Syllabus
GS Paper 1 – Role of women and women’s organization, population and associated issues, poverty and developmental issues, urbanization, their problems and their remedies.
Context
The annual number of reported rapes in India is a reflection on the failure of the police, the prosecution, the courts, and the prisons
Source
The Hindu| Editorial dated 27th August 2024
A proper probe alone can ensure timely justice
Crimes against women remain a critical concern in India, highlighting the persistent gaps in the criminal justice system and societal attitudes toward gender-based violence. Despite legislative reforms and enhanced legal frameworks post-2012, the frequency of such incidents continues to raise alarms, demonstrating a need for comprehensive strategies to protect women and ensure justice.
Recent Incidents and National Outrage
- Trainee Doctor’s Death in Kolkata: A postgraduate trainee doctor was found dead after a 36-hour shift at R.G. Kar Hospital, Kolkata, on August 9. Forensic reports confirmed that she had been raped. This incident led to widespread protests and national outrage.
- Sexual Abuse in Badlapur, Maharashtra: Two kindergarten girls were sexually abused, prompting further public outcry.
- Prime Minister’s Response: During his Independence Day speech, he emphasized the need for swift investigations and creating fear among culprits to deter such crimes.
Legal Changes Post-2012 Delhi Gang Rape
- Changes in Law: Following the 2012 Delhi gang rape, the Indian government introduced several reforms:
- Broadened Definition of Rape: The legal definition was expanded to include non-penetrative acts.
- Fast-Track Courts: These were established to expedite cases involving sexual offenses.
- Reduced Age Threshold: Individuals aged 16 and above can now be tried as adults for sexual offenses.
- Persistently High Levels of Sexual Violence: Despite these reforms, sexual violence remains alarmingly high.
- Government data indicates that in 2018, one woman reported a rape every 15 minutes in India.
- By 2022, there were over 31,000 reported rapes, showing an increase from 25,000 cases around the time of the 2012 incident.
Systemic Failures in the Criminal Justice System
- Collective Failure of Four Components: The high number of rapes reflects a systemic failure across the four key components of the criminal justice system:
- Police: Responsible for investigations, but often delay FIR registration and fail to preserve crime scenes, leading to weak cases.
- Prosecution: Struggles to secure convictions due to poor initial investigations.
- Courts: Protracted trials and delays in sentencing diminish the deterrent effect of the law.
- Prisons: Delays in execution of sentences, as seen in the 2012 Delhi gang rape case where the culprits were hanged seven years after their conviction.
- Lack of Confidence in State Investigative Agencies: Many high-profile cases are transferred to the Central Bureau of Investigation (CBI) due to public and media outcry, indicating a lack of trust in state police agencies.
Revamped Criminal Justice System
- Mandatory Forensic Examination: Under the revamped system, forensic examinations are required for crimes punishable by seven years or more in prison. This aims to enhance evidence collection and improve conviction rates.
- Bharatiya Nagarik Suraksha Sanhita, 2024 : This new code replaces the Code of Criminal Procedure, 1973, and includes:
- Video-Taped Forensic Examinations: Ensures transparency and accuracy in evidence collection.
- Fixed Timelines: Specifies time limits for investigating agencies to take action on complaints, file charge sheets, and process mercy petitions.
- This also includes provisions for e-FIRs for women and time-bound hearings.
- Challenges in Implementation: The effectiveness of these reforms’ hinges on thorough and timely investigations by the police.
- Failure to collect complete and accurate forensic evidence often leads to botched investigations, resulting in acquittals and delays in justice.
Way Forward
- Improving Police Accountability and Training
- Strict Accountability Measures: Implement strict protocols for accountability within the police force.
- Officers who fail to follow procedures, delay FIR registration, or botch investigations should face disciplinary actions.
- Enhance Police Training: Focus on sensitizing law enforcement personnel about gender-based violence and proper handling of cases involving crimes against women. This includes understanding trauma-informed practices and preserving the integrity of crime scenes.
- Streamlining Judicial Processes
- Fast-Track Courts Expansion: Increase the number of fast-track courts to handle the backlog of sexual violence cases efficiently.
- Ensure these courts have adequate resources and trained personnel to deal with such sensitive cases.
- Time-Bound Trials and Appeals: Enforce strict timelines for the completion of trials and appeals in cases of sexual violence.
- Delays in judicial processes should be minimized to ensure swift justice.
- Strengthening Forensic Capabilities
- Upgrading Forensic Infrastructure: Invest in modernizing forensic labs with advanced technologies and ensure they are adequately staffed. This will help in quick and accurate processing of evidence, which is crucial for securing convictions.
- Educational Curriculum Reform: Integrate gender sensitivity and awareness about sexual violence into school and college curricula to cultivate a culture of respect and equality from a young age.
- Strengthening Support Systems for Victims
- Victim Support Services: Establish comprehensive support services for victims, including legal aid, psychological counselling, and rehabilitation services. Create a network of shelters and crisis centres accessible to victims across the country.
- Witness Protection Programs: Implement robust witness protection programs to ensure the safety and cooperation of victims and witnesses during trials.
- Leveraging Technology for Crime Prevention
- Enhancing Surveillance and Reporting Mechanisms: Utilize technology for better surveillance, such as installing more CCTV cameras in public places and developing mobile apps for reporting crimes. This can increase the speed and efficiency of police response.
- Data Analytics for Crime Pattern Analysis: Use data analytics to identify crime patterns and hotspots, allowing for proactive measures and better allocation of law enforcement resources.
- Legislative Reforms and Policy Implementation
- Regular Review of Laws: Periodically review and update laws related to sexual offenses to address any gaps and ensure they reflect contemporary challenges and societal needs.
- Monitoring and Evaluation of Policy Implementation: Establish a mechanism for continuous monitoring and evaluation of policy implementation at the state and national levels to identify shortcomings and make necessary adjustments.
Conclusion
The fight against crimes against women in India necessitates a multi-faceted approach that combines legal reforms, effective policing, judicial efficiency, and societal change. Strengthening the response mechanisms, ensuring timely justice, and fostering an environment where women feel safe and supported are crucial steps toward reducing gender-based violence.
Related PYQ
What are the continued challenges for women in India against time and space? [ UPSC Civil Services Exam – Mains 2019]
Practice Question
Despite numerous legislative reforms and judicial pronouncements, crimes against women continue to be a serious challenge in India. Comment? [150 words]
Guidelines for Answer
- Introduction:
- Begin by briefly outlining the persistent issue of crimes against women in India. Mention the various forms of crimes, such as domestic violence, sexual assault, rape, and harassment, that women face.
- Body
- Highlight the Legislative Reforms: Note that India has introduced significant legislative reforms and judicial pronouncements to address these crimes, particularly after high-profile cases like the 2012 Nirbhaya case.
- Judicial Pronouncements: Discuss landmark judgments that have sought to protect women’s rights and ensure swift justice, such as the Vishaka Guidelines (1997) against sexual harassment at the workplace and recent Supreme Court rulings enhancing women’s safety and rights.
- Reasons for Persisting Challenges: Mention despite strong laws, there is often a lack of proper implementation and enforcement by law enforcement agencies.
- Highlight Measures to Effectively Address the Issue: Ensure rigorous enforcement of existing laws through better training of police and judicial officers.
- Conclusion
- Summarize the Need for Comprehensive Approach: Conclude by emphasizing that addressing crimes against women requires a multifaceted approach that includes stringent law enforcement, judicial efficiency, societal change, and enhanced support systems.