The brutal rape which had taken place in Delhi is not a shame only for Delhi or for central government rather it’s a blemish on every citizen of India and the responsibility must be shared though share of Delhi government is greater but we cannot attribute total liability to them.

As citizen of a great country which experienced civilization first, where our great ancestors emphasized on the piousness and sacredness of women, they gave us in inheritance “ yatra naryastu pujyante ramnte tatra devta “ which means where women’s are respected god resides there.

We as Indians must ask these questions to ourselves whether we have forgotten all those things. Those precious values which we have inherited, have we abandoned all those values? And is this the same India which was called heaven by foreigners? These questions are of paramount importance.

One thing we must understand that those criminals who have committed this abominable and heinous crime are neither from an alien land and nor they were born rapist and we cannot say that society has not contributed in making them rapist. Thus our attempts should be towards stopping future rapist which will be generated by society not towards eliminating present through capital punishment.

Thus whole point which I am trying to make is that we must find out root causes of this abominable crime and when I observed the reasons which are discussed widely in news channels and news papers I found that according to media these are the reasons for increasing number of rape cases in India.

● Indian Penal code does not prescribe death penalty for Rape.

● Judicial system is lazy and time consuming.

● Police department is inactive.

● Delhi Government is not taking adequate measures for the safety of women’s.

While I observed them carefully I found that all these reasons denote very shallow and narrow understanding of the problem.

1. Indian Penal code does not prescribe death penalty for Rape:

Whenever a rape incident takes place the first demand is to make rapist liable for capital punishment. First of all we must analyze whether this would be a good remedy or whether it would be a remedy?

There are 7 crimes for which death sentence is accorded in the Indian Penal Code the famous one being murder after going through statistics of these crimes one can easily find out that despite having capital punishment for these crimes we have not been able to curb these crimes rather they are increasing. Murders we all know have increased at a rapid speed. Thus we must ask what purpose death sentence has served? It seems to me that it has served no purpose and death sentence had been utterly incapable in deterring a person from committing crime.

Thus we can easily say that having death sentence in these crimes have been a futile attempt to curb the crimes.

With regard to rape if we adopt death sentence for rape it appears to me that it will be as futile as it had been for other crimes.

Though I believe that a hyper sexed homosapien cannot be rehabilitated by harsh punishment but that does not mean that we should kill rapists.

Rapes are increasing not only in India but also in countries where strict Shariat law is in force, this clearly suggest that death sentence is not a potent reply to rape and It might result in rapist also murdering the women because he is aware that death sentence will be accorded to him.

Thus demanding death sentence for rape is demanding for a premature, inefficient, impractical and futile remedy which will not serve the purpose.

2. Judicial system is lazy and time consuming:

Judiciary is one of those few organs of state which are working properly and efficiently for the welfare of the people. Why can’t people see the dilemma of judiciary? At one end it has to provide speedy justice to the victims on the other end it has to respect the rights of accused which are given by the constitution of India.

At one end we boasts off that we are a country where law is supreme and thus we believe in the policy of rule of law on the other end we demand public execution of rapist.

Thus we must understand that we do not live in a banana republic, we are world’s largest democracy, and we have bulkiest constitution of the world, all these indicates that criminals also have same rights and due process will be followed with them it has been guaranteed by the constitution of India.

Judicial process consumes time and that is inevitable, judges are also human being they are not gods who can see what’s in the person’s heart and decide whether he is guilty or not?

Arriving on a judgment is the final outcome of a long process and this final outcome is achieved only after going through evidences and hearings and thus it is bound to consume time therefore this unnecessary criticism of judiciary seems inappropriate to me.

3. Police department is inactive:

Police is one of those departments which works 24x7x12, on festivals when we all celebrate and observe holidays they are on duty, during riots they are on duty, during elections they are on duty, when there is a protest they are on duty, when there is a peace they have duty of maintaining it, when there is disturbance they have duty of restoring the peace. Tell me one instance when they do not have duty? By arguing this I am not saying that police department is ideal or that police department cannot commit mistakes but the point I am trying to make is that see the amount of work they are doing and see the efforts which they are putting in, one may argue that in the present case police has failed since those criminals were raping the girl on the streets of Delhi but what can police do when father is raping his daughter, what can police do when relatives are sexually harassing the girls and when relatives and friends of victim’s family are becoming rapist and the number of this type of cases is much greater than the rape by unknown persons.

We have to accept the fact that we can’t have a police man with every girl or woman, and no country can have that, many times rape cases are not even being taken to the police and in those cases police can’t do anything.

All 6 accused of Delhi rape case were arrested within 24 hours this itself is evidence of the fact that police department is working tirelessly and is not inefficient and inactive.

4. Delhi Government is not taking adequate measures for the safety of women’s:

Delhi government is also being severely criticized to an extent as if all rape incidents are taking place only in Delhi or that all other state except Delhi are the safest place for women’s, going by statistics most number of rapes are taking place in Madhya Pradesh but it’s very unreasonable to assume that MP government is not working for the safety of women’s as I have said earlier that a limited share of responsibility can be attributed to the government.

Let me point out some measures which Delhi government had taken for the safety of woman even before this rape case these are Separate coaches in metro, separate DTC buses for women’s and many more.

Thus repeating the same chant that this government or that government is not working properly will not solve this problem. We need a concrete solution of this problem and certainly any government is not a problem.

All these reasons given above appear to me shallow, insufficient, unreasonable and to an extent foolish and all these points out towards the actions which we should take after the rape had taken place.

I don’t think that we will be doing justice with that girl by executing her culprit but justice will only be done with her and with all other women’s of this country when we will stop future rapes.

Thus the point which I am trying to make is that rather than thinking on what we should do with the rapist? we should seriously think about how we can stop people from becoming rapist?

Following steps seems reasonable to me for curbing future rapes:

● Section 509 of IPC should be amended and it must be made non- bail able and at the same time punishment under this section be made more severe.

Right now this section provides punishment which may extend to one year or with fine or both. This should be changed to one year imprisonment which may extend five years and fine or both. If we really want to deter future rapist than this is where we can deter them by punishing them at this primary stage.

● Prank calls which troubles women’s a lot with regard to those prank calls legislation must be made which should delegate powers on police to take immediate action. And it must be mandatory on police to arrest those prank callers within 72 hours on a complaint being registered by a women.

If we take serious actions on such crimes of lesser magnitude then only it will send the right message to future rapists and then only we would be able to curb such heinous crimes.

● Third solution is not purely legal rather it is a socio-legal solution, a team of female police officers be formed in every district which will exclusively deal with problems of women. As we have a S.P. squad we should form a women’s squad. And the task of this squad will not only to take action on complaints of women’s but also to abridge the communication gap between police and women’s.

● There must be inserted an altogether new section in IPC which should deal with attempt to rape and this must also be severely punished.

● Fifth solution is in dire need of implementation, we all know that almost in every city and also in villages there exist an area which is called red light area for e.g. – GB Road in Delhi. Many people go there but they are troubled by police not for any reason but fo bribe. When we all (including government) know that prostitution is taking place why we are not legalizing it by doing so we will not only give legal status to their job but we can generate revenue from them which can be used for the welfare of that strata of society.

At the same time those hyper sexed homosapiens who are driven by lust will get a place to exhaust their lust and in this way we will be able to curb future rape cases.