplyDelete