The recent incidents related to the continuing violence committed against our women folk is indeed a poor reflection of our inhuman nature especially from the so called civilized society that we are living in. Those who commit such crime are not just the usual suspects anymore. Earlier in the Naga context, rape was more closely associated with the army or the armed groups. But with the exponential growth and reach of the media this is not the case anymore. It would seem that whether it was rape or violence, this was happening all the time. It was just that these were not being reported as often as what we are seeing today. And those who commit such wrongful acts include normal people—father, husband, uncle, relative, neighbor, friend, employer, stranger etc. Rape and violence against women have therefore become something like a normal thing that is expected to happen. We write and condemn about rape in the newspapers. We also lend support to protest rallies which are held from time to time. The concern is that the present system or the intervention has failed to address the grave injustice done to a majority of rape victims.
Just take the case of how rape cases are disposed off, by paying negligible sum of money and thereafter the accused is absolved of all crimes. As per our understanding the minimum sentence for rape is seven years but even those who are supposed to enforce such atrocities by following the legal provision, they fail to do so. There have been instances in India, when the Child Welfare Committee (CWC) which has been set up under the Juvenile Justice (Care & Protection of Children) (Amendment) Act, 2006 disposed off such cases with just a fine. It will be interesting to find out how the CWC is functioning in the districts of Nagaland. But even without the involvement of State agencies, the practice is for the community to resolve and settle such cases in return for monetary relief from the side of the accused. This is shocking but nevertheless true.
It is now becoming obvious that the present system of dispensing justice both traditional and modern is ill equipped to give a fair trial in favour of the victim/s especially in crimes perpetuated against women and children. And as far as the rape cases in Nagaland are concerned, the question is whether our customary laws are being misused. For most part, we have chosen to remain silent. The male dominated civil society groups; they are also muted in their response. What is now required is for everyone concerned to sit down and work on a deterrent plan of action to deal with rape cases. This debate over modern criminal laws versus customary laws is taking us nowhere. After all these years of reporting rape incidents, the sense that one gets is that the present legal system is too slow and the customary law is inadequate as well to bring about justice. So obviously we need a separate but more stringent, simple to follow and effective tool (or legislation) if we are at all serious about getting rid of the menace of rape from the society. We should look for a solution within ourselves. Can we as a Christian State come out with a model law specifically dealing with rape? With elections around it is a good time to demand our political parties to make known their stand on rape and how they plan to deliver quick justice.
