Rape that shocked Kerala

Protest in Thiruvananthapuram over rape and murder of law student at Perumbavoor

The brutal rape and murder of the law student in her home by an unknown person comes as a warning to literate Kerala.

Many had not thought that incidents like that in Delhi could visit Kerala though there was a previous incident of a girl being pushed out of train and raped on the tracks while she lay bleeding and died.

“The distance from Perumbavoor to our homes is less than that from Delhi to Perumbavoor,” said a facebook post demanding justice for the victim. The same fear was expressed by people who attended protest gatherings before the Secretariat in Thiruvananthapuram on Wednesday.

In fact, two other dalit girls too had been raped recently— one before the Perumbavoor incident at Attingal and another on Wednesday at Varkala, in Thiruvananthapuram district. There were two other reports include rape a minor by her father.

There are complaints that the police did not undertake a proper investigation of the Perumbavoor case until the issue gained attention in the social media and the post mortem report came out describing 38 injuries suffered by the victim.  Questions have also been raised on whether the post mortem was done properly. As the protests grew putting even the government, which is facing an election, in the dock, the police swung into action. They have deployed around 80 policemen for the investigation and taken several people into custody.

Yet another human rights issue may soon arise if the police keep them in custody for more than 24 hours, for there is no confirmation that any of them is the culprit.

As campaign for Assembly elections are going on, the issue is receiving wide traction. The Opposition leaders are blaming police for delay in the investigations.  “It seems that the police are interested only in saving their political masters from corruption charges,” Leader of the Opposition in the Assembly V. S. Achuthanandan told an election convention in Thiruvananthapuram.

Kerala Home Minister Ramesh Chennithala and Chief Minister Oommen Chandy reacted quickly. They visited the home of the victim, a single room house on ‘puramboke’ land. Mr. Chandy also called on her mother who is in hospital, but was met with protests from activists of Democratic Youth Federation of India and Social Democratic Party of India.

Mr. Achuthanandan too visited the mother who was away from her house to seek help to build a new house when her daughter was brutalised. “This kind of brutalities will occur when an inept Chief Minister is ruling the State,” he told the media after the visit.

It may be recalled that Mr. Achuthanandan had come to power in 2006 promising that rapists would be handcuffed. But nothing like that happened, his critics point out.

Mr. Chandy said that the culprit would be brought to book. ”None should politicise the issue. Investigations are progressing.”

If the clamour after the Nirbhaya incident in Delhi was for tightening of the laws and increasing of the severity of punishment for rape, that kind of discussion is no more heard in Kerala. Apparently, people have realised that legislative measures have not helped. However, the demand for retributive justice has only gone up. Several people who participated in a phone-in television programme were heard demanding that the culprit should be delivered to the public for them to punish him “properly”.  A few actors also raised similar demands. If such clamour gains ground, it could undermine the rule of law. A few days ago, people had acted against a migrant worker who died after the local people left him on the road with his hands and legs tied.

But, one of the protesters before the Secretariat lamented that none of those who were speaking at the protest meetings of the social media were proposing solutions.  “If the victim was housed in a better environment, the people around there would have reacted and saved her,”  he (S. Jeevan) said.

But, Seeta Dasan, who is from a fisherman family, stressed that the main issue was not whether your homes are secure. “The issue stems from the fact that you are a woman.”

Perhaps, sociologists and criminologists will have to delve into the issue and find out what is wrong with the society. Still, the solutions seem to be far off as traditional values have taken a beating and new ones had not been found to cope with new environments created by the entertainment media, the Internet, new work places and changing social milieu.

 

Preventive detection, rule of law and human rights

The government is planning to amend the Anti-social Activities (Prevention) Act to enhance period for preventive detention of goondas from six months to one year. This is a measure intended to douse public anger over the free reign of quotation gangs and political murders. It does not address the real issue.

The real issue is that the conviction rate of goondas is not very high and that they manage to get bail and paroles easily. This happens because of their liaison with politicians and police officials.  Kodi Suni, who is accused in the T. P. Chandrasekharan murder case, for example, is accused in more than two dozen criminal cases. How come people like him could freely roam around and engage in criminal activities including murders.  This is not because we did not have stringent laws. Note the trouble the Italian marines had in getting bail and the conditions attached to the bail.  In case of hardened criminals, the bail conditions will be stringent. They manage to undermine the system because of the assistance they are getting from politicians and police officials.

What the government is trying now to hoodwink the public into thinking that the government is acting against the quotation gangs and criminals. But what the law will achieve is to help the administration to hold goondas in jail for a little longer, that is, till the public anger would subside. They would be out of jail after another six months as the cases against them may not lead to convictions. Given the condition of jail administration, they would also be able to plan criminal activities including murders from within jail. If at all they are convicted, governments would release them from jail after some years.  Even an accused in despicable murders like that of K. T. Jayakrishnan had been released after eight years while several others who participated in the murder had not been arrested.

On the other hand, the Act has the potential to be misused.  Measures like preventive detection itself are a human rights violation in most circumstances. When preventive detections become routine, one cannot say it the rule of the law.

Proscribing adolescent sex by law

If I recall correctly, it was Erskin May who had said something like that no law could be enforced that the majority is unwilling to obey.

To some extent, the Protection of Children from Sexual Offences Bill 2011, passed by the Indian Parliament, falls into this category. The Bill seeks to make even consensual sexual contact with a girl under 18 a criminal offence. This law is proposed to be enforced when 30 per cent of the girls in India aged between 15 and 19 are married off. According to a report of a survey conducted by UNICEF between 2000-2010, 22 to 24 per cent of women in India became mothers before attaining adulthood. About eight per cent of the adolescents had sex before the age of 15.

The law is proposing to proscribe all this. How effectively this can be done is a moot question. However, the more serious implication of the law is that it seeks to make sex between consenting adolescents a crime. Young boys could be hauled up for having a consensual sex with their girl friends. This can often turn into police officials terrorizing boys dating or even talking to a girl, given the nature of law enforcement authorities in the country. The girl too could be under risk under such situations.  It could also lead to corruption rather than protection of girls, as the punishment could be jail for three years or more. Even eve teasing that could be termed as sexual harassment and would attract up to three years of jail.

The Bill seeks to make sexual offences against girls by those in authority an aggravated crime attracting longer terms of imprisonment. This is a welcome measure. The law should also discriminate between those committing organised crimes against girls or men aged above 21 exploiting girls and consensual teen age or adolescent sex. Actions resulting from the love or even lust by adolescents should not be penalised. What are needed here is guidance and sex education and not a law proscribing sex.

Details of the Bill