The Need for Judicial Reform in South Asia
“Doctor brutally raped and killed in Kolkata”, “Three arrested on a charge of raping 13-year-old girl,” etc. These are the types of headlines that have been haunting news outlets for the past few years and are becoming increasingly frequent. South Asian countries like Nepal, India, Pakistan, etc. have a huge problem of mismanagement of law. This in turn has given maniacal criminals a free ticket to commit heinous crimes as such and still get little to no repercussions for their actions. This is a huge problem for us especially the women and children as they seem to be the prime targets but this is not to say that the male demographic is not a victim.
The recent case of Dr.Moumita Debnath in Kolkata, India has sent shockwaves throughout India and the world. This has sent a chilling reminder of what this world is headed for and it doesn't sound appealing. Thinking about these things reminds me of the famous saying of William Shakespeare, “The hell is empty because the devils are here” and this statement couldn't be truer. Protests have erupted across India, but there’s little hope for a proper investigation. This has almost become a cycle in south asian countries, people don't like something that the status quo has done, they rebel against it, then the protests stop after a few days and everything goes back to normal and again the same thing happens.
To address this crisis, governments must take strong measures against heinous crimes like these. Comparing crime rates and conviction rates in South Asian countries to those in Western countries like the UK and Arabic countries like the UAE and Saudi Arabia reveals a significant disparity. These countries have lower crime rates and higher conviction rates, primarily due to their robust legal systems. Western countries like the UK have extremely low crime rates, and the situation is even better in Arab countries like the UAE and Saudi Arabia. Recently, Abu Dhabi, the capital of the UAE, was crowned the safest city in the world for the eighth consecutive time. So, what is the difference between these regions and South Asia? What makes them more effective at lowering crime rates? The answer is simple: it’s the law.
The judicial system in these countries is extremely powerful; individuals can be sued for various offences, and if sufficient evidence is provided, they can be convicted for a wide range of crimes. In countries like Saudi Arabia, although there is a strong focus on limiting women's rights, there is also a high level of security, as they impose severe penalties, including execution, for anyone convicted of sexual misconduct. A similar approach should be adopted in South Asian countries.
A robust judiciary is the most effective way to deter crime by instilling fear in potential offenders. If only 2 out of every 10 crimes result in a conviction, it is clear that criminals will not be adequately deterred. The last instance of fair punishment for sexual misconduct in India occurred in the Nirbhaya case, which took seven years of relentless media attention to achieve justice. Unfortunately, cases like that of Nirmala Pant remain unresolved and do not receive the same level of scrutiny or urgency.
If we want to protect the people living in our societies and ensure that future generations feel secure, we must take decisive action to minimize these heinous crimes. Women and children are traditionally considered off-limits, even in the context of war, and harming them is considered a violation of international humanitarian law. However, even those who are typically shielded from the horrors of war are no longer safe in their daily lives.
If this disturbing trend continues unabated, human society as we know it will soon collapse. We must take a stand and do whatever it takes to put an end to this crisis. Failing to address this issue will have dire consequences for the stability and well-being of our communities. The time for action is now, as the future of our societies hangs in the balance.
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Published on 9/3/2024
Saiman Ghimire is a student at Deerwalk Sifal School who loves writing articles, exploring diverse topics, and engaging in creative discussions.
Saiman Ghimire
Grade 11
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