About rape and responsibility

I've been meaning to share my views on the public reaction to the recent Hyderabad rape. While the crime itself was heinous, and we desperately need to do something to curb this rape menace, I didn't agree with the calls for public hanging, lynching etc. that I was hearing from so many, including prominent personalities and political leaders. Today, the 4 rapists were killed in a police encounter, and the wide positive reaction to it is deeply disturbing.

Let's think about a few other situations. We've heard about such encounters in Gujarat, UP, Kashmir and north-east etc. several times in the past - and I'd like to believe most educated people don't favor this sort of approach to justice. When it comes to mob lynchings in the last couple of years, especially when the victims are religious minorities and the reason given had something to do with beef - most educated people unequivocally condemned the phenomenon and criticized everyone involved, and even those not directly involved, like PM Modi. I don't often agree with the 'liberal, secular intellectual community' in India, but in this instance we're on the same page.

Why, then, are people supporting mob justice and extra-judicial killings in this case? This is also illegal, and therefore wrong.

One may argue that what these men did was a terrible crime, but eating beef is not. That is some people's opinion. In the gau-rakshak's opinion, killing and eating 'gau mata' is also a terrible crime, and the perpetrator deserves similar treatment. To say that one person's opinion matters and the gau-rakshak's doesn't is unfair and arrogant.

This is why we are governed by laws, not personal opinions, and equality before the law is one of the cornerstones of civilized society. People who commit crimes must be caught and punished - even hanged - but within the framework of the law. When people start over-riding the law and principles of justice, it is a slippery slope. You simply can't condone an illegal act in one situation and condemn it in the other. The message this sends is 'it is ok to break the law and do what you feel like' - and someone will soon use it to justify something you never intended to support, and it may well even harm you. The law is what protects you - you can't disregard it as and when you feel like.

I'm sure the next argument is that the law has failed to protect us. The problem isn't actually the laws - ours are as good as any in the world. The problem lies with their implementation, and the widespread, deeply ingrained corruption of everyone involved - the political class, the administrators, the judiciary, the police force and almost every single one of us.

Let's start with traffic rules - driving on the wrong side, driving under influence, jumping traffic lights, taking turns where not permitted, driving before attaining legal age or without a license & necessary paperwork. I'm sure almost every reader would have been guilty of at least one of these at some point. Many even refuse to wear helmets or seat-belts - which are mandated by law for your own protection. How do you blame anyone else, then?

I'm not trying to trivialize rape & murder by comparing it to jumping a red light. The point is simply this - everyone must respect all rules and laws at all times, and this is a culture change we all need to bring about, starting with ourselves. Once we start making concessions, and defending our own illegal acts, it becomes  difficult to draw a line, and someone will take it too far.

We know our public services, including law & order, are in a bad state. The people providing these services aren't from Mars - they're like us, part of the same society and they too need money to pay for their houses and their kids' schools. While the corruption we see is deplorable, it is not hard to understand the lack of motivation and sincerity among the lower tiers when one considers their salaries and working conditions.

If we want more, better public services, the government needs money to pay for these, and it collects this through taxes. But evading tax is not just acceptable in our society, for most people it is a matter of pride and an art form! Almost everyone I know fakes rent receipts and engages in cash-based transactions that aren't reported to the tax authorities. The honest person is considered a fool. We do this, and then blame the government, the police force and all for having failed us. Yes, they do a lot of wrong, but we all share some of the responsibility for contributing to these problems. Until we realize and accept this, and start doing what we can in our individual capacities, these problems can never be solved.
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All that said, the fact is that those 4 men are dead. A lot of people are happy that justice is done, and will get on with their lives. But the problem isn't solved AT ALL. I've been paying attention to news of rapes & murders since the Nirbhaya incident several years back. Almost every day, with depressing consistency, there is a terrible incident reported somewhere in the newspaper - infants, old bed-ridden women - all sorts get victimized. The acts are brutal, often followed by murder. This was the news, I think a day after the Hyderabad incident.

I read a stat that ~30,000 incidents of rape were reported in 2017. That's about 100 every day, and this is just the official stat - I'm sure the true count would be a large multiple of this. As bad as I feel for Hyderabad victim, that is but one case. It is the proverbial tip of the iceberg. Over-the-top, knee-jerk reactions to the odd case, once every couple of years, are not going to solve the problem. We have to understand this problem, and need sustained, well thought-out action to try and solve it. Mob lynching and police encounters aren't the answer.

I'm not qualified or capable of coming up with the proper solution, but I'd like to share some thoughts to get the discussion started.

Why do these things happen? It's certainly not chow mein or jeans, as some idiots believe. There are two general reasons I can think of:
1. The perpetrator does not have a well developed sense of right and wrong
2. They know they will most likely get away it

The second is a problem with the police & legal system, and for sure there is massive room for improvement. However, this alone will not do. No 'system' is capable of preventing all crime. A few lakh or even crores of cops and judges can't mind the behavior of a billion plus people - it is logistically impossible. Even if it was possible, we wouldn't want to become a police state, with every action being watched and every misdemeanor being strictly punished. We want to live free of fear - not replace one kind of fear with another.

Which brings us to the sense of right and wrong. I have visited several 'developed', safer countries. In Japan, if you lose something, it will almost always be found and either returned to you or kept in a safe place for you to collect. In most of Europe, you can travel on the local train or bus without a ticket - it's not generally checked, and chances that you get caught in a random inspection are quite low. In these countries, there is a lot you could possibly get away with - but people trust each other to do the right thing. If you ever get caught riding without a ticket, there may be a small fine, but everyone will give you dirty looks, and may even pass a remark about 'poor upbringing' - and I've heard that people are more worried about this embarrassment than the fines. It doesn't take 'strict laws' and 'strong police' if the sense of right and wrong is well-developed among the people at large.

Closely tied to righteousness is the concept of common good. People in those countries respect queues, give pedestrians the right of way and are generally more trustful of and kind to each other, because everyone understands that society works better this way and knows they will receive the benefits when roles are reversed.

This is mostly missing in our society. Most people take shortcuts, seek and enjoy VIP treatment, cheat in exams - all with no sense of guilt, because they give zero fucks about the interests of others or the common good. This has to change, and we need to start doing whatever each of us can individually.