India Insight

Delhi gang rape: Fast-track courts, juvenile laws don’t guarantee justice

(Any opinions expressed here are those of the author, and not necessarily of Thomson Reuters)
During the anti-rape protests across India in December, two slogans stood out among all the placards and banners — “Hang the rapists” and “We want justice”.

It was a case that stirred national debate and forced the state government in New Delhi to set up five fast-track courts to try sexual offences against women.
It’s nothing new. The Indian government set up 1,734 fast-track courts in the country a decade ago. The purpose was to quickly clear pending cases. But some legal experts say that the courts are not always a good thing, and many of these courts disbanded after the government stopped funding them.

“Fast-track courts were set up in Rajasthan to try some rape cases, but were forced to shut down due to ‘high costs’,” Supreme Court lawyer Pinky Anand told Reuters in an email.

In 2006, a fast-track court in Alwar, Rajasthan convicted the son of a police officer less than a month after he raped a German scholar. (The prisoner escaped while on parole, and has been missing ever since).

Fast-tracking cases may not always be the best option anyway.

“One example of fast-track courts not delivering justice is the trials after the Gujarat carnage where several cases tried by fast-track courts resulted in acquittal,” women’s rights lawyer Flavia Agnes told Reuters via email.

Rough justice as woman kills politician she accused of rape

An alleged rape and a violent stabbing left an Indian politician dead and a 40-year-old woman in police custody on Tuesday night, as Rupam Pathak reportedly took the law into her own hands to avenge 18-month-old sexual assault charges.
A file photo showing an incarcerated prisoner REUTERS/Adrees Latif
Bihar state legislator Raj Kishore Kesri was killed in his own home before an audience of dozens by a mother of two after charges first lodged in May 2010 against the four-time representative were reportedly dropped “under duress” from Kesri and his associates.

Pathak will almost certainly be sent to jail for her premeditated crime, after appearing to take what she considered the only option available to punish the man she says raped her.

A local school owner, Pathak was beaten by Kesri’s supporters after the stabbing, and as she was taken to hospital reportedly shouted: “Don’t take me for treatment. Hang me. I don’t want to live anymore. Nobody knows what I have been through.”

INTERVIEW – Supreme Court lawyer on Khushboo case

Pinky Anand, counsel for actress Khushboo in the Supreme Court, spoke to Reuters about the case and how the verdict would have a far-reaching impact.

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