Crime without punishment: What is legal may not be just

There are times when word seem to fail. Even barbed words appear to have been bludgeoned to bluntness by unimaginably shocking and disgraceful events.
Representational Image (Express Illustration)
Representational Image (Express Illustration)

There are times when word seem to fail. Even barbed words appear to have been bludgeoned to bluntness by unimaginably shocking and disgraceful events. The 'remission' of convicted gang-rapists in Gujarat and their subsequent felicitation should have sent waves of anger across the nation and loud unceasing protests. What we witnessed though was a distressing silence and by the usually vocal majority, and stunned stupefied loss of voice by the few surviving citizens concerned about rights and rule of law.

Make no mistake. This is no trifling matter. Jurists may long debate the legal validity of the state's decision in this and other cases to grant remission, even pardon, to convicted persons. There may even be those who will shout down critics by repeating ad nauseam that 'due process' was followed. What is disgusting is that the manner in which the convicts of a most heinous crime were honoured like heroes after their release from prison.

Saffron scarves draped around their necks, they basked in blind adulation of bhakts touching their feet, vying with each other to garland them -- literally being worshipped like incarnation of gods. As if this was not salt on unhealed wounds, an MLA of the ruling party educated us that these were good 'Brahmin' boys with 'sanskar', who had behaved well during their term in jail. This is what should raise the hackles of all Indians who have not lost their conscience. What has the caste of a convict got to do with the crime he commits and the punishment meted out to him/her? What does the ridiculous reference to sanskar imply? Why should a sanskari Brahmin convicted (after due process of law of the land) of rape and murder be looked upon differently -- before or after remission?

The most bizarre thing is that not a squeak was heard from anyone in the ruling party when this sordid drama was enacted. Even the women MPs and ministers chose discretion over futile valour. There always are distractions to divert the attention of the public -- boycott of a big-budget Bollywood film, game of cricket or demolition of illegally constructed skyscrapers in NCR. If all else fails, the ED or CBI raids on leading lights of the opposition can be counted upon to push other news from headlines.

The timing of the remission was curious to the say the least. The Prime Minister had barely finished addressing the nation from the ramparts of the Red Fort, exhorting them to protect the girlchild and respect women, when shameful events in Gujarat were unravelling.

As things stand, PILs have been filed in the apex court to ensure that the gross miscarriage of justice doesn't take place and people’s faith in legal system is not undermined. Let this not be an excuse to state glibly that, "The matter is subjudice. Let's wait till the court decides the matter."

Unfortunately, in many recent cases, the courts have avoided confronting the executive even when its orders blatantly fly in the face of constitutional provisions. The words, like Lakshman Rekha not to be crossed by judicial activists, lest they be accused of 'overreach', has made the Benches in higher judiciary extra-cautious.

As usual, whenever the battle lines are drawn, the Congress mounts a farcical sideshow of its own. The steady stream of 'senior' leaders jumping the sinking ship continues. The amazing thing is that the badly leaking, tilting wreck refuses to sink once and for all and let us focus on more significant matters. No one is interested in what happens to members of the Nehru-Gandhi clan as and when the National Herald case gathers real steam; the government in power is playing a cat-and-mouse game with the prime accused to keep them off guard till the coup de grace is delivered. Till then the loyalists -- bhakts of another hue -- can try to convince their compatriots that every one has a right to privacy, travel abroad at will for a medical checkup, family reunion or a well-deserved holiday after hard (albeit invisible) work.

It isn't as if all is lost. There was this crushing response to an ill-prepared TV anchor by Tamil Nadu Finance Minister that not only put him in his place, but also set the record straight about relative performance of non-BJP-ruled states and the Centre's much-touted achievements. This was followed by a searing performance by Omar Abdullah, who roasted another smug anchor with facts and figures, leaving her tongue-tied.

Bullying and bulldozing (literally) can't solve all problems. Selective application of bail law can only exacerbate the discontent. Vulgar abuse and hate speech run the risk of rebounding. See the case of one Shrikant Tyagi, and a woman lawyer assaulting security guards in an upmarket residential society in NCR. Political patronage and pelf aren't protection enough, at least in some cases. The worms are beginning to turn.

Pushpesh Pant is a former professor, Jawaharlal Nehru University. He can be reached at pushpeshpant@gmail.com.

Related Stories

No stories found.

X
The New Indian Express
www.newindianexpress.com