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Beyond Punitive Measures

The Supreme Court’s notice on Monday to the Union government regarding pan-India guidelines to safeguard women, children, and transgender persons reflects a much-needed introspection on our nation’s systemic failure to ensure safety. However, the discussion has also sparked contentious debates, particularly on extreme punitive measures such as chemical castration. While there is no denying the urgency of the issue, India must tread a path that focuses on prevention, accountability, and systemic reforms rather than resorting to reactionary solutions.

The plea, brought forth by the Supreme Court Women Lawyers Association, highlights an alarming reality: sexual crimes against women, especially in smaller towns, remain vastly underreported and ignored. The horrific RG Kar Medical College incident in Kolkata, along with the recent surge in sexual violence, exemplifies how deeply entrenched patriarchy and impunity remain in Indian society. Despite stringent laws enacted post-Nirbhaya in 2012, implementation remains abysmally weak, creating an environment where perpetrators act without fear of consequences.

While proposals for chemical castration as a deterrent might emerge out of frustration, such measures veer dangerously close to retributive justice, often undermining human rights. The Supreme Court rightly observed that such punishments are “barbaric” and “harsh,” yet it acknowledged the critical need for innovative solutions to address societal failures. Harsh laws alone are insufficient if they are not supported by efficient implementation and systemic changes.

The focus must shift from post-crime punishments to prevention and safety infrastructure. Issues such as unsafe public transportation, poorly lit streets, lack of clean public toilets, and inadequate security measures for workplaces contribute significantly to women’s vulnerability. Justice Surya Kant’s remarks on the importance of maintaining proper behaviour in public transport underscore a larger problem—India’s failure to instill respect and accountability among its citizens. Awareness campaigns on social behaviour, victim-centric police training, and stricter enforcement of laws in public spaces are long overdue.

Moreover, technological interventions like installing CCTV cameras in workplaces and public spaces, streamlining online complaint systems, and ensuring expeditious hearings for sexual violence cases can significantly bolster women’s safety. However, these measures must not infringe on personal freedoms or create surveillance states; their intent should always remain rooted in empowerment, not control.

The society’s deep-seated culture of victim-blaming must be dismantled. Educating both men and women on gender equality, fostering conversations about consent, and integrating life skills into school curricula can create long-term cultural change. The Scandinavian model, cited by the petitioner, exemplifies this: safety stems from societal respect and equality, not just draconian laws.

 

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