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Is Brutality With the Rapist Correct on Humanitarian Grounds

Vishank Singh        |   2014-06-20 23:02:45   |   Women   |   Opinion   |   Posted By: Invade Cafe

“Brutality is not in actions but in intentions, Humanity is not in stillness but in actions”

“If the social institution wants to maintain our belief in the judiciary it must be affirmative on our demand that each and every rapist must be dealt with brutal punishments till his death”, said Shilpi, one of my friends from JNU. Her rhetorical speech always serves as a catalyst for me to work for a subject. So I started gathering more views and opinions on this. Studying in the moderate environment of Delhi University I usually came across mild words which differed from the Radical’s, like that of Shilpi. One such view came to me from my colleague Rahul who said, “What are you talking about? Giving ruthless punishments to the rape convicts is to forget humanity. We shouldn’t behave in such an inhuman manner in the liberal democratic society as of ours”. I tried to place both the opinions on the table to analyze the weight. What I found (may be what I perceived through my radical sense) was that in this society ruled by the law of realism one cannot abide by the ultra-humanitarian ideas which are away from the concepts of ‘Tit for Tat’. I went with the words of Shilpi, though radical but much needed.

There is a wide known perception among the liberal minded that, “Brutality to rape convicts will reflect our inhumanity”. Phrases like “They are animals but we are not” are used in order to support the argument which rests upon the utopian ideas of reformation of the convicts. But living in this age where man has lost all its virtuous qualities we have to store the iron measures in our judicial box which can work as ‘deterrence’ for the society as a whole. With the word ‘Deterrence’ I mean a fear which acts as a barricade to the consciousness of a man to follow certain acts (which are against the law). Let’s be practical about this. When a man rapes a girl he gets imprisonment for a term or a death sentence (in case it is a grave act).  How an imprisonment of few years (or for a whole life term) could balance his inhuman act? How it could instill the warning inside the society that committing such crimes can lead to harsh results. Even if he is granted the death punishment he will get his reward of death in just few seconds. Nobody will come to know when he died, nobody will see his death and so nobody could realize the painful result of his deeds. You may call me a supporter of public hanging or something harsher than that but there is a logical approach to all my stances. How will it counterbalance the death he gave to that girl which she will be living with all her life? My argument is based on the realist approach of the whole scenario in which thinking in a pseudo-humanitarian way seems stylish but is of vein. It is not the question of only killing the convicts with death sentences but to make him live like close to death. If punishments will not be based on this premise the bad goons will not fear from the law while tearing the clothes of humanity in front of the blind society. 

You can make a point that simply giving an imprisonment gives a chance to the convict to reform his life.  But this argument is not legitimate to implement when he is convicted of heinous offences like Rape. Let us try to imagine that what would be the state of the society where there is no fear and people are out with spoiled motives. Fear leads to discipline and it creates a society where everybody though morally corrupt still behaves in a social manner. This behavior comes out of the fear of being brutally punished if not abiding by the laws of society. To secure humanity some inhuman measures are required in the society.

I would even like to revolve my pen on the word ‘Brutality’ itself. Let us contemplate on the word ‘brutality’. When an Indian Soldier kills a foreign terrorist in order to save the state, will we call it as a brutality? If you are rational enough (which I suppose you are) then you could be affirmative on the statement that any violence which is good for the social law and security to sustain cannot be called as brutality. Applying the utilitarian approach we should be following this idea of brutal punishments to rape convicts because it is necessary to send a message in the social arena that humans are not there to rape and those who do so will not be treated as humans. 

In my view there is no loss to humanity if we go on the path of brutality to brutal rapists because society can never be dealt with liberal thoughts when it comes to security and law. What this liberal-human attitude serves to us when women feels afraid in day and broken at night! What this holy attitude delivers to the society when rapists are freed after the imprisonment and the victim is caged lifetime. Who will be scared of the law when we will show our benevolent side to the criminals? Let’s admit this that brutality to rape victims is necessary either in the form of punishment or a public action if possible. These views of mine or not only radical but are also based on the realist approach towards the society where you and I live! I could remember a sentence from Tulsidas’s Ramcharitmanas which states


                    “Binay naa manat jaladhi jad,
                      gaye teeni din beet

                      Bole ram sakop tab,
                     bhay binu hoye naa preet”


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Rapist, Rape, Rape Punishment
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