1. Alternative Solutions
I suggested in the first post that none of you were presenting credible alternatives. You said you did. Turns out that you did present alternatives,
“That being said you're right that the punishment for rape is too low in India, but castration doesn't have to be the answer. Sheila Dixit suggested making it a non-bailable offence and increasing the sentencing. Which is reasonable and things like harder prison sentences ( ie in higher security prisons where there are less privileges) can be added to the list.”
There are a few problems here:
i. As Sukhmani says,
“men don't rape because they dont fear prison. they rape partly because they know they wont get caught. despite the heightened punishment, they know that they will still not get caught.” [sic]
So long as the reform that you’re advocating is only a marginal increase, making it non-bailable or increasing the sentence by a few years, this calculation is not going to change in the minds of the would-be rapists. Mind you, I think I’m right in conceiving of this cost-benefit analysis in their heads, since by wide consent in this post we have learnt that rapists aren’t hormonally charged to the point of lunacy, and I tend to agree. What might tip the calculation in favor of not committing the crime is “hey, I’m likely not going to get caught, but if I do, I am dead/physically incapacitated.”
ii. It’s a little bit inconsistent with your earliest principled stand .You say early on that,
“And more importantly since a large portion of sexual crimes are associated with people who aren't able to find satisfaction elsewhere/ have been abused themselves doesn't it keep the cycle going? Its not really dealing with the problem in anyway, also castrating someone makes them unable to sexually abuse someone again, but I would think it exacerbates there desire to hurt the opposite sex even more.”
This is all probably true for the median rapist, but why then are you alright with sending these troubled individuals themselves to prison for a few years longer? All of us know what living hells these prisons are, these men stand an uncomfortably high chance of getting abused and raped in prison themselves. Yet you ( Sanjay) also advocate that,
“Sheila Dixit suggested making it a non-bailable offence and increasing the sentencing. Which is reasonable and things like harder prison sentences ( ie in higher security prisons where there are less privileges) can be added to the list.”
These are prisons where they will be treated as less than human, where HRW and Amnesty will probably never get decent access.
iii. Your ‘alternatives’ are still rooted in a deterrence logic that you take great pains to destroy. If you are fine with more prison and harsher prisons, you are subscribing to the same deterrence logic that those advocating the death penalty and castration are using. After all, the big problem with rapists is not that they jump over jail walls and continue raping, making any security based justification for higher security prisons and so on unpersuasive.
Tags: Women Empowerment | Delhi gangrap case | Nirbhaya Rape case