Seven years after the Nuh double murder and gangrape case, a special Central Bureau of Investigation (CBI) court in Panchkula has delivered death sentences to four of the 12 accused. The court’s strict stance in this “rarest of the rare” case may bear the semblance of justice for the family of the victims, and come as a respite for entire Indian society that is grappling with an unending streak of rape cases, but systematic progress in the direction of minimising rape incidents has been abysmal. Most of the rape incidents in India have certain common traits running across them, with patriarchal mindset and caste- or religion-based dominance, among other things, being prominent factors. Rape in India follows a very complex dynamics that is hard to decipher. Moreover, only meagre efforts have been made to reach at a comprehensive understanding in this regard. How Indian society reacts to rape cases and rape victims—with a differential—is yet another matter of disturbing intrigue.
In the particular case, the court has identified the convicts as “habitual” offenders. They belong to the notorious Axle gang who are infamous for committing highway robberies during night, causing serious injuries and raping women in front of their family members. Incidentally or otherwise, the victims in the Nuh case happened to be Muslims. In any case, gruesome acts of rape and murder should be dealt with stringency, irrespective of the involvement of a caste or religion angle. However, preventive administrative actions may take such factors into consideration to align with larger social realities.
Justifying the capital punishment, the court said that “the convicts being habitual of committing very serious and grave offences, are a serious threat to the society. Their chances of reformation and rehabilitation are very bleak.” The court further added that “any lesser sentence would do grave injustice not only to the victims and their family members but to the collective conscience of the society.” Furthermore, the court's observation regarding the irreparable harm caused by rape resonates deeply. Rape is not merely a physical violation but a soul-shattering assault on dignity and autonomy. It inflicts deep emotional wounds that may never fully heal, leaving survivors grappling with trauma and anguish.
In the aftermath of this crucial verdict, it is imperative to reflect on the broader societal factors that enable such heinous crimes to occur. Poverty, social exclusion, and systemic failures create fertile ground for criminality to flourish, perpetuating cycles of violence and injustice. The inherent patriarchal privilege in Indian society also has a role to play.
The death penalty, while a necessary recourse in cases of extreme depravity, cannot serve as a panacea for the systemic shortcomings that underpin violence and exploitation. True justice demands a multifaceted approach that prioritises prevention, rehabilitation, and the creation of a society where every individual can live free from fear and oppression. It may be repeated as many times as possible that India’s legal-judicial-administrative set-up needs to undergo an overhaul to, first of all, offset the burden from the shoulders of rape victims and their families. Judicial proceedings following rape incidents should be centred around restitution of victims, apart from punishing the criminals.
Unfortunately, the Nuh case is one of the fortunate cases where conviction is announced, even though it comes after a considerable delay. It would be interesting to see how the legal proceedings unfold in the aftermath of the verdict. At the same time, one must be mindful that numerous incidents of rape and murder unfold on a regular bases, addressing which requires an evolution of the justice system. There are no easy answers.