Discrimination- Equality of Law

While the quick justice rendered to the German girl, who was abducted and raped in Chandigarh last September, is highly laudable, there remain a few unanswered questions pertaining to the judicial system and the more pervasive Principle of the Equality of Law in India.

It is highly appreciable that the perpetrators of the heinous crime have been brought to book within a relatively short period of 3-4 months of the crime having been committed. My solidarity to the woman concerned. However, I am disturbed by the fact that such speedy justice is not available to my Indian Citizen sisters. Without being discriminative, I would like to highlight one of the issues at hand.

National Crime Records Bureau puts the shameful record of India in rapes with an average of 2.37 rapes per hour. And India is the 3rd worst offender in rapes. Though there are some reported rape cases of thirty or forty thousand last year, the actual figure including the unreported cases rises to a whopping 4,00,000. And about 82% of the reported cases are still pending in the courts.

Now,while it reflects positively on our judicial system at the speedy justice rendered to the German girl, why is such a similar priority not allotted to resolving similar crimes against Indian women in India? Articles 14 to 18 of the Indian Constitution guarantee the right to equality to every citizen of India and the absence of discrimination. And Article 14 in particular guarantees equality before the law and the equal protection of the laws to any person within the territory of India, to citizens and aliens alike. Now, even considering the exceptions to the above rule of equality in the public interests, or to the principle of equal protection of the laws, which postulates that " among equals, the law should be equal and equally administered, that like should be treated alike" which implies the right to equality of treatment in equal circumstances, then why is there such an inexcusable delay in resolving the crimes against Indian women citizens, why is there such a shabby and "crimely" treatment of the rape victims? Why is the media interested only in the high profile or the foreign nationals' rape cases and sensationalises the same while conveniently ignoring similar other cases on ordinary Indian women? Why are only such cases rendered out justice on priority while majority of other similar cases are either ignored, kept pending , or if such cases do come to court, the integrity of the victims is questioned? How many times have we not commented the dressing sensibilities and the character of the victims while excusing the others with reference to the culture existing in their respective countries? Why do we indulge in moral policing instead of empathising with the victims? Are we concerned only about our image in the International arena?

If the above questions pertain cumulatively to the Government, individuals, media, as well as the courts, there is something that the various governments and the courts in India specifically need to answer--While giving importance to the foreign nationals' safety in our country is top priority, is it not a crime to neglect the safety of our own citizens? Does it not reflect badly on one of the largest democracies in the world, if its own citizens have lost faith in the fairness of the Government? Are Bilateral relations and International affairs , the only important affairs of the State? Even going by the principle of Equal Protection of Laws, do we citizens in India not require an equally speedy justice, if not speedier, as against those cases, which have two Governments (parent and the host) fighting for their rights?

That day may not be far off when an affirmative action has to be taken by the Government for justice to Women Citizens of India in the form of providing more facilities and opportunities towards unequals.