Ever since the tragic Nirbhaya
episode hit the headlines, reportage of child rapes (and
murders in many cases) have increased causing our blood to
curdle. A news report says that there has been an alarming
surge in child rape cases in Rajasthan in the past one
month. How can (ir)responsible men go around assaulting
innocent infants just because they are incapable of
resisting.
According to National Crime
Records Bureau data, 827 children were raped in the state in
2014 while in 2013 the number was 890. The state ranks as
the 4th topmost in rape with minors, with more than two
minors being raped every day, reaching epidemic proportions.
But worse, the offenders are not evaluated psychologically
to understand the causes and find ways to arrest or curb the
bestiality.
Close to Jaipur, one recent case
hit the headlines when a six-year-old in Sikar was gang
raped and dumped. The mother was not allowed to lodge the
complaint at the nearest police station because the crime
was committed in another police station’s jurisdiction. The
law clearly says that any police station, even if the crime
falls in another area, has to register a case and refer it
to the relevant police station rather than denying the
facility to the complainant. If it had been done, then the
action to catch the perpetrator(s) could have been launched
swiftly. Even the medical staff at a private hospital in
Sikar refused first aid care, in spite of a Supreme Court
order of 1985 which calls upon any (public or private)
medical facility to provide immediate succour to any and all
victims of criminal assault or road accidents.
One hopes that the police
station incharge who refused to entertain the complaint and
the recalcitrant medicos are penalised and an example set
for others. The poor girl is fighting for her life and was
brought to Jaipur for better treatment. The two perpetrators
were also hauled in, thanks to CCTV footage.
Even before the ink could dry on
this case, another one hit the newspapers in Sikar. A six
year old was raped and murdered by her elder sister’s 32
year old husband. Many such blood curdling cases of rape of
infants by relatives and neighbours as has been reported
across the country since long.
In a recent order involving
child rape, Justice P. S. Teji of Delhi High Court ruled:
“Child sex abuse is one of the most pervasive social
problems faced by our society. Its impact is profound
because of the sheer frequency with which it occurs and
because the trauma brought to the lives of the children who
have experienced this crime. Child sexual abuse is an
epidemic”. The case involved sodomitic rape of a
nine-year-old boy and the perpetrators tried to hush the
case by financial lure to the father of the victim. The High
Court asked the trial court to provide full protection to
the young victim to record his statement without any
pressure from his parents.
How should the society react to
such bestiality? I am reminded of a judgment by the late
Guman Mal Lodha of the Rajasthan High Court, many years ago,
who ruled that the son and mother-in-law of a dowry victim
to be hanged in public for their heinous crime. The apex
court stayed the order because it did not sit well in a
civilised society. But are these perpetrators civilised? A
minimum sentence of life (extending to the whole of the
convict’s life) should be laid down as the punishment for
child rape, with an option for death penalty.
Dealing with this menace would
require not just a more responsive, vigilant and engaged law
enforcement agency but a proactive, alert and self-helping
civil society. Efforts must be made by the parents, schools,
civil society, and government agencies to make the children
aware about the unacceptable behaviour they might face,
actions they can take and encourage them to speak up about
them. Perpetrators of such crimes should not be spared from
naming and shaming in the public. A standard toll free
number must be created for reporting such incidents.
The victims of child rapes, bear
a heightened risk of developing psychological problems for
the rest of their lives. Further, such children also face
social stigma and discrimination which makes it harder for
them to recover. Hence, a criminal penalty is not sufficient
remedy in such cases, a provision for monetary compensation
must also be provided for tending to child’s health, safety
and educational needs.
It is the children from
economically disadvantaged sections of the society – like
slum dwellers, street children, construction workers and
other poorer lot – that are the most vulnerable to rapes and
sexual abuse. To help them, the Government should take steps
like setting up rehabilitation centres for attending to
their health, safety, educational needs. The rehab process
should also be long term, culminating in skill development
and monetary help for employability or self-employment at
adulthood.
Let me end with the Sikar’s six
year old’s mother anguished cry, that the perpetrators be
hanged.
Secretary General, CUTS
International. Sonal Sharma contributed..
This news can
also be viewed at:
epaper.dnaindia.com
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