Justice delayed is certainly justice denied; but is justice rushed not also justice crushed? The widespread public outrage and demand for justice in light of the rape and murder of a young doctor at the R.G. Kar Medical College and Hospital is legitimate: what is problematic though is the collective desire for justice to be instantaneous. The shrill tone of the masses for an immediate resolution of the case has been matched by the political class. The chief minister of West Bengal, Mamata Banerjee, wrote a letter to the prime minister requesting the setting up of fast-track courts that would complete rape trials in 15 days. Earlier, her nephew and heir apparent, Abhishek Banerjee, demanded encounters for the purging of rapists and said that trial and conviction in these cases must be wrapped up in seven days. Such haste is not novel; similar demands were made in the wake of the 2012 Delhi gang rape and murder case, resulting in the setting up of fast-track courts. The sense of urgency is not without context either. The wheels of justice turn prodigiously slow in India — according to latest data from the National Crime Records Bureau, over 80% of the rape cases that have reached the courts are pending trial. Worse, at the end of long periods of trial, the conviction rate in rape cases remains a shocking 2.56%. Is it any wonder then that Indians are sceptical about judicial resolutions? A 2018 study showed that 32% of Indians prefer not to approach courts and lawyers. The Status of Policing in India 2019 report further revealed that one in five police personnel felt that killing criminals is better than a legal trial; one in two Indians believed that they are justified in thinking so.

However, the template of instantaneous justice that is demanded usually in the wake of public anger over heinous sexual crimes against women runs the risk of eroding the foundations of a society based on the rule of law. It also encourages a culture of mob vigilantism. There is no dearth of stringent laws against rape in India. Global data are also suggestive of the fact that the death penalty need not be a deterrent for such crimes. What goes missing often are quick, error-proof investigations, an efficient prosecution, a fleet-footed judiciary — especially in the lower courts — and an administrative system that is unbiased. Moreover, sharper laws and an effective judiciary would count for little as long as India fails to instil the values of respect and equality in men for women.