The recent rape and murder of a trainee doctor in Kolkata has ignited widespread protests across India, highlighting the persistent issue of sexual violence despite decades of legal reforms and promises of stringent crackdowns. Women have taken to the streets in anger, demanding justice and action from a system that seems to have failed them repeatedly.
The gang-rape and murder of a 23-year-old student in December 2012 marked a turning point in India’s approach to sexual violence. This horrific crime led to widespread protests and a global outcry, culminating in significant changes to the country’s criminal justice system. The government introduced a series of reforms, including harsher penalties, to address the rampant sexual violence plaguing the nation.
Among the changes were tougher sentences, including a minimum of 10 years in prison, with the possibility of life imprisonment or even the death penalty for cases involving victims younger than 12. The reforms also expanded the definition of rape to include non-penetrative acts, established fast-track courts to expedite cases, and lowered the age threshold so that 16-year-olds could be tried as adults for such offenses.
Despite these measures, the number of reported rape cases in India has remained alarmingly high. According to data from the National Crime Records Bureau (NCRB), police recorded up to 25,000 rape cases annually around the time of the 2012 attack. Since then, the number of cases has largely stayed above 30,000 per year, with a peak of nearly 39,000 in 2016. In 2018, a government report revealed that one woman reported a rape every 15 minutes across the country.
The persistence of high rape rates, even after significant legislative changes, reflects deeper systemic issues within India’s criminal justice system. Senior criminal lawyer Rebecca M. John, who has represented numerous rape victims, attributes some of the problem to an “absence of fear of the law” among perpetrators. She points to inconsistent application of the law and poor policing as critical factors contributing to the high incidence of sexual violence.
The conviction rates for rape in India, ranging between 27% and 28% from 2018 to 2022, are among the lowest for serious crimes, including murder, kidnapping, rioting, and causing grievous hurt. This is in stark contrast to other countries with more effective legal frameworks. For instance, in Britain, the conviction rate for rape cases was 60.2% in the fiscal year 2023-24, while in Canada, 42% of sexual assault cases resulted in a finding of guilt in 2016-17.
John also notes that the introduction of tougher sentences may have inadvertently contributed to the low conviction rates. Judges, faced with the prospect of imposing severe penalties such as life imprisonment or the death penalty, may become more hesitant to convict unless the evidence is incontrovertible. This reluctance, she argues, could lead to a higher number of acquittals, even when there is sufficient evidence to support a conviction.
The crisis of sexual violence in India has been brought into sharp focus by a series of highly publicized cases. In 2018, a 26-year-old man in central India was sentenced to death three weeks after his arrest for the rape and murder of a baby girl. The swift action in this case demonstrated the severity of the issue but also underscored the need for a more consistent and comprehensive approach to justice.
In 2019, four men suspected of raping and killing a 27-year-old veterinarian near Hyderabad were shot dead by police during an encounter. The police claimed the men attempted to seize their weapons, leading to their deaths. This case sparked a debate over extrajudicial killings and the efficacy of the justice system in handling such cases through legal means rather than violent retribution.
The 2020 gang-rape of a 19-year-old girl in Hathras district, followed by her death in a hospital, triggered nationwide outrage. The case highlighted the failures of the criminal justice system and the urgent need for reform. Protests erupted across the country, with citizens demanding justice for the victim and systemic changes to prevent future atrocities.
The continuing high levels of sexual violence in India despite legal reforms indicate that changes to the criminal justice system alone are insufficient. To address the issue comprehensively, a multifaceted approach is needed, focusing on prevention, enforcement, and societal attitudes.
Improving policing and ensuring consistent application of the law are critical. The government must invest in training and resources for law enforcement agencies to better handle sexual violence cases and support survivors. Additionally, efforts must be made to address societal attitudes towards gender and violence, including educational programs aimed at changing perceptions and behaviors.
Reforming the legal system to balance stringent penalties with fair and effective judicial processes is also essential. This includes revising sentencing guidelines to ensure that they do not inadvertently lead to a higher number of acquittals due to overly harsh penalties.
Moreover, increasing support for survivors, including legal aid and counseling services, can help ensure that victims receive the justice they deserve. Strengthening these support systems can empower survivors to come forward and pursue justice, knowing they will be treated with dignity and respect.
The recent rape and murder of a trainee doctor in Kolkata has reignited public outrage over the issue of sexual violence in India. While legal reforms have been implemented in response to high-profile cases and widespread protests, the persistently high levels of sexual violence indicate that more comprehensive and sustained efforts are needed. Addressing systemic issues within the criminal justice system, improving societal attitudes, and providing better support for survivors are crucial steps toward creating a safer and more just society for women in India.
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