Delhi gang rape case â€“ is our democracy collapsing?

V Mahalingam
22 December 2012, 05:03 PM IST

The savage gang rape of a 23 year old paramedical student in Delhi has evoked a demand for capital punishment from parliamentarians cutting across party lines. While the electronic and the print media are vociferous demanding action, emotions are running high amongst every segment of the society. Yes, the culprits in this case should be given the maximum punishment admissible under the law expeditiously but if anyone thinks that the punishment or the rhetoric at the Parliament, the anger and emotions will solve this problem to its finality, one would be sadly mistaken.

New and stringent laws, death penalty, increase in the strength of police, CCTVs, more vehicles to the Police for patrolling etc, are peripheral issues compared to the major weak links in the system. Don't we already have enough laws in the country? If only we could enforce the existing ones seriously or utilized the existing resources usefully, we would not have come to grief the way we had to. What is wrong? Read on.

Subversion of the Police and the CBI for political gains is an old story. Had the criminals amongst the political class been treated thus, most of them would be in jail and we wouldn't have had the misfortune of a large number of rapists and criminals enacting laws for the country. Meaningful police reforms are untouchable as it would come in the way of the rule of expediency and bring about the rule of law, an unacceptable proposition to the political class.

The credibility of the police in the country today is so low that people hesitate to go to the law enforcers when they are faced with criminal intimidation, threat or violence. Lodging an FIR is a herculean task as the force is hardly responsive or people friendly. This is especially so when the lower middleclass, the poor and the uneducated are confronted with a problem. The harassment and the pressure from the police to dissuade the victims from lodging a complaint is nothing but autocracy in the so called democratic government. Bribe is then demanded from both the criminal and the victim. If crimes are not recognized and acted upon, how can law and order worthy of a civilized country prevail in the state? The guardians of law have come to believe that shielding the law makers from being punished for their misdeeds by manipulating the system, the witnesses and the evidences give them the right to be arrogant and to enrich themselves through bribes. Delivering service is the least of their concern or priority.

The atmosphere in police stations in most part of the country is not conducive for any self-respecting man or woman to even enter leave alone complaining. The way an individual is spoken to, especially if the visitor appears to be poor or uneducated is indicative of the contemptuous attitude of the guardians of law without any consideration for the agony of the individual. The men are untrained for handling a victim of crime or for collecting any worthwhile information to facilitate any investigation if at all. The police fail to value the other man's time and find it convenient to keep the visitor, witnesses and other informers hanging around for hours together with a splash of arrogance. How can any citizen be expected to cooperate or approach the police in such an environment? A large number of serious crimes against women go unreported in rural India due to the social stigma attached to such issues besides the current state of indiscipline and inefficiency in the Police Force. It is sad that in our country, having furthered the type of police and the judicial systems we have, justice is accessible only to the rich while the poor are violated with impunity.

Obtaining security and Justice in the country today is contingent on ones' financial status and connections. Police is known to change the very colour of the case by manipulating the evidences and witnesses based on pressures and the ability of either party to pay off. A police constable of Hauz Qazi police station involved in giving "supari" to a businessman for denying "hafta" possessing a Swift – HYPERLINK "http://articles.timesofindia.indiatimes.com/2012-12-14/delhi/35819130_1_cable-operators-delhi-police-constable-delhi-cop"DzireHYPERLINK "http://articles.timesofindia.indiatimes.com/2012-12-14/delhi/35819130_1_cable-operators-delhi-police-constable-delhi-cop" HYPERLINK "http://articles.timesofindia.indiatimes.com/2012-12-14/delhi/35819130_1_cable-operators-delhi-police-constable-delhi-cop"says it all. Under these prevailing environment how can anyone expect an innocent girl getting justice in the hands of the Police? The policemen are known to take advantage of such women and harassment is the penalty when one refuses to oblige.

Unfortunately the police hierarchy manages policing from within the office with barely any leadership, control or supervision on ground. How often have we seen a district head or the traffic head, right at the spot of action on normal days which is their bread and butter? Isn't it the reason why policemen do what they want to and get away with any and almost every misdeed?

Leaders the worlds over, except in the case of political parties in India are trained and groomed and not born. Quality of leadership depends on how people are brought up and their thinking influenced during the initial stages of ones' career. Is that the case with our police forces? What grooming can one expect when most within the environment are in pursuit of wealth by hook or crook and the system ill motivated and incompetent? No training – not even the minimal physical training to keep them fit. Lack of pride in them and their organisation are visible in the way they are dressed up and conduct themselves in full glare of public view. Are they the motivated and the disciplined lot on whom the country can depend on to provide safety and security to the common man?

Enough has been said about the courts in my article titled "Our courts reflect the efficiency and attitude of the HYPERLINK "http://blogs.timesofindia.indiatimes.com/In-search-of-propriety/entry/our-courts-reflect-the-efficiency-and-attitude-of-the-govt-towards-the-common-man"govtHYPERLINK "http://blogs.timesofindia.indiatimes.com/In-search-of-propriety/entry/our-courts-reflect-the-efficiency-and-attitude-of-the-govt-towards-the-common-man" towards the common man" Even if stringent laws are enacted, what good will come out of them when the government lacks the will and the police incompetent to enforce laws? Law definitely should take its own course but not its own time. Punishments to be meaningful to the society need to be meted out well before the incident fades away from public memory. The judiciary cannot be singled out for this lapse. The investigating agencies and the administration are more than responsible for the never ending trials. Have we done anything on this front?

Judicial and Police reforms alone cannot eradicate these acts of disgusting violence against women. As a rule, violence against women should neither be tolerated nor be miniaturized. As a long term measure, the country needs to do a lot to educate and sensitize the society especially the parents and those amongst us who fail to appreciate the spirit of gender equality. The idea of a woman as an equal citizen needs to sink in, in the minds of the people. The attitude of the people and the police towards sexual crimes and crimes against women need a drastic change. We need to recognize our mistakes of the past as a country to allow such thugs to breed and for having tolerated them in our midst. Organisations such as the National Commission for Women or the Department of Women and Child Development need to realize that bureaucratic approaches such as writing letters or holding seminars in five star locations are nothing more than symbolism. They need to reach out to the people on the streets to achieve any worthwhile results. Will the Government which has not been able to provide bare minimum essentials to the people even after six decades of independence be able deliver in the social front?

The moral degradation in the society has touched an all-time low. The Governments in power together with the political class, the bureaucracy and the Police are solely responsible for this state of affairs which seems irreversible. Pronouncements in the Parliament and in the media relating to law and order, respect and protection of women are mere lip service meant purely for public consumption. The very fact that the political parties are continuing to give party tickets to individuals with criminal background including those relating to crimes against women exposes the hollowness of their assertions. It is reprehensible to see a top bureaucrat complimenting an incompetent ill trained and a corrupt Police especially when they have failed to deliver. The bureaucrat police nexus is showing.

Ominous signs of some of the pillars of democracy being manipulated are visible. Such maneuvering would render the pillars hollow and weak. A manipulated law enforcement agency or an investigating agency cannot be disciplined or expected to be fair. One cannot look forward to them to deliver. A combination of the effects of such wheeler-dealings does not auger well for Democracy. It is time that the people demanded of the Government to change its ways and deliver or quit.