Two recent incidents, both reported from the Northeast, related to rape, once again raises our concern about the failure of the present system to address the grave injustice done to a majority of rape victims. In the first case a 13 year old girl working as a domestic help in a Guwahati household was allegedly raped for more than a month by her employer. When a leading television news channel followed the story, there were more shocking revelations. After Childline, an emergency helpline for children, took this case to the Child Welfare Committee, the case was disposed off against an amount of Rs 25,000 and the accused let off. As per our understanding the minimum sentence for rape is seven years and what is even more distressing is that the Child Welfare Committee (CWC) which has been set up under the Juvenile Justice (Care & Protection of Children) (Amendment) Act, 2006 disposed off the matter with just a fine of Rs 25,000. This is not the first time the CWC has disposed off such cases in Assam. Another case of an eight-year-old domestic help allegedly raped was settled for just Rs 1,000. It will be interesting to see how the recently constituted CWC in all the districts of Nagaland performs. Coming to the second instance as widely reported in the Morung Express, the uncle of the victim in relation to the April 11 Zunheboto rape case reportedly resolved to settle the case for a sum of Rs 25,000 with the parents of the five accused; including the main accused. This is utterly shocking.
Now the point to be noted in both cases is that no matter what may have been the ‘wisdom’ of those who resolved the cases, it is now becoming obvious that the present system of dispensing justice both traditional and modern is ill equipped. And as far as the Zunheboto rape case is concerned, the question is whether our customary laws are being misused or ineffective. It is also quite strange that the Nagaland Women Commission or for that matter the Naga Mothers Association (NMA) has chosen to remain silent. The male dominated civil society groups also not surprisingly is muted in its response although it was only very recently that the Naga Hoho had organized a consultation to address some of the pending problems such as rape, extortion etc. While Rs 25,000 is a marked improvement given that we have had rape incidents in the past which were settled for as low as even Rs 1500, what is now required is for everyone 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.
