It appears to be the season of rape if news paper reports are to be believed. In the run up to Christmas and New Year, several cases of rape and crime against women and children were reported from across Nagaland. All this once again raises our concern about the failure of the present system to address the grave injustice done to a majority of rape victims. We have hear of how such cases of rape have been disposed off against payment of some few thousand bucks and the accused let off. As per our understanding the minimum sentence for rape is seven years. Even the so called Child Welfare Committee (CWC) which has been set up under the Juvenile Justice (Care & Protection of Children) (Amendment) Act, 2006 appears to be ineffective when it comes to actual cases of rape.
Now the point to be noted is that, it is now becoming obvious that the present system of dispensing justice both traditional and modern is ill equipped. This column has already suggested several times on the need for all concerned to sit down and work on a deterrent plan of action to deal with rape cases.
This debate over modern criminal laws versus customary laws is taking us nowhere. Both have failed to deter or give due justice in favour of the victim, usually the voiceless and powerless also the poor and weaker section of our society. A recent opinion poll in the Morung Express posed the question on whether Nagaland needed a separate legislation to address Rape cases. While 38% favoured such legislation not surprisingly 39% said no—i.e. favouring the status quo. While the merit or otherwise of having a separate legislation can be discussed at length, the conclusion that can be drawn is that the present legal system is too slow and the customary law inadequate. We need a more stringent, simple to follow and effective tool (or legislation) if we are at all serious about getting rid of the menace of rape from the society. The point is how we deter potential rapists from committing this horrific act. We should look for a solution within ourselves. Someone will have to take the initiative to stop all the talking and come out with a concrete action plan or even a model law specifically dealing with rape. Failure to act on our part will only encourage lawlessness in which impunity prevails.
