Rising rape cases in India

The increase in rape cases in India has rekindled the demand for comprehensive legal reforms to address cases of sexual violence and social behaviour leading to provision of stringent punishment including death penalty and immediate reversal for a safer environment for women.
These incidents have fuelled calls for rape action.

What is rape?

According to the Indian Penal Code (IPC) 2023, rape occurs when a man has sexual intercourse with a woman without her consent, against her will, under duress, by deception, or when the woman is under 18 years of age or unable to give consent.

Types of rape in India:

Aggravated rape:

Rape committed by a person having jurisdiction or position of trust over the victim (e.g. police officer, hospital staff or guardian).

Rape and murder:

When the victim dies or goes into an unconscious state due to rape.

Gang rape:

When a woman is raped by several persons at the same time.

Marital rape:

“Marital rape” “means forced sexual intercourse between a husband and wife without the consent of either party.”

Laws relating to rape in India:

The Indian Penal Code (IPC) 2023:

The newly enacted BNS, 2023, which supersedes the colonial-era Indian Penal Code (IPC) 1860, introduces significant changes in the treatment of sexual offences.
The BNS defines serious forms of rape, including gang rape. It provides for stringent punishment for gang rape of minors below the age of 18 years, including life imprisonment or death penalty.

The Criminal Law (Amendment) Act, 2013:

The Nirbhaya rape case in Delhi in 2012 led to an amendment through the Criminal Law (Amendment) Act, 2013, which increased the minimum punishment for rape from seven years of imprisonment to ten years.
In cases where the victim dies or goes unconscious, the minimum punishment was increased to 20 years of imprisonment.
Further, even through the Criminal Law (Amendment) Act, 2018, more stringent penal provisions were made including death penalty for rape of a girl below 12 years of age.

The Protection of Children from Sexual Offences Act, 2012 (POCSO):

Protects children from sexual violence, harassment and pornography.

Rights of rape victims in India:

Right to Zero FIR:

Victims can lodge a zero FIR in any police station irrespective of its jurisdiction. The FIR will be transferred to the appropriate station for investigation.

Free medical treatment:

Under Section 357C of the Code of Criminal Procedure (CrPC) 1973 (which has now been replaced as the Indian Civil Security Code (BNSS) 2023), all hospitals must provide free medical treatment to rape victims.

End of the two-finger test:

No doctor will have the right to conduct a two-finger test while conducting a medical examination, which is considered a violation of the dignity of the victim.

Harassment-free time-bound testing:

The statement shall be recorded by the woman police officer or any other officer at a time and place convenient to the victim.
The statement will be recorded in the presence of the victim’s parents or guardian. If the victim is dumb or mentally retarded, the presence of an analyst will be necessary to decipher the signal.

The right to compensation:

Section 357A of the CrPC provides for compensation to victims under the compensation scheme prescribed by the National Legal Services Authority.

Dignity and Protection during Trial Proceedings:

The trial should be conducted in-camera, in which no unwarranted questions should be asked about the sexual history of the victim and, if possible, the trial should be conducted by a woman judge.

The reason for the increase in rape cases in India:

Generalization of rape:

It refers to a sociological environment where sexual violence is considered normal and condoned, leading to an increase in rape cases. It is based on a variety of behaviours and attitudes.

Improper view of rape:

Improper comments about sexual violence tend to underestimate the seriousness of such crimes.

Sexist behavior:

Acts and attitudes that demean women often perpetuate negative stereotypes.

Blaming the victim:

Instead of focusing on the perpetrators, blaming the victim for the violence only adds to its complexity.
In the cultural view, victims are blamed for the way they dress, a view shared by 68% of judges surveyed in India. This negative attitude reinforces the culture of victim blaming.
Victims are often shamed and accused, which further adds to their mental trauma and discourages them from reporting the crime. This lack of reporting contributes to the increase in rape incidents.
This culture not only reduces their personal freedom but also limits their opportunities and social prestige.

Alcohol addiction:

Alcohol consumption is a significant factor in the increasing rates of rape. This reduces decision-making ability and can lead to more aggressive and violent behaviour.

Anti-female portrayals in the media:

Films and shows in India often portray women as objects. This portrayal reinforces negative stereotypes and behaviours that contribute to rape culture.

The gender imbalance:

A higher number of men than women in the population is related to an increase in the rate of rape.
According to the 2011 census, the sex ratio of the country was 940 females per 1,000 males. This gender imbalance creates a demographic environment where the incidence of sexual violence is high.

Inadequate Women Police Representation:

In the year 2022, there were 11.75% women officers in India’s police force. This low percentage means that women victims of sexual assault may struggle to report their cases to women officers, who are often given priority to handle such sensitive issues.

Acceptance of domestic abuse:

This normalization of domestic violence reinforces negative behavioral patterns by extending to a broader tolerance towards sexual violence and reduces the likelihood of victims seeking help or receiving adequate support.

Blaming victims for unethical behavior:

“Women who engage in behaviours considered” “immoral” “(such as drinking alcohol or going out late at night) are unfairly blamed for attacks on them, reflecting wider social issues.”
This fault perpetuates a culture that fails to provide adequate protection to women, leading to an increase in rape-related crimes.
Some individuals believe that women can escape sexual harassment and violence by making changes in their behavior.

The advice to keep quiet:

Victims are often advised not to report their harassment for fear of social judgment and personal embarrassment. This silence protects the perpetrators and continues the cycle of abuse.

Why is India’s rape conviction rate so low?

Low Conviction Rate:

The number of reported rapes remains alarmingly high (except for a decline during the COVID-19 pandemic in 2020). more than 30,000 cases have been consistently reported in the annual report since 2012).
More than 31,000 rape cases were reported in 2022, which shows the seriousness of the issue. Despite stringent laws, conviction rates for rape have been low (ranging between 27%-28% from 2018 to 2022, according to National Crime Records Bureau data).

Institutional issues:

Corruption in legal and law enforcement systems, along with bribery and abuse, hinder the resolution of rape cases.
Many incidents of rape go unreported due to fear of retribution, lack of trust in the system or ineffectiveness of the legal process.

Socio-cultural factors:

From a social point of view, victims are subjected to undue pressure of investigation, due to which the victim is blamed, and they are discouraged from getting justice.
Sufferers may stay away from the legal process for fear of social rejection and stigma.

Inconsistent Law Enforcement:

The effectiveness of rape laws in India is undermined by inconsistent law enforcement, which hinders equitable enforcement.
The BNS, 2023 does not adequately explain sexual offences against men and transgender persons, reflecting the significant gap in the legal framework and the challenge related to ensuring consistent and inclusive law enforcement across the country.
Marital rape is not considered a crime in India, which is supported by old notions of the sanctity of marriage. This legal indifference perpetuates a culture where consent in marriage is often ignored, leading to widespread complicity in rape.
Inadequate evidence collection and investigation can weaken cases, making it difficult to secure convictions.
Corruption and inefficiency in the police force can fuel these issues, resulting in irregularities in investigations.
As an example: The 2020 Hathras case exposed serious lapses on the part of the police, including delayed action and misrepresentation of evidence, exposing systemic issues in the investigation processes.

Ineffective legal aid:

Many victims of rape do not receive adequate psychological, legal or medical support, which can affect their ability to access justice.
In the absence of strong support systems, the process of getting justice may be more difficult and the chances of conviction may be less.

Overload on the judicial system:

The Indian judicial system continues to have a plethora of cases, due to which the quality of justice can be compromised along with the delay in justice.

Overburdened with workload, courts fail to give the required attention to each case, which may affect the outcome of the case.

The slow pace of judicial proceedings leads to delay in getting justice. Delays in trials can reduce the effectiveness of evidence and witnesses, reducing the chances of conviction.

As an example: Despite the speedy trial of the Nirbhaya case, it took more than seven years to reach a conclusion, which shows the inefficiencies of the judicial system.

Implications of rising rape cases:

Restrictions and security concerns:

Women already face considerable restrictions on their movement and freedom due to social norms and security concerns.
Increasing cases of rape further limit their freedom as the fear of violence impairs their ability to travel and participate in public life.

Impact on the dynamics of the workplace:

Increasing sexual crimes at workplaces can hinder women’s careers, affecting gender diversity in companies.
Companies may face difficulties in recruiting and retaining women employees if workplace safety and harassment issues are not adequately addressed.
Rape survivors may face challenges in maintaining employment or taking advantage of career opportunities due to trauma or stigma.

The economic consequences:

The need for medical treatment and psychological support for survivors increases the cost of health care.
These expenditures can strain public health resources and affect the economic stability of individuals and families.
The economic impact of sexual violence extends to families and communities, which can affect overall productivity.

The loss of faith:

The prevalence of rape can reduce people’s trust in law enforcement and the justice system, leading to a sense of insecurity.

Strengthening of gender stereotypes:

Increasing cases of rape can limit women’s opportunities by reinforcing negative gender stereotypes and discriminatory attitudes and perpetuating gender inequality.

Solution:

Legal Reforms:

Evidence suggests that harsh punishments such as the death penalty are not able to prevent sexual violence. Since the conviction rate in rape cases in India is less than 30%, the real issue lies in the efficiency and fairness of the judicial process rather than the harshness of the punishment.
In addition, awareness campaigns about the consequences of rape and related punishments should be increased to deter potential perpetrators, as many people are not aware of the legal consequences.
Other recommendations should also be taken into consideration while implementing the Justice Verma Committee Report of 2013 (which recommended significant reforms including police reforms to deal with rape crimes and criminalisation of marital rape).

Changing social attitudes:

It is important to educate society about consensual and respectful behaviour. This includes denying rape and challenging the victim blaming approach. Promoting empathy and support for victims can help change public perceptions.

The Media’s Responsibility:

Media outlets must be held accountable for the performance of women. Content that objectifies or denigrates women should be criticized and regulated.

Health and Sexual Education:

Comprehensive sex education programmes should be included in schools and colleges. This education includes attention to consent, respect, and the harmful effects of pornography.

Help for the victims:

It is very important to create a supportive environment for victims, where they are not blamed or blamed. Providing mental health resources and legal aid can help victims get justice.

Conclusion:

Rape is a serious crime that destroys social values and security along with harming individuals. India’s legal framework is focused on protecting victims, but significant challenges remain. Strict enforcement of laws, educating people and changing societal attitudes towards sexual violence are important to promote a safe society. Ensuring justice for victims and holding perpetrators accountable are critical to ensuring a more just and safer environment for all women.