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Regular-article-logo Sunday, 27 July 2025

JUST RIGHT

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The Telegraph Online Published 20.01.05, 12:00 AM

It is rare, but it happens. When everything in a much-worn process is done just right, the result becomes a model of how the process should be conducted all the time. A Delhi court has disposed of the case of gangrape at Khooni Darwaza in Delhi on November 15, 2002 in exactly such a manner. The process involved institutions other than the judiciary as well. The nature of the crime requires sensitive handling of the victim from the very first stage, a task in which the police in India have repeatedly failed. But this time they persuaded her to come forward and identify the accused, and to testify. Earlier, the police had hauled in the prime accused by following a clue the victim had provided. That they also conducted a bone ossification test on the accused to establish that he was not below 18 argues a care in laying out the evidence for a rape case that women in the country have forgotten to expect. The comment of a lawyer and member of the All India Democratic Women?s Association legal cell that ?no bigwigs were involved? is refreshingly relevant in this context.

The speed of disposal was perhaps the most reassuring feature of the case. Sexual crimes, once brought before the system for judgment, continue to exert a slowly destructive effect on the complainant, because social and institutional pressures exacerbate the sense of shame in ?going public?. Delays in court proceedings, because they sap the victims? ability to fight, benefit the criminals. The Delhi court has shown exemplary promptness. The heavy sentence ? life, instead of the usual seven to ten years ? upholds the principle that ?public abhorrence of the crime? should be reflected in the ?measure of punishment?. It is also expected to act as deterrent. By not considering the fact that the two criminals were first-time offenders, the judge has once again emphasized the gravity of the crime. The in camera proceedings, in use for rape cases for some time now, fulfilled the purpose of protecting the victim from publicity, so that the entire process could be conducted efficiently and without fuss. What is remarkable is the coordination of the police and the judiciary. Both conducted their respective businesses so that justice could be done, with the complainant?s rights in full focus. This suggests a gradually changing mindset ? but even if that is longer in coming, professional efficiency and principled action seem to be splendid substitutes.

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