THE ROTTEN SYSTEM
Somebody once said; “Injustice is relatively easy to bear; it is justice that hurts.” Sure, it does, particularly if it is the type of justice that was delivered in Ruchika’s case.
The nation is rightly outraged. People are angry not only because the punishment in such a scandalously wicked crime came too little and too late, but also because the accused was a very senior police officer, whose duty was to protect and uphold the law. Instead, he acted as a predator right from the beginning and unleashed the might of his position and of the police organization on a hapless girl and her family. To cap it all, Rathore’s insolently impudent smile on coming out of the court on the verdict day, reflecting the arrogance of the man, further fueled the public anger.
This case shows how people in position of power can manipulate and subvert the entire system to delay and deny justice to victims of crime. This was a case where the entire establishment ganged up to save their man, a wrong one, from damage. It didn’t matter if he had caused enormous harm to an innocent and a helpless family. The 14 year old girl was not merely molested; she was not allowed to pursue her career in academics or sport, false cases were registered against her brother and he was tortured and humiliated. This broke her down and drove her to commit suicide.
Obviously Rathore had served his political masters well, and in return they overlooked all the evidence against him and did not allow either departmental proceedings or a criminal case to be instituted against him. Considering the type of politicians ruling us and the type of establishment that has developed over a period of time, this should not surprise anyone.
It is no use blaming only the politicians for the ills plaguing the system. This is a case where all the agencies failed to live up to the norms not only of justice but even of normal decency in dealing with ordinary common people. The case, in fact, shows different ways in which impunity is granted to and enjoyed by people in positions of power. Evidence is covered up, false cases are registered, investigations are slovenly, legislative framework is inadequate, trials are delayed on flimsy grounds, and in the absence of alternative mechanisms of accountability the complainants are forced to approach the same establishment which has victimised them. There is a definite need to establish accountability structures, which work openly, quickly, effectively and impartially to ensure that the guilty police officers that abuse their authority are not allowed to get away through patronage extended to them by those in power. The Supreme Court’s directions given in Prakash Singh’s case about establishing independent police complaint machinery in districts and states need to be implemented.
The focus of public campaign for justice in Ruchika’s case is centering around the need to institute abetment to suicide proceedings against Rathore and to get his punishment enhanced. Other guilty police officers who registered false cases against Ruchika’s brother, detained him illegally and tortured him must be hauled up before courts of law. National as well as international instruments prohibit law enforcement officials from invoking “superior orders ”as a justification of torture or other cruel, inhuman or degrading treatment or punishment”
From Jessica to Ruchika, public have come out on streets many times, demanding justice in such cases. Public anger for just causes is welcome, as it helps in getting some relief. But it raises a few pertinent issues. Have we become so immune to pain and suffering of others that we get stirred only when there is a “public spectacle” of anger and grief? This can not be regarded as a salutary state of affairs. First, public memory is short and their anger can not be sustained over a long period. Two, the public sometimes can go overboard and develop a lynch mentality to influence justice. In such cases, the media does not merely provide information but starts conducting the trial. Justice should not become a victim of mass hysteria, just as it should not turn out to be an instrument to serve the interests of rich and powerful people.
