The silent trauma of rape

APROPOS of Aradhika Sekhon’s write-up on the heinous crime of rape (March 13), the harrowing tales narrated by the author make one’s head hang in shame. The victims are generally the underprivileged. The enormity of these crimes has increased with even the custodians of law quite often turning predators.

It is a sad commentary on our legal system that despite the heinous nature of the offence, rape is one crime in which the law has so far remained unfair to the victim. Stringent punishment to the rapists and protection of the victim from the glare of the media are necessary. There is also a proposal that only woman judges should handle charges of rape.

Moreover, the accused should be deemed guilty unless he is able to prove his innocence. The principle that nobody is guilty unless his offence is established should be reversed in a rape case. Shifting the onus of proof on the accused will appreciably bring down the number of such cases.

The Law Commission in one of its reports suggests amendment of the Evidence Act and the Criminal Procedure Act to deter such offences. It should be the responsibility of the accused to prove that sexual intercourse took place with the consent of the woman.

It is imperative that there be a separate section on child rape and child sexual abuse. The cases need to be decided quickly so that the victim does not feel harassed by the long trial. For this there must be separate courts for all cases of crime against women. The accused should not be acquitted on flimsy grounds. If the victim is charging the accused of rape and there is enough medical evidence corroborating rape, that should be enough for acceptance in the law. Rape should be a non-bailable offence, the rider which was there for TADA, should also be part of the rape law.

But for all this, a fundamental change in the country’s jurisprudence is needed. The courts need to deviate from their traditional role of interpreting the statutory provisions too rigidly. They must mould and evolve the law so as to make it more senstitive and responsive to the demands of the time.

K.M. VASHISHT
Mansa

II

A victim of rape goes through a traumatic shock. But where the adult rapist is a close relative or even a parent, this event becomes more dehumanised.

By and large people are impulsively impelled to see that the rapist should be severely punished. Concern for the victim recedes to the background. More energy is spent in advocating severe punishment for offenders than in helping the rape victims. The help must come in the form of a support system which should provide counselling facilities, legal action, sex education, etc. This does not mean that the rapist should be dealt with mildly.

P. L. SETHI
Patiala

III

Why are crimes increasing? In ancient times, people followed dharma or a self-imposed code of conduct both in private as well as social life. People had a strong conscience and did not need any external fear of punishment by their rulers. Home Minister L.K. Advani rightly observed a few days ago at a function organised by Jains in Delhi, that dharma was being ousted in the name of secularism. All over the world, scholars are attracted by the unique teachings of our dharma, but sadly enough it has been condemned by our secular rulers all these 51 years, and it has no place in our education. Our mediums of mass communication, specially television and films, are doling out programmes related to sex and violence.

The law enforcing agencies too are part of this degraded society. They have also become insensitive to crimes, and some of them even join hands with criminals. All this increases crime and sufferings of people, particularly women.

ANAND PRAKASH
Chandigarh

Giving direction to youth

In the article "youth is as youth would be" (March 6), Nonika Singh has touched upon a very important issue. By blaming all ills of society on the fresh blood, the older generation is trying to escape its responsibilities. If youngsters today are on a lost ground, it is because they are not given the right direction. These men and women do not know whether to stick to the past or adopt a modern outlook.

The ills of our society can be blamed to some extent on the all-round commercialisation, but a bigger culprit is the lack of communication between family members. Here the role of parents and the family becomes pertinent. To give a positive shape to children, it is essential that a kitty-loving mother and a club-going father start playing their real roles. They must spend time with their children so that the family life is shared, not shattered. Every family needs to spend qualitative time together. But for this we have to begin at the beginning.

We have to start with understanding the needs of the child. Parents and teachers should realise that child seeks physical, emotional, psychological and intellectual fulfilment. This helps a child grow into a normal adult who is naturally happy. If these needs are ignored, the child may become unstable, irritable, restless, mischievous. Secondly, even the growth gets thwarted, stunted or crippled.

We are having more and more changes around us, in the field of science and technology, social evolution, political affairs etc. With the world moving at a faster pace, the stress on individual and on society at large is going to be higher. It’s time our society gave a serious thought to what is the aim of individual and society so that the youth is given a proper purpose in life and the strength to achieve higher and better standards of existence.

UMA ARORA
Amritsar

Rehabilitation of prostitutes

In the acticle "Let all prostitutes be rehabilitated" (March 6), Reeta Sharma has rendered yeoman service to society. Prostitution has been the oldest profession the world over. Why? Poverty is at the root of it all. Even in a developed and educated country like England, prostitution is permitted though a woman can operate from her home and not from a brothel as in other countries.

What was the much touted devadasi system? Devadasis were the prerogative of temple priests and their rich donors alone. They were treated as "sacred prostitutes" only to be touched by Brahmins and temple donors. In India, now we have big brothels in Mumbai, Calcutta and Delhi.

Our politicians (of all hues) should take up this issue of rehabilitation of prostitutes. Some kind of training, as is imparted in Gandhi Vanita Asharams, is a must for displaced — rather discarded — prostitutes and those who wish to leave this profession, as to enable them to earn a living.

Now that the Supreme Court has decided that mothers can be the natural guardians of their wards, there should be no difficulty for prostitutes to provide schooling for their wards. Schools can now no longer insist on knowing the name of the father. Still better, the government would do well to start separate residential schools for prostitutes’ children and permit mothers to see them periodically.

S. S. JAIN
Chandigarh