The gang-rape of and brutal assault on a 23-year old girl in a moving bus on 16 December is indeed shocking and disgusting. This is one of the reported cases of molestation and rape that take place most frequently in towns and cities. But the height of inhumanity and barbarity displayed by the perpetrators of crime in this case has attracted the attention of all and sundry. Concerned citizens, most of them girls and women, staged protest and candle marches in the various parts of the country while the issue reverberated in the Parliament.
Media reports confirm that the voices coming from all the quarters demand capital punishment for the accused in this case and for rapists in general. Scholars and intellectuals agree that such a heinous crime demands ceasing of the culprit’s right to live; for it serves as a strong deterrent against commission of such a crime. Over fourteen centuries ago Islamic Shari’ah, in view of the intensity of the crime, enjoined stoning of the offender of sexual assault to death. But our law and statute books stop short of giving such ‘harsh’ punishment to rapists. Punishment for this crime under the Indian Penal Code is up to life sentence only. This is why Swami Oom, vice president of Akhil Bhartiya Hindu Mahasabha, while reacting to this case, is reported to have demanded the central government to introduce Islamic Shari’ah to prevent sexual harassment in India. He even urged both right and left parties to table an amendment bill in parliament and threatened that he would file a Special Leave Petition in the Supreme Court soon in this regard.
But the question is whether the mere capital punishment or public hanging will put an end to the occurrence of rape and molestation and other forms of atrocities against girls and women. A close study of the case in the light of the way the society is advancing says for certain that capital punishment alone would not work. It must precede some concrete measures aiming at putting a check on all the ways that eventually lead to occurrence of such brutal incidents. These measures include containing free mixing of sexes in educational institutions and at all public places, introducing separate entry and exit doors for men and women in buses, allowing our sisters and daughters to step out only in properly well-covered dresses and without revealing make-ups, distinguishing relatives from strangers, lowering the eyes while talking to strangers, banning production and consumption of alcohol and drugs, total ban on publication of obscene pictures in print and electronic media as well as all sorts of pornographic literature and websites, and making arrangement for remarriage of widows as well as timely marriage of young boys and girls.
It is welcome that a person like Swami Oom has realised the wisdom inherent at least in one provision of Islamic Shari’ah. If he studies the entire Shari’ah, more and more wisdoms would come unfolding to him and he would be able to guide the people onto the path of dignity and honour, peace and progress.