Monday, December 31, 2012

Of State Capitals And Rape Capitals – Why Many In India Have Got It Wrong


A girl was brutally raped in Delhi – India’s Capital and affectionately called by some as India’s Rape Capital.  This rape turned out to be the last straw on the raped camel’s back and people all over the country are pouring out in thousands to express their opinion on the state of affairs in India.  Well, high time.

There is much talk about stricter laws and stiff punishments for rapists.  I agree philosophically, but I feel that in demanding stricter laws and stiff punishments for rapists, we may lose a wonderful opportunity to address the real problem.

Let me explain.

The last thing India needs is a new law.  Our country is riddled with laws.  More than 1300 laws were repealed by the Ex- Law Minister Mr Ram Jethmalani sometime between 1999 and 2004 and we don’t even feel the difference of it in our lives.

There is much blame put on the Indian Politician.  I cannot understand this.

Why blame the politician?  Every country on the globe is riddled with politicians who are in politics and government for personal glory.  How many politicians sincerely work for their country?  I am sure there are some but I am pretty sure that if they had a choice, they would rather focus on how to get re-elected than on nation building.  To quote P J O’Rourke – “A little government and a little luck are necessary in life – but only a fool trusts either of them.”

An Indian citizen can effectively measure up any Indian Politician in a matter of minutes.  It is not going to take rocket science to know that the objective of government is not to govern the nation - it is to use the nation’s resources for personal advantage.

A classic way to make money is to sell goods and services to a dumb client who has no idea of how much to pay for such goods and services and as a result pays much more than the market would otherwise.  Another way to make money is to do business with a client who has much money and will never run out of it.  Another way to make money is to do business with a client who is duty bound to make payment.  The Government enterprises, companies and institutions are one such client base which has all the characteristics listed above.  It is even better if your uncle is the minister heading those very enterprises.

There is much blame put on the Indian Police.  I cannot understand this.   The police don’t function.  Any Indian should be able to see that.  This fact was obvious to Indians even before the gang rape in Delhi.  Blaming the police means one does not understand how the police function works.

A few words for the cops.  How would you feel if you had to be on the vigil protecting a politician whom you know to be a crook?  What would you do if you had to spend hours day in and out serving and observing an elected parliamentarian crook plunder the nation?  Remember, a politician can ruin the life of a cop – in minutes.  A cop is a human being too.

Now I come to the final pillar of stability in the country.  The only institution that can change India is neither the parliaments, nor the state law and order institutions.

It is the Honorable Supreme Court of India.

This is where Indians must hope for change. It is the only institution who can take decisions without fear of retribution from the politicians.

However, there are other issues that must be addressed.

The Honorable Supreme Court of India has given many wonderful decisions.  There are many Indian states and institutions who have not implemented the orders of the Supreme Court.   They are in direct contempt of the highest court in the Land for a number of judgments.  And nothing is being done about it...
This is where we Indians fail.  The Courts fail to ensure the implementation of the law.  There is much satisfaction that they derive in passing on the judgment but they are hesitant to find if their orders are being implemented.
In light of the above, what difference will one new law make? Little I presume. There is no point in a law if there is no agency which ensures that it is implemented.

Protesters must not line up at the President’s residence.  The President must act on the advice of council of ministers and as such has no real powers to do anything of consequence.

The real protest would be line up outside the Honorable Supreme Court premises and pray for justice.  The Honorable Supreme Court has suo moto powers to take cognizance of any event and pull up the concerned department.   It is the only hope for this nation.  It is the only institution with a heart and which can guarantee Indians their constitutional rights - the only change agent left in this country.

To hope for the parliament to change the nation is a gang rape in itself.

© Nitesh Kotecha

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