Video Editor: Sandeep Suman
Following an incident of the rape of an eight-month-old in Delhi in January this year, the Delhi Commission for Women chief Swati Maliwal launched a satyagraha with a charter of demands including death penalty for child rapists.
Maliwal spoke with The Quint on her ‘Rape Roko’ campaign and procedural lapses that lets down a rape survivor. Speaking about the POCSO (Protection of Children from Sexual Offences) Act which has stringent provisions of life imprisonment, Maliwal said:
POCSO is not tough enough. Fact is this eight-month-old baby will spend the rest of her life, probably next sixteen years, trying to prove to everyone that she was raped. It’s high time that needs to change. According to the Delhi Police – between 2012 to 2014 – 31,446 crimes against women and children were reported in the country out of which less than 150 were convicted. It’s for a fact that people are not scared in the capital. They can masturbate in public in a bus, they can rape an eight-month-old baby, and get away with it.Swati Maliwal, DCW Chief
Will Death Penalty Act as a Deterrent?
India has witnessed an 82 percent increase in the incidents of child rape from 2015 to 2016. According to the data compiled by the NCRB (National Crime Records Bureau) while 10,854 cases of child rapes were reported in 2015, the number had increased to 19,765 in 2016. While the Madhya Pradesh government passed a Bill last year awarding capital punishment to those who rape girls below the age of 12 years, three other states – Rajasthan, Haryana and Karnataka – are mulling over similar laws. The question is whether death penalty acts as a deterrent?
Activists fear that such laws will aggravate the problem of under-reporting and could endanger the lives of victims as well. DCW Chief Maliwal, however, doesn’t agree with such arguments.
We’re not just demanding death penalty, we’re not saying hang a few men and we should create a scene out of it. We are saying certainty and swiftness in punishment is a must.DCW Chief, Swati Maliwal
Plugging Loopholes in the Criminal Justice System
In midst of the clamour for death penalty are we ignoring the need to strengthen the criminal justice system that will, in fact, go a long way in boosting the morale of rape survivors? For instance, a recent news report suggests that Delhi has only 14 fast track courts when the capital needs 63 such courts. DCW Chairperson concurs with the notion that delivering justice and that too timely is a crucial aspect of ensuring women safety.
Our lawyers are assisting these survivors, cases after cases, hearings after hearings, where is the justice? We need better and stronger network of fast track courts and there should be daily trials.Swati Maliwal, DCW Chief
Tussle Over the Control of Delhi Police
When violent public protests had erupted in Delhi in December 2012 after the brutal gangrape of Nirbhaya, former chief minister and Congress leader Sheila Dikshit had tried to pin the blame on the Delhi Police which was under the Centre’s control. Instead of pacifying angry protesters, the political move of passing the buck backfired and cost the Dikshit-led government dearly in the state assembly elections later.
Bringing the Delhi Police under the state government’s control has been a long stated demand of the Aam Aadmi Party, can the Delhi Commission for Women bridge the gap between the Centre and Delhi government on this issue?
I think it’s high time that the Centre and the state comes together at least on the issue of women safety. For the past two-and-a-half years of my tenure, I have been screaming on top of my lungs that let’s just sit down together and debate all these issues. What needs to done by the Centre, please do it. What needs to be done by the state, please do it. It’s unfortunate that since Delhi has multiple agencies, there seems to be a lot of silence in many areas. I think that somewhere it’s detrimental for the safety of women in the capital.Swati Maliwal, DCW Chief
(The Quint, in association with BitGiving, has launched a crowdfunding campaign for an 8-month-old who was raped in Delhi on 28 January 2018. The baby girl, who we will refer to as 'Chhutki', was allegedly raped by her 28-year-old cousin when her parents were away. She has been discharged from AIIMS hospital after undergoing three surgeries, but needs more medical treatment in order to heal completely. Her parents hail from a low-income group and have stopped going to work so that they can take care of the baby. You can help cover Chhutki's medical expenses and secure her future. Every little bit counts. Click here to donate.)
(At The Quint, we are answerable only to our audience. Play an active role in shaping our journalism by becoming a member. Because the truth is worth it.)