Existing laws not able to deter perpetrators of heinous crimes in the Capital

New Delhi, July 2 The city's current criminal environment, marked by a series of alarming incidents, has severely shaken the core of  society. 

There has been a notable increase in crimes targeting the physical well-being of individuals, particularly sexual offences and homicides.

The notions of safety and security, once taken for granted, have become distant aspirations, especially in the nation's capital.

A 20-year-old brutally killed his girlfriend by repeatedly stabbing in the Shahbad Dairy area on May 28. The deceased 16-year-old girl, a resident of JJ Colony, was repeatedly stabbed to death by Sahil, who stabbed her more than 20 times and also hit her with a boulder.

A video of the incident went viral on social media. In the video, Sahil can be seen stabbing the girl. Around seven to eight bystanders were also present, standing and observing as he stabbed her.

"What makes the already terrifying incident, more frightening is the fact that the murder took place in full public view with people passing by and yet no one cared to call the police or for that matter intervene to save the girl," advocate Vediccaa Ramdanee said.

The Delhi Police had on June 28 filed the charge sheet running into 640 pages under Indian Penal Code (IPC) Sections 302 (murder), 354 A (punishment for sexual harassment) and 509 (word, gesture or act intended to insult the modesty of a woman), sources said.

Besides the above sections, the accused has also been charged under the Arms Act, Section 12 of POCSO (punishment for committing sexual harassment upon a child) and different Sections of the Scheduled Caste and Schedule Tribe ( Prevention of Atrocities) Act.

It seems that the Shahbad Dairy area is subjected to a curse as exactly after a month of this incident, another 16-year-old girl has been gang-raped by a group of four, including a minor.

The girl had gone to the Shahbad Dairy Park to meet a friend and it was while on their way back that the accused persons stopped and threatened them.

She was raped in turns while her friend fled the spot. Case under Sections 376 D (Gang Rape), 323 (Punishment for voluntarily causing hurt), 34 (acts done by several persons in furtherance of a common intention) and Section 6 of the POCSO Act has been registered at the Shahbad Dairy Police Station.

Though one accused is still on the run, the police apart from arresting the other three, have also apprehended two juveniles under Section 21 (Punishment for failure to report or record a case) of the POCSO Act who though being at the place of crime, failed to inform the police.

Murder (Section 302 IPC) carries the punishment of death or life imprisonment along with a fine. Sexual Harassment (Section 354 A IPC) carries a punishment for a term which may extend to 3 years or with fine or with both. Under POCSO, Sexual Harassment (Section 12) carries a punishment for a term which may extend to 3 years along with fine.

Rape (Section 376 IPC) is punishable for a term which shall not be less than 10 years but which may extend to life imprisonment along with fine. Gang-rape (Section 376 D) carries a punishment for a term not less than 20 years, which may extend to life imprisonment and with fine.

Ramdanee said: "The landmark verdict in the Nirbhaya Case has definitely not acted as a deterrent in such crimes. On the contrary, the ruthlessness with which the crimes are being committed has only worsened.

"Though amendments in the law have taken place, the spirit of the written word is yet to materialise in the form of speedy trial and justice to the victims. Even if trial commences, the punitive Sections of the law still provide for “may extend to” and “OR” when it comes to alternative punishment."

While this is there to weigh the facts of each case and then prescribe the appropriate sentence, it is often misused for the accused who deserve the maximum punishment.

The gruesome murders that grip the capital pose a challenge not only for the law enforcement agencies but also for the law makers. Are the existing laws acting as a deterrent for these crimes against the human body, be it rape or murder. The rising numbers of such heinous crimes clearly tell a different story.

"While the agencies in most cases are acting swiftly and carrying out a watertight investigation and filing robust charge sheets in the court of law to seek maximum punishment. The larger question that has to be addressed is how to curb such heinous crimes," advocate Anant Malik said.

"The judicial system needs to relook at the 'death sentence only in rarest of rare cases' stance as well as refrain from giving bail easily to perpetrators of such crimes," Ramdanee said.

A survivor of rape can only perceive it as fortunate for their case to receive the necessary attention it deserves, considering the severity of such crimes.

Although the mentioned cases have garnered media attention, numerous other instances of rape and gang rape either go unreported or receive minimal coverage, often escaping public notice.

Gang-rape of a Class 5 student by a peon and his associates, gang-rape by seniors in a school washroom, abduction and gang-rape of a 38-year-old woman for two days in Ghaziabad over a property dispute are only the tip of the ice-berg which stands not only strong but very deep.

Ramdanee opined: "As of today, it is easier to get bail in such heinous cases than cases involving economic offences. The price of life which is unquantifiable is surprisingly less than quantifiable money.

"Apart from this, there is a dire need to legislate stricter actions and punitive measures against those who are at the crime scene, yet fail to report or record the case."

"The deterrence effect of the existing laws stands questioned. In some cases we see the act is carried out in broad daylight in full public view. This is a dangerous trend and needs to be nipped in the bud or else a disaster awaits," Malik added.

The bystanders are also members of the society and not alien to the system.

"Better on ground intelligence and policing may act as a welcome change so that any suspicious activity does not escape the eye of the agencies. Swift response time by the police is another cause of concern as a life may be saved if the authorities have the bandwidth to act in time," Malik opined.

In essence, reducing the time taken to respond to reports of heinous criminal activities will undoubtedly serve as a deterrent to the intentions of predators.

While laws are already in existence and can be further strengthened to impose stricter penalties, it is the improvement of on-the-ground policing that requires attention.

--IANS

spr/ dpb