Why Does India Face a Persistent Crisis of Sexual Violence Against Women

 

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.

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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.