By
K.Siladass
The Delhi brave-heart, as she had been
described by the media, the recent victim of brutal sexual and violent assault
is not something new. Such vile acts have previously occurred, and when will it
stop? It is the pious hope we have. We too have had the nasty experience and
continue to face such vicious occurrences in our society from time to time.
The
moment something dreadful happens it shakes and rattles the nation’s
conscience, it is true that this has been pricked on countless occasions. This
had prompted various groups to advocate severe punishment as a deterrent to the
offenders and would be offenders. These groups feel that, severe penalties are
the panacea for all forms of crime that are plaguing and will continue to
plague us. History does not seem to be on the side of the proponents for severe
penalties, because, however severe the punishment may be that alone had not thus
far deterred culprits from keeping away from crimes of a horrendous nature.
Years
ago a gruesome sexual attack on a ten-year-old girl and her murder had indeed
troubled the nation’s conscience. Nurulhuda Abdul Ghani was not the first
victim and she may not be the last. And she was not the only one to suffer such
a beastly, inhumane attack. There were others too since then.
The
senseless, ruthless sexual assault and murder of Nurulhuda had provoked calls
for severe punishment, which included castration, the death penalty among
others. The security guard who committed the monstrous attack on Nurulhuda
pleaded guilty to the charge and had been sentenced to twenty years
imprisonment and 24 strokes (of the cane).
Datuk Seri Dr. Rais Yatim, Minister in the Prime Minister’s
Department, had then come up with the proposal that those who commit rape,
including murder presumably, should be flogged in public.
If
we look at history we could realise that however severe the punishment may be,
that had not, apparently, deterred criminals from crimes. We are unsure whether
the suggested forms of severe penalty are to be taken as solution to the
problem or emotional reaction. The latter could be a sign of our own weakness
and prevent us from looking at the problem very pragmatically. Therefore, the
call that the culprits ought to be flogged in public is evidence of the
revulsion people feel but the suggested cure is laced too much with emotion.
It
is common knowledge that countries where public flogging is popular do not show
that it had the impact of minimising or getting rid of the cruel, wicked and
inhuman crimes. Besides, tooth for tooth, eye for eye, public stoning and
public flogging are ancient punishments and they have not dissuaded culprits to
keep away from crime over the centuries.
What
must be troubling us is that there are puzzling aspects in these sorts of
crime, i.e., rape and murder. Some of the culprits had been caught. Shamefully,
there are also cases where the culprits are still roaming around, presumably
waiting to unleash another vicious attack on innocent, unguarded and unwitting
women and children. The police have not been able to apprehend the culprits and
bring them to justice. “Why?” is the big question. Too many embarrassing
questions spring to our mind as to why those culprits are still enjoying
freedom? The police themselves will have to search their conscience as to
whether they have discharged their responsibilities in a manner that commensurate to the known standards of investigation and conscientiously.
While
we must admit the difficulty faced by the police in solving crimes,
nevertheless, the police should disclose to the public what they have been
doing about the unsolved ones. By doing so, the public will gain confidence and
at the same time they too will be on the alert. Unsolved crimes lying in cold
storage only to be occasionally mentioned when similar offences are committed
would induce the public to believe that the police are not doing their duty.
The
question that will haunt our conscience is: how come brutal atrocities are
constantly inflicted on innocent women and young children notwithstanding
stringent penal laws?
Are
the laws ineffective? Or, are the law enforcement agencies adopting a
lackadaisical attitude? It must be confessed that that we are at sea when
attempting to find answers to these penetrative questions.
Thus,
where lies the reason for the commission of these injurious deeds? Is it a case
for psychiatrists to embark on a serious investigation and research to find the
cause? Or, are there some flaws in our system of education? Or have we, as
parents, failed to recognize our own responsibilities?
While
we are always prepared to shout vociferously against the ineffectiveness of the
law, what we have ignored is the safety measures the young children need.
A
child has the right to be free from fear of molestation and violence in any
form. It has the right to be protected and it has the right to expect every
form of protection. Have we directed our minds to these uncomfortable
questions? Nay – we have been imbued with financial security and opulent
lifestyle. To sustain these qualities we are involved in activities to improve
our financial positions, paying scant attention to the little ones and the
protection they need so badly.
It
must be realised that feeding, clothing and educating the children are not
their only needs. They need protection from vicious minded predators, both
inside and outside their homes. Thus, what sort of protection could we provide?
Are the protections they presently enjoy both at home and outside sufficient
from being violated by mindless, wicked predators? We need to ask these
questions repeatedly and search our own conscience for the answers! Have we
been good, caring, protective parents?
What
sort of protection could the parents, then, provide? Would it be sufficient
protection if we send our children in school buses? Do we know anything about
the school bus drivers? Have the schools proper records on school bus drivers
or operators? Are people working in close proximity to children screened for
good character? Are the police and the Road Transport Department maintaining
proper records of the school bus drivers and operators? It is not intended to
suggest that school bus operators should be included in the category of the predators;
instead, it is the safety system we demand that we should look into.
Is
the Education Department fully aware of the background of the teachers who
shall be dealing with young girls and boys? What mental aptitude do they
possess? Again the same caveat as in the case of the bus drivers should be
entered here to the effect it is the safety system we are looking into and not
to cast any aspersions on the teachers.
Similarly,
are the police maintaining a proper record of drug addicts, robbers, thieves,
burglars in their areas and if not what kind of monitoring exercise do they
carry out to ensure that these culprits are not free to pursue their criminous
intent?
As
the stories about rape and murder unfold with gory details we learn of
criminals roaming around freely and the police have apparently not kept an eye
on them.
The
criminals’ movements from one place to another have not been monitored and as a
result the police lose track of them. For example, say A has been noted
for some criminal activities in Kajang and sensing that his area for
criminality is limited, he moves to another town in a different state. The
Kajang police may feel consoled that they have less problems because A’s disappearance
is a relief. A relief, it may be for Kajang police but it does not relieve them
from responsibility.
With
all the technical advancements we have attained and our boast about a
Multimedia Super Corridor steeped in information technology, it is hard to
believe that the police are unable to highlight the disappearance of A from
Kajang with the details of his penchant for criminal activities. We are aware
of the requirement of the law that a person who moves from one place to another
is under a duty to notify his change of address to the Registration Department,
but is this law even enforced? Why the police are not adopting this course is a
mystery.
It
is a common story that drug addicts and known convicts are prowling everywhere
and the safety of not only the children but of even the grown-ups is in danger. Putting away the drugs addicts and subjecting them to
rehabilitation programme may have desired results, but how far have the law
enforcement agencies succeeded that the source of drug is smashed and rendered
ineffective? If drugs are still available in the open market despite severe
punishment awaiting drug pushers when apprehended, is clear evidence that
severe punishment is definitely not the answer and has failed to serve as a
deterrent.
Because
of our nation’s economic well-being, we have foreign workers all over the
country. The menace of illegal immigrants is indeed very real. And what have the
Immigration and the police done to ensure that these foreign workers are not a
menace in our society?
Would
it then be strange if we were to conclude that the problem we are looking at is
not an isolated one but very wide and there are many good reasons to believe
that the law enforcement agencies are not free from blame?
If
we have the courage to say that we have to look at the cause, then, it is
suggested that we have to be courageous enough to look at the cause. Do we not
say that the primary cause for terrorism must be understood so that we can
banish it altogether? Similarly, should we not look into the primary cause for
a man’s insatiable violent sexual lust?
This
brings us to another important point – is our education system tailored to
educate the young about sex? Those who commit rape and murder have at one point
of time been young and in schools and the kind of education they have had would
have some impact on them as they grew older. We cannot dismiss the possibility
that they too must have been subjected to sexual abuse. That terrible feeling must
be lingering in their minds whereby they may feel that since no one protected
them and the culprit had gone scot-free, so what could prevent them from doing
what was practised on them. A very delicate situation; no doubt; but that is
one of the problems we may have to look into.
What
is wrong in teaching the children about sex? It would be prudent to tell them
about sex and warn them of the repercussions if it is abused. Should we not
slowly instill in them of the severity of the law in dealing with those
wickedly cruel minded persons who violate young children?
Early
education on these topics would have lasting impression on children as they
grow up. Would it not be a fruitful exercise for Filem Negara to produce films
of the horrible aspects of sexual violence and tell children of the
consequences? Should we not produce literature, essays, cartoons depicting the
dangers flowing from inhuman conduct and the resulting punishment?
We
must teach children to be compassionate. A good grounding in the concept of
compassion would definitely encourage children to love one another, understand
one another and thus cruel thoughts would not blossom in their minds. Compassion would help to build a strong character
which could, when they grow older, encourage them to think in terms of love and
understanding. It will mould them into good citizens and not to hurt anyone. A
person who has compassion would not hurt anyone.
There
are reports in the media that the police have recently begun patrolling
schools. A good idea no doubt, but its effectiveness is suspect. What can
patrolling achieve when it is common knowledge that in the areas where it is
regular, criminal activities had not abated?
In
the meantime, it is suggested that parents do organise themselves to prevent
criminals getting near to the young ones. One method, it would seem, is to
ensure that children are not left alone to move about. The other method would
be for parents to organise a vigilante posse in their area who should go around
to shield the children from being violated, attacked. This would also curb
gangsterism flourishing in schools and will also help prevent immoral
activities being perpetuated there.
The
sex-based cruelty unleashed against children and women is not peculiar to any
one country. Such monstrous atrocities are also reported in other countries. It
would be appropriate that the Government, in consultation with the United
Nations, call for an indepth study into this human problem whereby countries
with identical problems could meet and share their experience and knowledge to
combat this vicious crime. Aside from this, it would also be productive if
regular meetings, seminars are held to educate the public of the dangers, and
consequences of every type of crime.
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