Will Hathras get Justice | 'Justice for Hathras Rape Case'
Illustration: Robin Chakraborty | Image by : arre.co.in

A girl from Hathras became a victim. Not only a victim of rape but a victim of our system. A victim of a society where even in the 21st century, casteism normal. Where a body is cremated at night without the family, where people spend an entire lifetime waiting for justice but what difference does it make? Because ultimately, we are stuck in the same cycle. First, there is a heinous crime. We come out in protest and blame the government and then begins a long wait for the right reforms. We want to break this cycle. We want to take one step forward and see the flaws in our criminal justice system and see how those flaws can be repaired. Did a rape happen? What are the facts of the case? Who is the true criminal? These facts will only come out when our system becomes strong. Today, I will discuss 3 such factors which can help Hathras and other cases get justice. These are actual solutions not emotional but rational suggested by people smarter than us. If you agree that my discussing is valid so please share my topic.

1. The Police:-  In India 137 police are available means each police officer has the responsibility of 700 citizens. Today, we still follow British law which made at such a time when the British government's number 1 priority was controlling the common people. Today, India is free but the police in shackles but freedom to be honest. In India, state Governments control their police forces. 1 out of 3 police officers says they have faced political interference, not a political party is clear okay. A few IPS officers have themselves come out and publicly said that whenever a new Government is elected at the state, first the existing DGP is transferred and a DGP they trust is bought into that place. A system where an honest officer gets transfers and suspensions and a corrupt police officer gets political support. There's no incentive for anyone to be honest here. The police have to protect the people, not the politicians. From training to posting and from authority to respond until there are exhaustive police reforms in the country cases like Hathras will not get justice.

2. The Law:- Focus on finding the truth and not only finding proof. A Judge's role like a referee. The prosecution and defence put forth their facts and proof in front of the judge for his consideration, till the point the judge has proved beyond doubt about the accused. The judge is a referee, an umpire who does not take any sides. This how the adversarial justice system works. Here the judge has to be impartial which is right in its own way. A lot of cases drag on for lack of sufficient evidence. Justice may not be delivered immediately but the punishment of being a rape victim is given immediately. The second system of justice is called the Inquisitorial system which is followed countries like France, Germany, Italy etc. Here if the judge feels there are faults in the investigation. The judge can give instructions accordingly. The 2003 Malimath committee Report said India needed to adopt some good points from the Inquisitorial system. The judge needs to be given a pro-active role. Till we don't permit judges to use their true power. Cases Hathras will not get justice.

3. The Investigation:- Science-backed Investigation, the biggest impediment in the way of a speedy trial is the delay in filing of FSL reports. Over 1200 sexual assault cases pending due to backlog forensic labs. In the case of rape, some medical tests are time-sensitive. There is a fixed up to which semen is found in the body. The approach to collecting evidence is quite casual. Evidence does not reach forensic labs on time. The forensic labs in India have manpower shortage and outdated equipment. This increases the backlog cases. Let's take the example of Uttar Pradesh, forensic labs face manpower shortage, 40% posts vacant centre tells the supreme court. When cases get"Complicated" witnesses can lie but Medical evidence tells the truth and till we don't understand this point cases like Hathras will not get justice.

See our labs inadequate. Even with this broken system, some people get breakthroughs. DNA test helps solve Uttarakhand rape and murder case youth arrested. For good forensics, the mystery of a 9-year-old case is solved. When DNA analysis of a cigarette butt nabbed the guilty. Not that there are no better people. Problems are in a lot of cases their hands are tied. Malimath committee suggested 158 reforms in the justice system in 2003. How much central and state Government got elected and charge since then? Has anyone taken any action on those recommendations? The answer is"NO". On similar lines, In 2006 the supreme court gave 7 directives for police reforms. It was mandatory for state Government to implement them but none of the states ended up implementing them. All parties in the country unite when comes to this. The girl from Hathras will get justice only when the accused are punished and we take steps to ensure such crimes don't happen again. Along with outrage, we need to start talking about reforms too. Everything has been said already but as no one listens we must always begin again. The Malimath committee report begins with this line and 17 years later, this line is still valid for India. And this line won't be invalidated until we start asking valid questions. When the government knows the voters know about these issues and these factors are make or break for them in elections. Action will be taken then. Take these questions to those who can take some action. Tag your favourite Leaders, influencers and share this topic with your friend. Your religion does not matter, your cast does not matter, it does not matter whether you are left-wing or right-wing. If we can come together and have a constructive discussion. For a change, keep polities aside and discuss actual policies. Perhaps then can take one step towards justice. maybe one of us can't make a difference but all of us can make a difference together and the difference between these lines is very small and that's the reason why it makes a difference.