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Correspondent

23 August 2024 at 4:29:04 pm

Swift Justice

The rape and murder of a three-and-a-half-year-old girl in Maharashtra’s Nasrapur village was one of those crimes that momentarily dissolves the distinction between legal outrage and moral revulsion. Such acts seem to defy language as much as law. The Pune Special POCSO Court deserves commendation for demonstrating that justice need not be paralysed by delay. Its decision to sentence the convicted perpetrator, Bhimrao Kamble, to death within two months of the crime was notable not merely...

Swift Justice

The rape and murder of a three-and-a-half-year-old girl in Maharashtra’s Nasrapur village was one of those crimes that momentarily dissolves the distinction between legal outrage and moral revulsion. Such acts seem to defy language as much as law. The Pune Special POCSO Court deserves commendation for demonstrating that justice need not be paralysed by delay. Its decision to sentence the convicted perpetrator, Bhimrao Kamble, to death within two months of the crime was notable not merely for the punishment imposed, but for the court’s insistence on an unbroken chain of forensic and circumstantial evidence, scrupulous adherence to due process, and a reasoned application of the “rarest of rare” doctrine. The Nasrapur case demonstrates that the criminal justice system can function with remarkable efficiency when its various arms work in concert. The court proceeded without avoidable delay while ensuring due process. Conviction came within sixty days of the crime, followed swiftly by sentencing. Such timelines should be exceptional only because every criminal trial ought to aspire to them. This matters because deterrence rarely flows from the theoretical existence of the death penalty. Criminological research across jurisdictions has struggled to establish that capital punishment, by itself, prevents violent crime. A justice system that delivers certainty is a greater deterrent than one that merely promises severity. Long delays, hostile witnesses, poor investigations and collapsing prosecutions weaken public confidence far more than the absence of harsher laws. India scarcely suffers from a shortage of stringent laws. Successive amendments to criminal legislation and the Protection of Children from Sexual Offences Act have steadily increased penalties over the past decade. The larger deficit has been institutional capacity, be it competent investigation, scientific evidence gathering, witness protection and efficient adjudication. The verdict serves as a reminder that justice ultimately depends on institutions that function, not merely on laws that promise severity. The debate over the morality or efficacy of capital punishment is unlikely to disappear. But whatever one’s position on the death sentence, few could dispute the importance of a judgment rooted in painstaking evidence rather than emotional clamour. The Nasrapur case exposed the uncomfortable truth that the convicted man had acted with a sense of impunity, emboldened by his criminal history. This points to a recurring institutional failure. Dangerous repeat offenders cannot be allowed to slip repeatedly through administrative cracks. Effective policing is not merely about solving crimes after they occur; it is equally about identifying habitual offenders, monitoring them appropriately and preventing opportunities for further violence. The true precedent of Nasrapur should be that every victim, irrespective of public attention or political pressure, receives an investigation anchored in science, a prosecution built on evidence and a trial conducted without needless delay. Justice earns public confidence not because it is swift or severe in isolation, but because it is both scrupulous and certain.

Caste-based Census Sparks Nationwide Debate

Updated: Oct 22, 2024

Caste-based Census

Caste-based identities continue to dominate rural India, directly or indirectly shaping electoral outcomes. Many major elections are influenced by specific caste groups. After the Bihar government released the first phase of its caste-based socio-economic survey, the caste census became a hot topic. The results, backed by evidence, showed improvements in the living standards and social status of marginalised communities, both in cities and villages. With parties like the JDU and NCP backing a caste census, there is growing momentum for the government to conduct one. However, every story has two sides—joy and sorrow. Even Mahatma Gandhi, the Father of the Nation, raised concerns about the caste census.

Rahul Gandhi accused the BJP of being “anti-Bahujan.” The clear meaning is that his father and forefather refused to execute a caste-based census, which might have far-reaching effects and even permanently fracture India’s social fabric. This may be negative for caste-based beneficiaries. The last caste census in India was conducted in 1931 by the British government. Those times were different from the present scenario. The data was made public and became the basis for the Mandal Commission Reports and reservation policies for Other Backward Classes. Rashtriya Swayamsevak Sangh (RSS) has clarified that the caste-based population count data will not be used for core politics. But the agenda for politics is always twisted and expanded.

The Central Government also joined the legal debate by filing an affidavit with the Supreme Court, leaving the matter unresolved. India’s partition, rooted in the divide-and-rule strategy, is frequently cited as a cautionary tale. Including caste in official census data could further deepen social divides. This issue has become a political pressure point, with various states pushing the Centre for action. Although the Constitution uses the term “class” instead of “caste,” the Supreme Court has consistently ruled that caste is a relevant, and at times, sole or dominant criterion for defining a backward class.

After the release of caste-based census data in Bihar, discussions around conducting similar censuses have gained momentum in states like Rajasthan, Chhattisgarh, and Jharkhand. Karnataka, which has already conducted its own caste census, may release its data soon as well.

Notably, all these states are governed by anti-BJP parties. Congress leader Rahul Gandhi also announced that Congress-ruled states have committed to carrying out caste censuses. Meanwhile, the BJP has remained silent on the matter, creating a significant roadblock.

Caste-based censuses focus on proportional representation in areas like jobs and education, with the argument that this will aid in targeted planning for the disadvantaged. However, the situation remains unclear, much like a foggy winter morning. The BJP’s stance on caste-based censuses and reservations seems different, as they fear the caste-based calculations could fragment their traditional Hindu voter base—an underlying concern for the party.

Professor Sanjay Kumar from The Centre for the Study of Developing Societies, says, “Let alone the BJP; no party can openly oppose it; it is not free from danger. BJP gets a large number of votes from the OBC community, their population across the country would be around 52%. Another downside is that the caste-based censuses could disrupt the balance of socio-economic zones. Data theft is a common issue in government systems, and people may feel disconnected from their actual rights.

The moot question is that if the financial status of an ST/SC/OBC or Dalit citizen moves up by a few notches, will his social status change automatically? The lifestyle of any class will only change when the income of a particular class is changed. The actual source of income is employment. The reality is that only metro cities have enough place and space for workers. Aside from the GIDC and IT sectors, less than 30% of industries have their own designated vacancy periods. After a decade, the Jamnagar and Rajkot Corporations have opened their doors to newcomers alongside experienced staff. However, age and caste bias often operate behind the scenes. It’s important to recognise that poverty is also widespread among many upper-caste individuals, and their needs cannot be overlooked. In the overall interests of the nation, terms like SC/ST/OBC, Dalits, etc. must be deleted from the nation’s vocabulary. Every citizen should have only one classification, that of being an ‘Indian’, in the spirit of the constitution.

Last year, when the Bihar government decided to conduct a caste survey in the state, the BJP was also Nitish Kumar’s partner in the state government, and it supported it. Political expert and former professor of Tata Institute of Social Science, Pushpendra Kumar, says, “It is not that the BJP does not talk about caste. It tries to reveal the caste of the Prime Minister as well. For caste politics, the BJP also tried hard to raise the issue of Pasmanda Muslims.”

(The writer is a management professional based in Ahmedabad. Views personal.)

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