Respected Sir,
Let me first begin to thank you for the work that your committee is doing. It is hoped that through your committee, we can end the horrific culture of rapes in our country, but also address the larger misogyny which perpetuates the cycle of violence against women.
We cannot address the problem effectively unless we first accept that there is one. We've taken the easy route a number of times in the past; instead of addressing the issue from a long term perspective. We need to first accept that our culture tolerates misogyny. No amount of cultural revisionism can hide this shameful fact. I hope that your committee understands this fact, and does not pander to the whims of some, who insist that our culture is not the problem, despite overwhelming evidence that it is.
I appreciate the enormity of the task ahead of you. Not only do you have to address the issue of rapes effectively, you also have to take into account much of the public anger. It is a fact that many believe death penalty with other "harsh" laws (from one extreme of hanging in public to execution a la Saudi Arabia) to be a solution. You have to take into account the emotional reaction of the Indian people, the issues pertaining to culture and society, the legal perspective (especially with the stand of our country with regard to the death penalty) and juggle all these issues effectively to satisfy the public, which is angry.
As my duty as a citizen of this country, I ask for your committee to take into consideration the following points:-
1. Death penalty is not a solution. It can only be a deterrent, which can be effective as a part of a wider solution to combat the menace of rape. May I remind you that only three countries have a stand against capital punishment. This suggests that internationally, the consensus is that capital punishment is inhuman. However, considering the practical aspects of having to satisfy a public which demands the death penalty, I suggest that the courts decide which falls in the rarest of the rare category, and lay down reasons for why it does. Similarly, when death penalty is not awarded, reasons be laid down for why the court believes that the case does not fall into the rarest of the rare category.
2. Fast track courts and special courts be set up, where rape cases can be disposed of as quickly as possible. The present status quo, where a victim has to wait months to even have a chargesheet against the accused, is unacceptable.
3. Laws be amended to reflect the changing times we live in. The term "outraging the modesty of a woman" is insulting. Let us call a spade a spade.
4. The police must be made to be more sensitive towards the victim. Harassing the victim in any way; by making her wait ages to register an FIR or by laying down "moral" judgements (which are the exact opposite since they are filled with misogynist sentiments) is unacceptable.
5. Making all pillars of the state sensitive to curbing this menace.
6. Combating rampant misogyny in our society by educating our children. We need to change our textbooks, go into every school (government or private) and teach the children that a man and a woman are equal; and that both can do what they want. Similarly, educate adults as to why making excuses for rapists (by suggesting that they invited this tragedy upon themselves by the dress they wore or where they were) perpetuates this cycle of violence.
7. Ask the government to draft a legislation which bars any person accused of sexual assault in any form from being eligible to hold public office. What can we teach our children when rapists sit in the hallowed halls of Parliament and make decisions on our behalf?
8. Ban Khap Panchayats. Sati used to exist in ancient times. Do we allow this today? They are an archaic, unconstitutional entity which deserves the highest condemnation.
Finally, let me say that we cannot end this menace by simply amending laws or pandering to the lowest common denominator. We need change in attitudes towards our women. We claim to be a civilized society. Let us take this opportunity to become one by ensuring equality for men and women. Otherwise, 10 years from now, a similar committee will look into the same issues and we would be walking in circles till the crows come home.
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