Sexual crimes against women persist in India,
despite stringent laws and the establishment of fast-track courts to expedite
case adjudication and deliver verdicts. Unfortunately, rape has evolved into a
more violent and aggressive crime, resembling gangsterism and vigilantism.
Crime statistics indicate that the situation has worsened over the past few
years, with a woman being raped every 3 minutes on average. This means that
someone would have been raped across the nation by the time you finish reading
this article.
In just 20 to 25 days, over 900 rapes have been reported across various regions
of India. These incidents range from the horrific daylight rape of a woman on a
busy street in Ujjain to the brutal rape and murder of a trainee doctor at
Kolkata's medical college. The number of rape cases has skyrocketed to the
point where even a 75-year-old woman or a 6-month-old baby can be targeted.
This heinous conduct involves not only young adults but also minors who are too
young to understand the gravity of their actions.
Despite the new law passed after the 2012 Nirbhaya rape case in Delhi, which
aimed to strengthen the definition and penalties for rape, the issue has not
lessened. Between 2012 and 2022, over 32,000 rapes were reported, up from
24,923 in 2012.
In 2022, there were 4,45,256 cases of crimes against women, according to
government data, which translates to around 51 FIRs every hour. Rape was the
most common crime against women in 2020, with 3,71,503 incidents recorded,
representing a significant increase from 4,28,278 cases in 2021. The National
Crime Records Bureau (NCRB) reports that over 31,000 rape cases were recorded
in India in 2022, averaging over 86 instances per day. Many of these cases go
unreported due to social stigma, fear of retaliation, and other obstacles. It
is estimated that more than 90% of rapes in India go unreported. (Source: STATISTA)
According to the Ministry of Women and Child Development (MWCD), 73 million
boys and 150 million girls in India under the age of 18 are thought to have
experienced forced sexual relations or other forms of sexual violence.
Additionally, India ranked significantly low on the Women Safety Index in 2023.
A 2018 Thomson Reuters Foundation survey listed India as one of the most
hazardous countries for women, with a high prevalence of sexual violence,
domestic abuse, and human trafficking.
Several well-known rape cases have highlighted the severity of sexual assault
in India:
Nirbhaya Case (2012): Jyoti Singh, a young physiotherapist, was viciously
attacked and gang-raped on a New Delhi bus.
Hathras Gang Rape (2020): In Uttar Pradesh, a 19-year-old Dalit woman was
gang-raped, suffering internal damage, a severed tongue, and paralysis.
Shakti Mills Gang Rape (2013): Five men broke into a shuttered Mumbai mill and
sexually assaulted a photojournalist.
Unnao Rape Case (2017): An Uttar Pradesh politician sexually assaulted a young
girl, and the case received media attention due to the involvement of a
prominent figure and subsequent harassment of the victim's family.
Kathua Rape Case (2018): In Kathua, Jammu and Kashmir, an eight-year-old girl
was abducted, sexually assaulted, and killed, highlighting community conflicts
and the victim's quest for justice.
These cases underscore that rape is a widespread issue in India, not confined
to a single incident or city. It reflects a society that, despite its claims of
progress, clings to outdated and harmful stereotypes of women.
Challenges in Combating Sexual Violence: Legal Reforms and Judicial Delays,
The number of rape incidents has remained persistently high despite increased
penalties, including a minimum sentence of 10 years and life imprisonment, or
the death penalty if the victim is under 12. As of 2023, there are still
thousands of pending cases related to sexual violence, highlighting the need
for more efficient judicial processes.
The Indian government has launched several initiatives to combat sexual
violence, such as the One Stop Centre Scheme (OSC) to support women affected by
violence, and the Nirbhaya Fund to improve safety for women. Despite an
increase in reported rape cases and more women speaking out, the conviction
rate remains low. A lack of evidence is often cited as the reason for low
conviction rates or for convictions being overturned by higher courts.
Consequently, implementation and effectiveness remain significant challenges.
Other legal reforms include broadening the definition of rape to include
non-penetrative acts, introducing fast-track courts, and lowering the age limit
so that children as young as 16 can be tried as adults for such crimes. Despite
this, our judicial system is often criticized for delays in delivering justice.
As of the latest data, there are over 200,000 rape and Protection of Children
from Sexual Offences (POCSO) cases pending in India's Fast-Track Special
Courts. Despite efforts to expedite these cases, the backlog remains
significant. In some regions, the pendency rate for crimes against women,
including rape, is alarmingly high. For example, in Kochi, about 95% of such
cases are still pending. These statistics highlight the urgent need for more
efficient judicial processes and better support systems for victims to ensure
timely justice.
Judicial Delays,
A rape victim in India not only faces social stigma but also a challenging
fight for justice, as the system often blames the victim for her misfortune.
The police are generally misogynistic and can be dangerous to women, so
perpetrators are not intimidated by victims reporting the crime. There have been
cases where victims faced hostile conditions at police stations and were
pressured to withdraw their cases. Once a case goes to trial, it can take
decades to be resolved. Rape cases, in particular, have a huge backlog, with
the number of new cases exceeding the number of cases disposed of each year.
The process is arduous and can add so much trauma to the victim’s life that
they often succumb to pressure from their own or the perpetrator’s family. At
the end of 2017, more than 100,000 rape cases were pending in Indian courts.
The legal process in India is often slow, with multiple stages including
investigation, filing of charges, trial, and appeals. Each stage can take
considerable time, contributing to delays. Moreover, the sheer volume of cases,
not just rape but across all categories, overwhelms the courts. There are not
enough judges and courtrooms to handle the caseload efficiently.
Here, the investigation of rape cases here often ends in a deadlock.. This
poses significant obstacles for the investigation and prosecution of crimes
against women. In 2022, over 45,000 rape complaints were turned over to the
police for inquiry, but only 26,000 of those instances resulted in charge
sheets being filed, according to a Navbharat Times story. This amount was even
lower than the total events that were reported in 2022. The research states
that around 32,000 rape incidents were reported to the police in 2022. But over
13,000 backlogged cases from prior years were already in trial, meaning the
police had roughly 45,000 cases to look into. However, in terms of charging the
offenders, in 2022 charge papers were submitted in just 26,000 cases.
This amounted to less than 60% of the instances under their purview and far
fewer than the total number of occurrences reported in 2022. This issue is
present in all 11 of the categories of crimes against women that have been
examined, not only rape instances. This demonstrates the urgent need for strong
legislation and efficient legal systems to address crimes against women in
India.
Punishment for Rape,
First of all, it is important to state that rape is a heinous sexual crime
against a woman, which not only affects her physically but also causes her
mental trauma. Thus, this offence is considered punishable under sections 375
and 376 of the IPC. The punishments include a life term or a minimum of 20
years jail time.
When we talk about the death penalty for sexual crimes against women, it is
already on the statute books as one of the punishments if rape results in death
or leaves the victim in a persistent vegetative state. In India, the death
penalty can be imposed for rape in certain severe cases. For instance, under
the Bharatiya Nyaya Sanhita, 2023, if the rape results in the death of the
victim or leaves her in a persistent vegetative state, the perpetrator can be
sentenced to death. Over the past 20 years, there have been varying numbers of
executions in India for rape or rape and murder. According to a report by
Project 39A of the National Law University, Delhi, the number of death
sentences for murders including sexual offenses was the highest in four years
in 2019 alone. In 2023, 120 death sentences were handed down by sessions courts
nationwide, with 53.3% of those punishments pertaining to sexual offenses.
According to data, the death sentence is applied in rape and murder cases, but
it is comparatively uncommon and is often reserved for the most serious
offenses. On the other hand, laws providing for the death penalty for child
rape or rape and murder have been proposed or passed in the assemblies of West
Bengal, Maharashtra, and Andhra Pradesh. These changes were aimed at addressing
public outrage and demands for harsher punishments following high-profile rape
and murder cases such as the rape and murder of Dr. R.G. Kar.
But, can the death penalty solve this issue of sexual harassment of women?,
The death penalty is a highly debated topic when it comes to addressing sexual
assault and rape. In the last 20 years, the number of death sentences handed
down for rape or rape and murder in India has varied. According to a report by
Project 39A of the National Law University, Delhi, in 2019 alone, the number of
death sentences awarded for murders involving sexual offences was the highest
in four years. In 2023, sessions courts across the country handed down 120
death sentences, with 53.3% of these being for sexual offences.
While the death penalty is used in cases of rape and murder, it remains
relatively rare and is often reserved for the most heinous crimes. The overall
number of executions carried out is even lower, as many death sentences are
commuted to life imprisonment or overturned on appeal.
The majority of experts concur that there is no way to address the rising
number of rape cases in India with the death penalty; instead, it is thought to
be more effective to concentrate on increasing conviction rates, witness
protection, and victim support. Research indicates that the death penalty does
not serve as a significant deterrent and may even have the opposite effect by
ignoring systemic flaws in the police and judicial systems as well as gender
inequality. Here are some things to think about:
Arguments in Favor of the Death Penalty,
Proponents argue that the death penalty can serve as a strong deterrent, discouraging
potential offenders from committing such heinous crimes due to the fear of
severe punishment. It can be seen as a way to deliver justice to victims and
their families, providing a sense of closure and retribution for the grievous
harm caused. In cases of extreme brutality, even public sentiment often
supports the death penalty as a fitting punishment for the perpetrators.
Arguments Against the Death Penalty,
Studies and data from various countries suggest that the death penalty does not
significantly deter crime more effectively than other forms of punishment, such
as life imprisonment.
The judicial system is not infallible, and there is always a risk of wrongful
convictions. The irreversible nature of the death penalty means that any
mistake cannot be rectified.
Additionally, the death penalty is often viewed by many as a violation of human
rights, and there is a global trend towards its abolition. Critics argue that
the focus should be on addressing the root causes of sexual violence, such as
patriarchal norms, lack of education, and social stigma, rather than solely on
punitive measures.
In many cases, the legal process for death penalty cases is lengthy and
complex, often leading to prolonged periods of uncertainty for both the
victims' families and the accused.
While the death penalty might address the demand for severe punishment in
extreme cases, it is unlikely to be a standalone solution to the issue of
sexual harassment and rape. A comprehensive approach is needed, which includes
education and awareness, judicial reforms, support systems, law enforcement
training, and community engagement. Therefore, addressing sexual harassment and
rape requires a multifaceted approach that tackles the issue from various
angles, ensuring both prevention and justice.
Has the Present Government Failed to Control This
Issue?,
Undoubtedly, there has been an increase in reported rape cases in the present
scenario. Atrocities against women have been a stark reality of conservative
and patriarchal Indian society for centuries. However, the impunity that
rapists, molesters, and serial offenders are enjoying under the BJP government
is shocking. Rather than making sure the offender is held accountable, our
governments are more concerned with hiding the crime. Most of the time, the
offender is a well-known official, leader, or anyone with connections to power.
A few days are spent conducting a cursory examination, after which the issue is
forgotten.
Reports indicate a rise in rape cases during the BJP's tenure. For example,
there was a 22.2% increase in rape cases reported in 2015 compared to the
average number of cases from 2010 to 2014. Human rights organizations and
political opponents have expressed serious concerns about the increasing number
of rape cases and the government's response to these incidents. Critics argue
that government apathy, judicial delays, police misconduct, and social stigma
are the reasons why despite various initiatives and legal reforms, the
implementation and effectiveness of these measures are proving inadequate.
Additionally, the BJP government has been criticized for its insensitivity to
gender violence, with some leaders accused of downplaying the severity of the
issue. (Source: THE DIPLOMAT)
In conclusion, while significant strides have been
made in legal reforms and initiatives to combat sexual violence in India, the
persistent rise in cases highlights the need for more effective implementation
and societal change. Addressing this issue requires a comprehensive approach
that includes judicial efficiency, robust support systems for victims, and a
cultural shift towards gender equality. Only through collective efforts can we
hope to create a safer environment for women and ensure justice is served.
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