An encounter that raises many questions

The brutal rape and murder of Disha is, by all means, a macabre and most heinous crime. There has been tremendous amounts of emotional outbursts of anger and anguish among the people not just in Hyderabad but across the country. Everyone demanded instant justice.

As the country woke up to the breaking news of encounter of the four accused in this case, there has been a different kind of emotions coming out. The common people, particularly women, were overwhelmed with joy and felt that police had done a great thing.

Some even distributed sweets. Social media was flooded with congratulatory and celebratory tweets praising Telangana Police and the State. The hashtag, #JusticeForDisha started trending on Twitter.

Many political leaders also appreciated the police action. "Bihar should learn from Hyderabad," says Rabri Devi, former Chief Minister of Bihar. BSP president Mayawati praised the Hyderabad Police for its strong action and asked the Uttar Pradesh Police to take inspiration from the Telangana police.

"The action that has been taken by the Hyderabad Police is praiseworthy," Mayawati said. "In UP, this is happening every day not just in one district but in every district. Be it young girls or aged women, nobody is being spared.

There is jungle raj in UP," she said, adding that when she was the Chief Minister, she had acted even against members of her own party. Another former Chief Minister Akhilesh Yadav also echoed similar views.

Politicians to celebrities to gender justice activists celebrated the encounter as justice served. BJP leader Kapil Mishra said this was the "correct" way to deal with the rapists and hoped other States would take cue from them.

Leader of Opposition in the Assembly and RJD leader Tejashwi Yadav said: "Now I would like to know what the Bihar police are doing in Muzaffarpur shelter home rape cases, Buxar and Samastipur rape cases… this government patronises rapists."

Well, it is unfortunate that leaders are using this issue for their political gains. Such heinous incidents have happened during their regimes as well. They need to answer what were they doing then? If this action of the TS police is justifiable, then why did they not do it when they were in power?

It is a fact that the Disha incident created an atmosphere of fear and scare in the State in general and Hyderabad in particular.

Many parents were wondering whether they should allow their children to go to school by a school bus. Even people like Jwala Gutta said that on Thursday while she was driving back home, her mother called her and said, "Be careful." She said it was around 10 pm when she got such a call from her mother for the first time in her life.

But the question that needs to be pondered over is whether it is the appropriate response or not? Can such encounters bring reform in the society?

Will it instil fear in criminals? Will we be giving same treatment to anyone who indulges in heinous crime? Is it really justice?

Well the opinion today is divided. While some say the accused never got any trail. Quoting law, they say that the law states that unless one is proved guilty, he is innocent. They also argue that will we ever get to know that the four men shot dead by the Hyderabad police were real perpetrators or not.

"Extra-judicial killings cannot be the answer to serious concerns over the safety of women," said Sitaram Yechury, Communist Party of India (Marxist) general secretary. BJP MP Maneka Gandhi also slammed Telangana police and said that 'judicial process should have been followed at any cost'.

But the common man too has a point. What happened to Nirbhaya case? It's nine years and yet no justice has been done. The perpetrators are still in jail.

Well, it's time the lawmakers ponder over both the scenarios and come up with a solution wherein speedy justice can be assured. What is happening today is that the police tend to act very fast and file charge sheets in certain cases of heinous crime.

If the magistrate court gives verdict to hang him, they have the opportunity to appeal to High Court and if the High Court also confirms the verdict of the lower court, they can approach the Supreme Court. How much time it would take there, no one knows.

Even if the apex court upholds the verdict of High Court, another window open for the accused is mercy petition to the President of India.

Presuming that the President also rejects the mercy petition, another major problem is the jails in the country are not equipped to hang convicts and perhaps even lack hangmen to carry out the execution.

Technicalities apart, we need to have a system where the trial can be on fast track and from magistrate court to apex court, the entire process should be over within six months' time or so.

If that can happen, it will instil confidence among the people to a great extent and encounters will not be necessary. Similarly, action in such cases should be the same irrespective of one's social or economic status.

The fact, whether one likes or not, is that there have been many cases involving the kin of important personalities but there are hardly any examples where such action had been taken against them.

While the action of Telangana police was received with cheer, there are many who question the police action and ask if India is a 'banana republic' and if rule of law exists in the country.

Political analyst Gaurav Pandhi opined if the encounter was the way forward, then Unnao rape-accused MLA Kuldeep Sengar should also be killed.

"If #Encounter is the way forward and rape accused should be killed in encounters, then someone please tell me what about BJP MLA Kuldeep Sengar, former BJP Minister Chinmayanand and many more of them?

There is valid point in what the Delhi Chief Minister Kejriwal said reacting to the encounter. He said, "Worrisome that people have lost faith in justice system.

The rape cases that have come to light of late, people are in anger whether it is Unnao or Hyderabad, so people are expressing happiness over the encounter.

It is also something to be worried about, the way people have lost their faith in the criminal justice system. Together all the governments will have to take action on how to strengthen criminal justice system."

Some people on the street reacting to the encounter had another important point to make. This enthusiasm that is being witnessed today would die down soon.

But a lot needs to be done if the society has to change in the long run. First and foremost is that all political parties should fix some minimum educational qualification for lawmakers.

Unless the lawmaker understands the implications of various sections of the law, what will he discuss and debate in Parliament or Assembly? He will be only parroting what is told to him by others or will tow his party line. This of course needs to be thought over by all parties.

There is a need to sensitise the police to give up their present attitude and become people-friendly and react to situations appropriately instead of treating with some sort of contempt against those who go to police stations with complaints or quiz them as if they are perpetrators of crime.

There is also a need for change in the education system. Inculcating moral values among the people from tender age is very important and the parents, educationists and governments need to take this issue very seriously.

Gender sensitisation from the level of school is very important. Already the Ministers in Hyderabad have started eulogising the greatness and firmness of the Chief Minister and have been claiming that justice has been done.

But instead, if the TS government takes the initiative to come up with practical suggestions on long term measures that need to be taken and initiate a countrywide debate, it would force the Centre to come up with necessary amendments in the law as well as education system in the budget session which can be thoroughly discussed and debated across the country and perhaps a long term solution could be found.

Let the incident of Disha show a new way forward for a better society.