Influenced by extraordinary street protests, Indian authorities have moved swiftly to try the men accused of gang-raping a 23-year-old physiotherapy student in New Delhi. Clearly, justice must be served, but there are disturbing aspects to the way the case is being handled.
The victim died last month, two weeks after the brutal attack in which she was beaten, assaulted with an iron rod on a moving bus and then thrown bleeding onto the street. She had taken the bus after seeing a movie with a male friend, who was also beaten. Thousands of Indians have demonstrated and called for justice.
The case has brought to light India’s growing problem with violence against women. It has underscored serious weaknesses in the judicial system, which encourages women not to bring charges against rapists and rarely brings to justice those who are accused. Incompetent police are also part of the problem. The victim’s male companion said later that police were slow to respond and then wasted more time wrangling over who had jurisdiction over the crime.
Stunned by the popular response, authorities set up a fast-track process to hear the case. But while efforts to try the case expeditiously are to be commended, some legal experts are understandably concerned that a rush to judgment could mean that any verdicts will be overturned on appeal. The government should not be so eager to appease popular rage that it takes imprudent shortcuts.
Also disturbing is the fact that most lawyers have refused to represent the defendants. Their outrage at the reprehensible attack is understandable, but for the sake of all Indians, and for the country’s judicial system, there needs to be a fair trial, which requires that the accused have counsel so they can prepare a defense. Two lawyers have agreed to represent three of the five accused men. A sixth defendant, a teenager, is to be tried separately in juvenile court.
The judge overseeing the trial has contributed to the sense of unease about the fairness of the proceedings. On Monday, he closed the trial to reporters and invoked a law that makes it “unlawful for any person to print or publish any matter in relation to any such proceedings, except with the previous permission of the court.”
Transparency is needed to give Indians confidence that the judiciary is serving the common good and delivering credible justice. India allowed journalists to cover the trial of those accused of the 2008 Mumbai terrorist attacks and should do so in this case as well.
The New Delhi attack has focused much-needed attention on India’s sexual assault laws, which are now being reviewed by a special panel of judges. Its report, expected in January, and New Delhi’s reaction to it (some proposed new laws have already been introduced in Parliament) will reveal a lot about whether the government is serious about doing more to protect women. This case is too important to allow it to be tarnished by cutting legal corners.
India Ink: Justice for India's Rape Victims
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India Ink: Justice for India's Rape Victims
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India Ink: Justice for India's Rape Victims
