Abid Akhoon
Srinagar, April 04: Rape is a grave crime as its consequences extend beyond the actual commission, often lasting for the rest of the life of a woman. The social stigma associated with rape renders a raped woman unmarriageable, deprived of respect in the society and traumatized for the rest of her life. In some cases women become unacceptable even to their own families. The necessity to bring the perpetrators of rapes in Kashmir to justice can be understood from the fact that parties to conflict often rape as a tactic of war and terrorism. Women suffer in both differing and complex forms. They suffer directly by being subject to rape, molestation and torture and others whose relations are subject to atrocities suffer because of being related to them. It therefore becomes imperative to try and analyse the impact that the past 25 years of conflict have had on Kashmiri women.
As per the report by NGO “Medicins Sans Frontierers”, rape, outrage of modesty and other forms of violence against women in the last 25 years have been used a weapon of war in Kashmir. It says that 11.6 percent of women said that they have been victims of sexual violence. The fact that rape has been systematically committed against Kashmiri women and that justice has not been delivered in these cases makes rape in Kashmir eligible for an appropriate legal response at the international level.
In last 25 years, rape, murder, torture have witnessed an upsurge, but the response of the state in addressing these atrocities doesn’t promise hope for justice.
There are number of such incidents that took place in last 25 years. One of the most heinous crime against minor girl was witnessed in north Kashmir’s Kupwara district where four men gangraped and then murdered an 8th class student.
Eight years after the brutal rape and murder of 13 year old school girl Tabinda Gani in Kupwara, a local court in Jammu and Kashmir has awarded death sentence for all the four convicts. District and Sessions Judge of Kupwara, announced the judgment on Friday.
An 8th grade student, Tabinda Gani was abducted, raped and brutally murdered by four men in 2007 in Kashmir’s Kupwara district. The family of the victim were demanding nothing less than capital punishment for the convicts. These convicts include Sadiq Mir, Azhar Ahmad Mir who are residents of Langate along with two non-locals – Mochi Jahangir Ansari of West Bengal and Suresh Kumar of Rajasthan.
As per the judgment, the convicts are sent in Central Jail, Srinagar to serve the sentences imposed on them and their file is to be submitted to the High Court for confirmation of the death penalty.
“Though the court announced its judgment after long eight years trial, but our wounds have been healed with this judgment”, the victim’s father said. Emotional scenes were seen in the court as relatives heard the judgment.
Pertinently, the state government has already instituted bravery award in her memory in 2012 to recognise the acts of bravery of children.
The judge who pronounced the verdict said “I am of the opinion that the case of the convicts falls within the rarest of rare category. The points raised by learned counsel for awarding of punishment of ‘imprisonment for life’ are devoid of merit. The defense cannot withstand the touch stones of law laid down by the Supreme Court. In the instant case, death sentence is warranted for the office of murder and there is no alternative than to award death sentence for offence of murder for the offence under section 303/34 of RPC.” The Court said after considering the facts and circumstances of the case and going through pros and cons and balancing the mitigating and aggravating circumstances, it is “of the opinion that convicts are a menace to the society. When they have shown no sympathy to the helpless minor girl who was yet reading in her middle class and to conceal their evil deeds, they have restored to drastic and extreme brutal acts which has resulted in depriving life of the minor who was helpless and innocent, these type of acts committed by convicts are bound to arose social wrath.”
There is a question of prime importance which must awake the conscience of all members of the society is “why members of fair sex are being subjected to such inhuman and brutal treatment.”
“The question must make all of us ponder over ‘why is it so happening!’. In spite of awareness regarding the rights of women or rights of children, the crimes against women and children are on increase. Why? No doubt we have progressed in education and literacy rate has gone up. With increase in literacy rate, the crime rate against women and children should have declined. But unfortunately, it is opposite.”
Some basic thing is lacking. We as a society have to give serious thought to it and stigmatize crime. The crime is to be looked not only as crime against an individual but against the society. Today one person or one family may be affected by the crime but if it remains unchecked, tomorrow it will be our turn. Every section of society has to play a role. No doubt financially or in terms of literacy rate, we have gone up but we have lost our values. The values need to be regenerated. Our education system has to give serious thought for imbibing the value-oriented education. Education without values has been rightly called to be a candle in the hands of a thief.
In present days when the crime against women especially minor girls is on increase, the court has a duty to give stern warning and message to such criminal-minded people. . The punishment has a purpose to achieve and one of the main purposes is that the others who may have a tendency to commit such crimes may get stern warning by observing what type of punishment has been awarded to those who have committed such offences. We are passing through a time where values have been lost. A woman who was to be treated as mother, sister, daughter, grandmother is nowadays being looked as object for satisfying carnal desires by the persons having criminal mindset or tendency. Stern warning or message needs to be sent to them by the court by awarding appropriate punishment
The voice of people is the voice of God. In New Delhi when the civil society rose against Nirbhaya gang rape and murder case, not only the administration including the police but the whole political class was shaken and the response was in the form of legislative amendments and setting up of fast track courts for trying sexual offences. Time has come for all of us to rise to the occasion, search for values whether in homes, educational institutions, in work places, offices or on roads, in transport system and public places.