Insights Weekly Essay Challenge Topic – 9

Every week a topic is given to you to write an essay on it. Now, we are in Ninth week (previous topics) and the topic for this week is:

Capital Punishment and Rape Culture

 

 

You should write it today itself. Before you pen it, brainstorm on the topic, jot down all the ideas that comes to your mind, make interconnections, make a flow chart and organize all the ideas to make your essay coherent.

Finally, write it down. It will be good if you first write it on paper and then type it here.  Writing it and then typing it helps you remember everything for a long time.

  • Abhishek Kumar

    Request to please provide us some reference material for the essays you put up every week.

    It will greatly help us saving time and framing appropriate answers.
    Thank you for this initiative.
    Regards
    Abhishek

    • http://bishalism501gm.wordpress.com bishal501

      we could then enculcate our idea with the refrence material to give more apprapriate essay.

  • geetika

    request you from my side also sir…

  • NAWIN(naveen)

    HO still no one.. weekend or you wont support capital punishment?

  • https://plus.google.com/108583145843741468895 Pavitra Giri

    “”capital punishment and rape culture”

    (im going to write in hindi, because im from hindi medium, plz do not ignore it and plz insight comment on it, i really will be grateful, thank you)
    balatkaar(rape) ek aisa ghrinatmak kritya hai jo keval vyakti ke shareer hi nahin balki aatma ko bhi ghayal ker deta hai aur jeevan bhar k liye dard de jaata hai. balaatkar ki sanskrity keval vikaassheel deshon me hi nahi, jaisa ki aksar kaha jaata hai, balki vikasit deshon me bhi utni hi teji se phail rahi hai. saath hi balaatkaar ko ek bahut hi krura kritya ke roop me maana jaane laga hai to anek varga iske liye mrityudand ki maang karne lage hain. yeh haal hi me bharat me damini case me diya bhi gaya hai. aise me prashna upasthit hota hai ki mrityudand kis hud tak balaatkar ki sanskrity ko phailne se rokne me kaargar hai aur kis hud tak iska nivarnatmak prabhav (deterrent effect) ho sakta hai.
    balaatkaar ki sanskrity ke anek kaaran saamne aate hain, jaise ki purushvaadi soch, mahilaon ko apni sampatti samajhna, mahilaon ki alag va swayatta (autonomous) astitva ko nazarandaaz karna, linga-bhed (gender-inequality), shiksha ka abhav, shahari va gramin sanskrity me anter ka badhta jaana, iske liye bhumandalikaran (globalozation) ko jimmedaar thehraya ja sakta hai, jiske kaaran vikaassheel deshon ke shahari varg pashchimi sabhyata ka andhanukaran ker rahe hain, ladka va ladki ko samaan samajhne ke moolyon ka vikaas na ker paana. ataha (hence) bahut saare samajik, sanskritik, shekshik , dharmik va aarthik kaaran iske liye jimmedaar hain.
    balaatkaar ki yeh sanskrity vikasit va vikaassheel dono hi deshon me aam hoti jaa rahi hai. 2012 ke ohio rape case, bharat ke damini case ko is sandarbh me dekha jaa sakta hai. dhayatavya hai ki anek vikasit deshon me mrityudand ko band kiya ja chuka hai, vahin dusri taraf asian, african va latin america ke anek deshon me yeh jaari hai. halanki mrityudand ke virodhi ise band karne ke liye aawaz uthate rehte hain. bharat k damini rape case me yeh dekha gaya ki aaropiyon ko mrityudand dene k liye uske samarthan me aawaz uthayi gayi. prashna hai ki mrityudand se balaatkaar ki sanskrity ruk jaayegi. yadi puraane aankdon k hisaab se dekha jaaye to bharat me pehle bhi balaatkaar ke maamle me mrityodand diya gaya hai. yadi aankdon per nazar daalen to bharat me pichle 17 varshon me keval 3 phansiyan di gayi, kintu haal me iski sankhya badhi hai. vishleshan karne se pata chalta hai ki phansi ki saza ki dar (rate) badhne k baavazud balaatkaar k maamle badhe hain. is prakar mrityudand koi nivarak prabhav paida nahi ker raha hai, log isse darker jurm karne se peeche nahi hat rahe hain.
    saath hi mrityudand diye jaane ka prabhav yeh hoga ki apraadhi peedit ko zinda hi nahi chhodega taaki veh gavahi na de sake, is prakar hatya ke maamle badhenge. yadi mrityudand band ker chuke deshon ka record dekhen to wahan balaatkaar band bhale hi na hua ho per bharat jaise deshon jitna aam nahi hai. isse mrityudand ko band karne k paksha me hi rai (opinion) kaayam hoti hai.
    bharat jaise deshon me hamen shiksha ka vikaas karna chahiye, shiksha ko naitik moolyon se bharpoor banana chahiye aur un moolyon ko bachchon tak pahunchana bhi chayiye. saath hi gareeb va ameer ki aarthik khai (drift) ko bhi bharne ki avashyakta hai, taaki vanchana (deprivation) ki bhavana se mukt hua jaa sake aur kunthit manovritti ko badhne se roka ja sake. ghar me bhi maata pita ko aarambh se hi bachchon ko ladka aur ladki saman hone ehsaas karana chahiye, school me bhi bahut hi garimapurna aur samvedansheel tareeke se sharirik shiksha (physical education) ke intazaam kiye jaane chahiye.
    jab tak in tareeko k liye zameen taiyyar ki jaaye aur inhen kaargar kiya jaaye tab tak asthayi roop se mrityudand ko banaye rakha ja sakta hai kintu is vichaar ke saath ki yeh ekmatra upay nahi hai, hamein to balaatkar ki sanskrity k mool karano per chot karni hai jo smajik-aarthik-sanskritik moolyon me chhupe hain.

    • parvind

      Aapne bahut achha likha hai. Sabse badi chiz jo aap bhul gaye is lekh mein –
      nyayik sudhar – balatkar ke mamle mein doshyoin ko saza jald se jald hona chahiye. Tabhi jakar vyakti ke man mein apradh karne ke prati bhay utpann hoga.
      Mrityu Dand ko Balatkar rokene ke sthayi samadhan ke roop me nahi liya ja saktka.

      • https://plus.google.com/108583145843741468895 Pavitra Giri

        aapka dhanyavaad, mujhe ummed nahi thi ki mere is nibandh ko koi padhega, aapke sujhav per mein gaur karungi, phir se shukriya.

        • https://plus.google.com/108583145843741468895 Pavitra Giri

          insight please mere nibandh per comment kijiye kyunki kahin na kahin mein bahut confuse thi is topic ko lekar

          • http://insightsonindia.com INSIGHTS

            Pavitra,

            I read your essay two times. The flow and thoughts is very good. The points you have mentioned in second last paragraph are important and you would have mentioned them initially and elaborated on them (influence of family, school, parents etc)

            The dilemma about death sentence should have been emphasized more. You could have taken a firm stand also. There are examples to prove for and against death sentence. You could have elaborated and dwelt on them.

            You can add depth by interconnecting various ideas. For example, take the phrase ‘Rape Culture’ – you can define it in the Indian context, may argue against or for the use of this phrase, its effect on popular culture, or influence of popular culture on rape culture, etc..

            Then, about capital punishment. Few lines on philosophical debates on its effectiveness, examples from around the world, right of the state, etc

            Then, you can analyze about Rape, its ghastliness, effect on the victim, her family and society. Then connect it with capital punishment.

            Your essay is simple and good. You can do lot better. :-)

            • https://plus.google.com/108583145843741468895 Pavitra Giri

              thanku insight sir,
              mujhe problem isi baat me aa rahi thi ki context world ka lena hai ya keval india ka, saath me capital punishment ka topic philosophy me maine padha hai, mera subject philosophy hi hai, but maine isiliye usse help nahi li kyunki log bolte hain ki essay simple language me hona chahiye aur kisi subject ka touch nahi aana chahiye to isi baare me confusion yhi.

              • ashutosh kumar

                really a great effort in Hindi…

                good and fine essay..

    • Bindu

      I really like the contents of your essay Pavitra.

  • vipul

    Capital punishment & rape culture

    Rape, sexual assault, eve teasing, acid attacks etc. are some of the most evident & discussed crimes perpetrated against the women. Rape is the ravishment of woman without her consent or against her will with force, fear, fraud. 16 December 2012 in India, a young college girl was physically & sexually assaulted (read rape) by a gang of 5 boys in a moving bus in the national capital. Gang later tried to crush her & her friend who was also physically assaulted, under the bus. Rape Victim succumbed to injuries two weeks later. This incident raised the public outcry about government failure to provide the safe environment for women in the country. Several protest movements joined by youths & civil society members erupted in several parts of the country, demanding to hang the convicts. These demands were echoed by the several politicians, celebrities & intellectuals in the country. Nearly 9 months after the crime, Delhi court has awarded the death penalty to the 4 culprits siting the incident as rarest of rare case while 1 convict being juvenile is been awarded 3 years punishment. Public at large has now welcomed the verdict though some people still asking for capital punishment for the Juvenile among the accused. Many of us have got the emotional comfort with the verdict. But some basic questions still remain. Whether the Death penalty will prove an effective deterrent against the rape or not? Is death penalty the only way to deter people from committing such crimes? Is it moral to indulge in barbarism to revenge the barbarism?

    Rapes are the most under reported, frequently committed crimes against women in India. As per national crime records bureau, every 20 minutes a new rape case in reported in India, leave alone the thousands of unreported case. If we go by the report, in almost 90 % of the cases, accused is known to victim. That implies that in 90 % of the rape cases, accused are uncle, cousins, father, brother & neighbors of the victim. Under such circumstances, victim will face tremendous family/society pressure, even reporting the crime knowing that culprits might be hanged. At the same time, accused might even try to kill the victim to remove all the evidences. Capital punishment in this way, may either lead to under reporting of crime or murder of victim in the hands of accused.
    Rape has several aspects & biases linked to it that makes solution to this malaise even more complex. Rapes may evoke less intense response or sometime no response at all ,depending on the circumstances. For ex: Committing a rape to extract the terrorist information on planned attack might be acceptable to majority of the people. There have been incidents in the country where armed force people have been involved in committing rape crime in Manipur & Kashmir region but society did not react with the same intensity in these cases. Similarly several, equally horrible rape crimes were committed by the upper class on schedule caste/STs in Indian villages but it did not receive the media & society coverage as in the Delhi case. Powerful in the society can threaten the victim or her family from reporting the case itself. A society like ours, where wife is deemed to have consented at the time of the marriage to have intercourse with her husband at his whim, many may be reluctant to accept marital rape as a crime. Women in many cases are prevented from reporting such crimes siting the shame & honor by their own family members. Under such circumstances, rape cases may not get reported and if reported, investigation agencies might have inherent bias for a particular group or might be influenced by the powerful in the conviction process. Capital punishment will not succeed to deter the rape in all above cases until a society takes unbiased view on rapes.

    First of all, there is no data evidence showing that capital punishment has been more effective measures to curb the crimes. Secondly favoring a death penalty, we as a society are moving backward. Majority of the countries have dropped the death penalties on grounds that state don’t have right to take life. As the famous saying goes that God gives life and he alone can take it and not manmade courts. Majority of us favored the hanging due to the brutality involved in in Delhi case and not solely based on crime. Needless to say that law should punish the criminal not with an intention to take revenge but to deter other from committing such crimes again. In Delhi case, Court might have framed their verdict keeping the public sentiment in mind but it

    Another major problem is that our police & judicial system have not been very efficient & effective to convict the accused in rape cases. In my opinion, timely delivered punishment of 10 years or life imprisonment based on crime severity can be more effective than capital punishment delivered after several years of trials. As per a report only 56 % of FIR registered for rape case are charge sheeted ,out of which only 15 % move to trial stages and only 25 % of trial cases are finally convicted .Out of 1000 rape cases reported, conviction occurs in only 20 cases. Recent journalist rape case in Mumbai is an eye opening example of failure of our policing & law system. Perpetrators would have definitely seen the public outrage & demand for hanging the accused in the media. Still they went ahead and committed the crime. Worrisome part is that the same gang was involved in 4 other rape cases. Failure of governance institutions gave them the confidence to commit yet another one.
    Adding few additional line in statute will not create safer environment for the women until the ground realities changes. While the complete focus & response of media and civil society has been with reference to 16th December heinous crime, we cannot afford to ignore the wide spread discrimination against women in our society. We cannot isolate the solution to rape crime from the other crimes like domestic violence, workplace sexual harassment, female feticide, honor killing, dowry etc. Government has implemented several laws ranging from dowry prohibition act, pre-conception & prenatal diagnostic act to domestic violence act in order to protect the women but such crimes still remain prevalent in the society. Social status of women in our society is something that convince even worth less man to impose his superiority on women. Male chauvinism & patriarchal society indirectly encourage people to commit such crimes. Not to mention the response & suggestions of several religious & political leaders with respect to Delhi case that indicates that malaise lies not only in few Individuals but in society as well. Efforts are needed to inculcate human values & respect for women in society at large. In absence of efficiently working policing & law enforcement agencies, any form of punishment will fail to deter the crime. Capital punishment may give a temporary solace to the victim but trauma & social discrimination, victims face throughout her life only aggravate her pain in absence of society attitudinal change about women.

    • http://raghusharmag.wordpress.com raghusharmag

      Vipul,
      Try to write your introduction like this(just my opinion – insight sir & other frds can present correction),
      Begin with a quote/catch line to introduce your topic. Than present central idea with glimpse of small ideas(2 lines). Than end your introduction with thesis which should be complete & clear.

      Than present all your dimensions/idea with backing by a paragraph a idea manner. But make sure idea flows from thesis & what u presented as central idea.

      Than conclude. in conclusion 1st conclude thesis than central idea than your opinion.

      • brijesh

        Hi Raghu, I read your comment.. and agree with what you suggested… for the introduction… how about writing this introduction.. is this similar to what you suggested..presenting the main idea..so that could relate the essay with this ideas as he proceed further..

        Increasing number of rapes in our country shows the degraded perception of women in the society; this shows that society wants her to be dominated, supressed; this shows the degraded morality in our society and failure of policing. But capital punishment to the rape convicts cannot be solution to this problem. This is a social problem and we have to understand the causes and their origin to eliminate such acts from our society.

        • http://raghusharmag.wordpress.com raghusharmag

          see your introducing line has to emerge from thesis i.e you should compare equilibrium of rapist culture with capital punishment which would reflect in your stand. here u have addressed a half. I m not writing a introduction because u know it takes time after u hv covered all points first.
          I hv once written essay on PPP 2012 its introduction was:

          “Every path toward a goal has own positives & negatives, It is up to a traveller either to reach target addressing negatives & move forward or wait at starting point & say there exists negatives so better to avoid this path & stay backward“. (Catchy statement) PPP, co engagement of Public & private machinery towards a task (Basic introduction), is such a path already tested successfully in many developing & developed countries for development of people & system as whole. (Central idea – Successful, development, type of countries). Past experience tells that PPP is box of practices & methodology which brings investment, technology, efficiency, management & sound practices to system. (Supporting ideas) With addressable pitfalls, PPP is boon for India`s aim of welfare & development of people & thus should be allowed. (Thesis).

  • brijesh

    ESSAY- Capital punishment and Rape culture

    “Mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of the civilization of any country” – Winston Churchill

    Indian society is under transition from semi-feudal to the liberal democratic capitalist society. The ideas of liberty, equality and fraternity fights and exist with the age old practices of caste system, religious dogmatism, patriarchy and gender bias.

    At times there are clashes between the established understandings of things and the new ideas of modernity. These conflicts sometimes result in violence and rapes etc.
    The framers of our constitution were very much aware of the importance of the ideas of equality liberty and fraternity and that is why these are put in the preamble as the goal of our country and society. Indian constitution was one of the first which gave equal political rights to the women because it was understood from the role they played in the struggle for freedom that she is not inferior to men in any sense and for the development and progress of the country it was imperative that she is given her respectful place in the social, political and economic affairs of the country.

    Even the directive principles of our constitution guide the government to bring equality among men and women and specially work for the empowerment of women.
    Efforts by our government in the forms of various schemes and laws like Succession Act, Domestic violence prevention act etc. have led to their empowerment. Globalization has led to new ideas coming from different parts of the world which has created awareness among the women about their rights, capabilities and opportunities.

    Today literacy rate among women is rising; they have become financially independent and mobile. This newly gained freedom and their participation in the decision making is not liked by the patriarchal elements in our society who still view women as a thing to be possessed by men and used for their advantage.

    The gender which is the scheme of do’s and don’ts which society creates in the minds of people about the role of women and men causes violent reactions when this understanding is challenged by the women. Rapes are one of the form in which this frustration towards the newly gained freedom of women erupts.

    The number of rapes happening in India has become a cause of concern with the national capital being perceived as not safe for women. With increasing education and awareness no. of rapes getting reported is also increasing. Rape is a crime which has a social stigma attached to it. There are views among the sociologists that as women is treated as a symbol of honour by the semi-feudal society , attacking her , hurting her and sexual abuse is thought to be the worst punishment that patriarchal men thinks can be given to her.

    The most worrisome thing is that even today men thinks that they have right to sex irrespective of the will of the women. This sense of entitlement has been found the main reason behind the rapes according to one survey.The normalization of these offences and even blaming the victim by the society is one of the reason why these offences have not stopped even when stringent laws are available to tackle these crimes.

    The other reason for these crimes is the general sense of invincibility among the offenders due to their links with the local politicians. The development model which India has followed has led to the increase in inequality and deprivation of large number of people. These deprived people who do not have access to the education and employment are often patronized by the criminals or politicians for their benefit and in return they give then invincibility to commit these crimes by forcing the police and colluding with them.
    The deprivation of so many people and lack of education and opportunity is also a cause for increase in number of these crimes. The social stigma attached to it prevents the victim from approaching the police. And even when they go to police station, an empathetic treatment is not given to them thus preventing people from reporting the rapes.

    The commodification of women in the films, TV, literature and advertisements have also played a supporting role in strengthening the men mentality that women are things to be possessed and luxury to be enjoyed. Even they have affected minds of the women which have started thinking themselves as commodity !
    There is a need to project women as individual , as human being with equal rights as men in cinema, advertisement and literature etc.

    The internet which has opened the gates of all material produced any where in the world has also exposed our youths to pornographic contents which are affecting their psychology. They are exposed to such content at a very tender age.

    After Delhi gang rape there are demands of capital punishment for the gang rape convicts form various quarters of the society. But before we let our emotions and passions to flow we have to understand the role of criminal justice system in the society. There are two main role the criminal justice system plays, first the punishment given should prevent the reoccurrence of the offence and second it should provide opportunity to the convicts to reform himself.
    An eye for an eye is not the principle on which criminal justice is given.
    There is no empirical evidence to suggest the capital punishment in any way prevents the occurrences of rapes or act as a deterrent to the offenders. And the other aspect of reform is lost as the convict has to die in the capital punishment. This is one of the reason why Justice Verma committee has not recommended death sentence for the rape convicts.

    Instead of that there is a need to strengthen our policing and sensitizing our public officials and other people about rapes and rights of women. There is a need to work on the preventive aspects also. There is general acceptance to the fact that moral values have degraded in the society. Concentration only on money and getting it by any means is what is taught in our schools and colleges. There is a need to inculcate moral values and human values in the future citizen right from the beginning. This moral values which act as a restraint on oneself has been lost in our society.

    Media, entertainment, films, literature etc. should play an important role in creating such atmosphere where women is treated as individual human being and not as a commodity. Women groups and civil society organizations should also engage in bringing change in the mentality of the society and increasing awareness about the gender equality.

    This does not mean that these measures can substitute efficient policing and justice system. Recent cases show the increasing involvement of minors in the rape offences who have whole of their life to come, they should be given opportunity to reform themselves, giving them capital punishment would not be a justice to the society.

    The violence and rapes are the social problem and their solution has to come from the society. Policing alone cannot be effective in rooting out this problem. We have to bring change in the mind-set of the society that women are not commodity but individual human just like men having same dreams and same rights.

    • Dr. ashish gupta

      hi you moved out of context from the topic of esaay…u have devoted most of the words in explaining cause of increased sexual violence and rape..making essay boring in between ..stress also on comprehensive analysis of why capital punishment justified/not justified and a holistic solution….

      • brijesh

        thanks Ashish, I think i stressed to much on causes.. I will keep in mind your suggestion.

  • prerna

    One fine evening an old lady aged around 75 years returning from her daughter’s place to her home was brutally raped by the rikshaw driver of the rikshaw she was travelling. This is one of the many true incidents happening across the country which when heard would boil the blood of any person. There is whole gamut of thought to be put in before we could come to a detail conclusion on how should the rapist be punished? Firstly, it is the question of why would a person rape, that is why would a person violate the basic freedom of another just for his own pleasure? Secondly, the question is what needs to be done to the person who has committed one of the serious crimes against humanity is rape?

    Rape is brutal violation of someones personal right and abusing his personal space and treating them as a toy to be played with to attain selfish pleasure and sometimes to fulfill their own sadistic feelings.
    Most of the time we tend to look at rape with a narrow angle that it is conducted by a stranger; however, we have a more gruesome act which is committed by the victims’s own family members or an extended family and in worst and most of the cases by the victims life partner himself.

    The latter one is a point of discussion on why would victims own family member’s commit such a gruesome act? For instance, We see in our culture, which has not remained untouched by all the other evil forces of the society influencing the decisions of the family-We give our girls in marriage into a family about whom we know very less or if not nothing. If fate does not turn out to be against us, in some of the cases the groom would be an impotent and this issue would be ignored by almost every member of both the families, Here the chances of rape by the family members of the groom get intensified.

    We cannot deny the role of husband in the rape of his own wife. In Indian society the girl before marriage is taught that “husband is god” and wife has to obey all his words even if it hurts her personal sentiments and self esteem. These sort of acts become part and parcel of everyday life of a financially and socially dependent women. She may be forced to take all the pain for the fear of society or well being of the children, sometimes unable to take the burden of financially incapability and long rooted fear of surviving alone in the society.

    Rape by strangers is another big issue to be tackled. It was said that when a women could walk alone in the road in midnight then India would attain real independence. Going by this definition India would not attain independence anywhere in the near future and would need a revolution to achieve it. For instance, One of the most safest cities(considered to be safe) Mumbai had recently witnessed a rape of journalist. It has not shocked the people in the area, even worst is when people comment that why should the women take journalism which is challenging as profession and what was the need to go out at night. Isn’t it shocking to listen to these comments which try and justify the gruesome act of the rapist and point fingers at a lady who was just trying to achieve her dreams? This attitude definitely needs a change.

    Rape may be a clear case of taking out frustration of a person on the other, it may be a acting as a vent to cover up his failure in some aspect of his life. It could be a habitual process or could be done only on that occassion for the first time may be for pleasure or anything else. We need to analyse the background from which the rapists come up? Is it his habitual process? Answers to these questions would help us avoid rapes in future, by correcting the errors which made them fall to this level of cheapness.

    In Populist opinion the best way to punish rapist is through capital punishment that is the death sentence. Before judging if it is right treatment for the rapist we could look at capital punishment for any crime. Is it ethical on part of a human being to punish the other by taking his life.? would death sentence heal the pain of the victim? The whole idea of the justice system lies in the act of teaching the criminal to follow a path of righteousness after repenting for his bad deeds. This idea gets challenged in a capital punishment, where the execution has to take place even before the criminal repents for his crime and before he could think of turning into a good person.
    From ancient till the medieval times, criminals were treated very harshly, the worst being amputating them. Now we need to answer if crime rate would go down if such severe punishments including capital punishment is awarded. Critics get divided at this point, one group opines that the severity of the punishment affects the rate of the crime. The other argues it to be a human right violation issue and that every criminal needs another chance to change his path. No doubt in agreeing that human rights are the fundamental rights of life of a person, and no one could take the life of another; but, for instance if there is a poisonous snake near a child what do we do, do we just keep quite following the above principle or act otherwise by killing the serpent to protect the child if that is the only way left out. We hopefully would go with the later one, this shows the differential treatment principle where peoples right have to be judged unequally for there acts.

    Very few complaints of rape come out of the many due to societal pressures and out of these very few go till the point of punishing the rapist. So, what is the need of the hour, why are the cases not registered, is it due to the lack of trust of the victim in the system of punishing the one who has committed crime against her or is it her feeling that punish any how is inadequate compared to the pain and burden she had to carry on.

    We have a challenge before our self, we need to bring in the victims to the point of opening up and fighting for there rights, we need to strengthen our law system and award capital punishment in case needed to serve as an example for the future. It is to be believed that a nation would be called developed only when all its citizens are given justice, where every one has equal rights and enjoy the freedom in their personal lives. It is when a rape against a prostitute(when it is recognized as a legal occupation-which it should be) is condemned by the society and stand by her in fighting her case, that is the day of development to the fullest. That is when the culture of rape disappears and the dilemma of whether capital punishment is needed or not no longer exists.

    • prerna

      Insight Sir,

      Kindly request you to provide your comments.

      Other Reader,

      Please give your valuable suggestions, in case you read the essay.

      Thank you.

      • Guest

        Ultimate intro……you really caught the topic

  • Kalyani

    CAPITAL PUNISHMENT AND RAPE CULTURE
    The term ‘culture’ here refers to something a society grabs from its surroundings and living conditions through ages. So here the concept of rape culture is an end result of our past and present. Whether such a culture that is deep rooted in our society can be efficiently eliminated with capital punishment is the matter to look over here.

    Whether rape culture is a by-product of the present century?

    When we look back, before 10 years our news papers and channels were not flooded with rape columns and discussions. We can analyze it in other way also, that unlike today we were not flooded with news papers and channels in the past time. That means rape cases are reporting now in a large scale with the growth of media. But still such news reports are tip of an iceberg only. Even today many incidents were going unreported. So, rape is definitely not a new phenomenon. It existed in society from an early period onwards. But most such cases left buried. But rape culture also has gone through some changes along with the society.

    Past and Present

    Earlier our family setups were different. Majority followed joint family system. Elders were there to look after children. Girl child were take care like infants and adults always kept an eye on girls. Also their world was so limited. So chances were less for such incidents. But now the situations changed. Women also constitute a lion share in every field. So, incidents of rape cases also increased.

    Problems start from home

    Rape culture’s root lies in how a child is bringing up. In majority cases its root starts from home itself. In typical Indian society boy child always has an upper hand, especially among lower class and middle class people. Parents are bringing up their child in such a way. So, boy child are getting a notion right from the home that girls are inferior to them. Boys hardly miss any chance to show off their supremacy.

    Dos and don’ts for girls

    Society has already implied many do’s and don’ts on girls. So they cannot tolerate any changes from the prescribed pattern. In the case of Delhi rape of para medical girl, the accused later admitted that they raped her and brutally assaulted because they wanted to teach her a lesson, who went out with a boy on late night. Also comment by the lawyer in defence for two culprits that “burned my daughter alive if she had been having premarital sex and staying out with her boyfriend” revealed the fact that even well-educated Indians are thinking in such a narrow line.

    Culture Differences

    As Indian metros are growing a new class of society is growing, where late night offices, partying, late night shopping all becomes a common thing. Also in such metros a large number of local residents were also residing who has specific criterions on how women behave. They cannot tolerate this and they have a notion that girls late on streets are easy to access. Though metros and people are developing, in a diverse country like India many people are still seeing a woman as just a sexual instrument. So India is sandwiched between these culture differences.

    Role of films

    Though films stars are living in a society secured with body guards and all other facilities, in films they are portrayed as inferior to their male counter parts. So film threads, costumes all played a part in the mind set of common men. This is another face of culture which has a direct impact on people.

    Whether capital punishment is the solution for rape?

    Many argued for and against capital punishment. So is the case with countries. According to Amnesty International as at May 2012, 141 countries have abolished the death penalty in either in law or in practice.
    In Indian constitution death penalty is reserved for the rarest of rare cases. In Delhi gang rape issue court ordered death penalty for the four accused considering its brutality. Here also arguments for and against such a punishment has begun.

    Those who support capital punishment say that such inhuman people don’t have a right to live in this society. They are menace to society and their anti elements won’t be wiped out with imprisonment or other punishments.

    Those who are against capital punishment say that death penalty is the ultimate denial of human rights. And no government has the right to do so. Death penalty also does not allow the criminal to acknowledge their faults and correct them. Some says death penalty may not necessarily deter people from raping. Instead, it may even encourage rapists to murder the victims to destroy proofs.

    So, whether rapes can be eliminated from society with capital punishment? It is like treating symptoms without treating the root cause of the disease. In rarest of rare cases authorities can gag people’s reactions with such capital punishment. But the end solution lies in changing the behavior pattern, living conditions and structure of the society. For that collective effort is needed and government can seek the help of non-governmental organizations and other such agencies.
    Some argue lack of education is the root cause of such rape incidents. We cannot second it fully. Because rape occurs among educated people also, but its nature and publicity is different. In a sense education is needed, but it is on the moral sides. Deep in heart majorities are looking out for chances. If they get a chance, which seem safer even ‘decent’ people may also fall in such incidents. Because, for majorities deep in mind women is still a sexual instrument. Nowhere, they were taught to respect women. So such a culture should be developed instead of such capital punishment.
    Thus we can envisage a world, where women are safe inside and outside home.

  • Kalyani

    Insight and others please review

  • Amudhan

    Rape is and never was solely about sex. Rape is an act of violence with the intent of domination of an individual. A discourse on rape or rape culture must recognize it as a constituent of a larger ‘Culture of Violence’. Such a culture would be divided other differentia such as economic strata, skin color, caste, religion or region. However we will restrict ourselves to the Male/female binary and consider its impact on society. Furthermore we will consider the behavioral and structural constructs that uphold rape culture and consider the impact of the death penalty on rape culture.
    Rape culture is the validation, naturalization and perpetuation of rape culture. Its essence lies in accepting rape as the norm and fails to recognize it a severe societal problem that needs to be addressed. Furthermore it may even purport rape as an inevitable evil of society; which cannot be eradicated. The naturalization of rape in India can be seen in its frequency of reported crimes in the media. Seldom has anyone made it through a week without hearing about a rape committed against women. It is prevalent and depicted in the movies. Author Arunadhati Roy noted depiction in the Malayam movies were so prevalent that she feared it would happen to her (“rape is an entertainer for people”)
    Rape is validated in a rape culture. Societal values legitimate the domination of women by men. It’s in our history, the movies and one does not need to look beyond our street. The legitimacy of male domination is the fertile ground upon which the rationale for victim blaming emerges, wherein the ‘desires of men’ are established as involuntary so it’s up-to-women to not get raped leading naturally to the conclusion that women engender their own rape; reasons for which include a lack of clothing, lack of a male companion or the wrong place at the wrong time. The outpour after the Delhi rape case happened precisely because there was no room for victim blaming. The heroine came back from watching a movie, wearing appropriate clothing with a male companion at an appropriate time on public transportation.
    Rape culture perpetuates rape. Conviction rates for rape cases are abysmally low in India. Lack of evidences, unreported cases and victim badgering in the courtroom are among it causes. Police men refusing to file FIR’s upon the statement by a victim was cognized by the Verma committee. These characteristic in a milieu of shame surrounding rape victims ensures that justice never reaches the victims or the perpetrators. This lack of justice dispensed to the perpetrators emboldened the juvenile rapist in the Delhi case to say “don’t worry, nothing will happen” to becalm the others.
    The keystone of a rape culture is the commoditization of a women’s body and lack of control that women have over it. The laws of the land and constitution provide adequate safeguards for women e.g. dowry laws, domestic violence laws with non-compoundable offences etc. However they are non-implementable. This dissonance is product of a conflict between our societal values and the values upon which laws of the land are founded. This has doomed them to have no impact. Other legislation have fallen prey to this contradiction including PCPNDT, Women’s reservation Bill and Manual Scavengers Bill. It is in this context that we must consider the efficacy of the death penalty in challenging rape culture.
    It can be stated at the onset that the death penalty will have minimal or no impact in the medium to long-term without a simultaneous change in societal values. It may have a short-term impact due to shock value. Studies have shown that the death penalty has failed to have a significant impact on crime rates in countries that still conduct them. The experiments of the Behaviorist Skinner shed some light as to why it may not have such impact. In the Pigeon experiment conducted by Skinner within the behaviorist model has concluded the following:
    “it is not the severity of the punishment that effectively modifies behavior but the certainty and speed with which the punishments will be dispensed after particular action has been committed. The dispensation must extend a period of time to be a modifier”
    If we expand this experiment to law and order, the death penalty would correlate with severity of punishment which will have little significant impact in behavior modification unless certainty and speed of justice in also improved. In light of Skinner’s experiments we may appreciate the sagacity of the Verma committee report. It did not advocate for the death penalty but rather chose to make recommendations that improve conviction rates (certainty) such as mandatory filing of FIR, broadening of the definition of sexual assault and removal of protection under AFSPA. Furthermore it recommended establishing fast track courts for improve the speed.
    The death penalty is not only ineffective in stopping rape but not the address the fundamental problem that creates rapists. It is a Band-Aid to a gaping wound. The philosophical underpinning of punishment within a modern society is not retributive but corrective justice. The point of jail, corrective facilities, is to give enough time for the individual to correct his behavior so that he may rejoin society. The rationale for a death penalty extends to cases where correction is no longer feasible or is detrimental to society. In such cases the individual is permanently removed from society. In other words, a farmer (the government) who finds infected livestock (the criminals) does not kill it (death penalty) to stop it from infecting the others but rather attempts to cure it (corrective facility)and in the process of curing finds its source. He removes the source (initiate changes in societal values, institutions and individuals) to protect the rest of his livestock. Simply killing an infected livestock may work in the short term but it will merely put the farmer in another position to kill his own again since the source has not been eradicated. Therefore Rape culture in India is unlikely to be challenged with the imposition of the death penalty in India.

    • vipul

      Good one Amudhan..I could trace several shortcoming in my essay after reading yours:)

  • Rocket Singh

    hehehehehe acchha hai ;-)

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