Justice Markandey Katju delves into the complex issue of rape in India, critiquing the superficial media and political responses. Justice Katju explores the social stigma surrounding rape, the limitations of legal frameworks like Vishaka vs State of Rajasthan, and the impact of high unemployment on crime rates. He argues that addressing deeper systemic issues such as poverty, unemployment, and inadequate healthcare is crucial for meaningful change. Read Justice Katju’s insightful analysis on how to tackle the root causes of sexual violence in India.
The issue of rape
By Justice Markandey Katju
These days in India rape is the hot topic being discussed. It is being discussed in the media, which is always trying to find some 'mirch masala' ( sensational news ) for raising its TRP points or circulation, in symposia conducted by our brave 'intellectuals', in University and college campuses, in the Supreme Court, and of course by our great politicians who are always on the lookout for some 'mudda' ( topic ) to rave and scream about, and score brownie points over their political opponents.
And why should President Draupadi Murmu be left behind and not join the fray of those whose hearts are bleeding for the victims ?
Enough is enough, said President Murmu, almost echoing the words of the Chief Justice of India, Chandrachud, who said that the nation cannot wait for another rape for things to change.
Bravo President Murmu ! Bravo CJI Chandrachud ! Bravo our politicians and our media! That's the way to go. With such steely resolutions and Winston Churchill-type fiery and defiant speeches (We will fight on the beaches, we will fight on the landing grounds, etc etc) from all sections of society in India, rape should soon become obsolete, a thing of the past, like smallpox, dodos, dinosaurs or other extinct creatures.
But there are several points which still trouble me :
(1) India is such a huge country with such a huge population of 1.4 billion people that one must ask: where are the resources for constituting such a huge police force to prevent such crimes? How much funds will be required for this? Does a poor country like India have such funds? And knowing our police, will it not give them another handle to extort money from innocent people who are falsely accused ?
(2) Most rapes in India go unreported. This is because a woman/girl known to have been raped carries a social stigma. If unmarried, she may have difficulty in getting married. Also, if a trial is held, the judge may give a finding that the sexual act was consensual. What face can she then show to society ?.
(3) In Vishaka vs State of Rajasthan the Supreme Court framed guidelines to protect women in their workplace from sexual harassment, and later this was replaced by a parliamentary enactment. However it is doubtful whether this had any effect, and indeed the recent rape-cum-murder of a lady doctor in Kolkata ( over which all the present hue and cry has arisen ) proves otherwise.
(4) Apart from the above, it must be mentioned that sex is a natural urge in young men.
It is sometimes said that after food, the next requirement is sex. In conservative Indian society, most men get sex only through marriage. But no girl will marry an unemployed man. In view of the surge in unemployment in the country which has risen to record levels; many young men are being deprived of legal sex, hence they will seek sex illegally. I am not justifying rape, but only saying it is inevitable as long as there is high unemployment.
The population of undivided India before 1947 was about 42 crores. Today India alone has about 144 crore people, which means there has been an over fourfold increase in population. But the job increase has been far less than fourfold. In fact, it is believed that in June 2020 alone, 12 crore Indians lost their jobs.
12 million Indian youth are entering the job market every year, but only half a million jobs are created annually in the organised sector of our economy. If a single class 4 job is advertised by the government, there are usually thousands of applicants, some of them holding PhD, M.Sc, MBA or engineering degrees.
This being the job situation in India, will there not be an increase in rapes?
If we really want to end or reduce rapes we have to create a social and economic system in India in which there is no or little unemployment.
I do not say that married men do not commit rape, but the incidence would be far lower
5. Is rape the only issue facing India? Are poverty, unemployment, child malnutrition ( every second Indian child is malnourished, according to the Global Hunger Index ), lack of proper healthcare and good education, and skyrocketing prices of essential commodities like food, fuel and medicines, no issues?
To my mind, they are more important issues than rape, but no one is talking about them, not the President of India, not the CJI, not the media, nor our so-called 'intellectuals'.
This motivated me to write this article :
(Justice Katju is a retired judge of the Supreme Court of India. These are his personal views.)
