By Meghna Prasannan Ponganam –
*Please note: This is a sensitive issue. If you are not comfortable, please do not read on.
Despite the introduction of tougher laws, violent crimes against women have been steadily rising in India. A recent Thomson Reuter Foundation Poll even named New Delhi as one of the worst cities in the world for violence against women, even going as far as labelling it India’s rape capital.
Following the infamous Delhi Gang Rape of 2012 that involved a 23-year-old physiotherapy student, the Indian government set up a committee of legal experts to recommend ideas and make amendments to current laws to reduces the sexual violence that was rampantly occurring throughout the country. Over 80,000 recommendations and ideas were put forth and eventually a number of those went on to form the basis of the Criminal Law (Amendment) Act 2013. It gave many women around the country hope at the possibility of change.
The Criminal Law (Amendment) Act 2013 brought about significant changes to the laws surrounding sexual abuse and violence against women. The old definition of rape was expanded to ensure acts that weren’t once considered as sexual abuse fell under that heading. Incidents like stalking, voyeurism, acid- associated violence were now considered specific offences with associated punishments. The punishment for rape also become stricter and separate punishments for repeat offenders were introduced, including the possibility of the death sentence. The amendments also redefined, to a certain extent, the idea of what could be considered appropriate consent. The new laws stated that the lack of physical struggle by the victim could no longer be used as evidence of consent. Many regressive tests once used to gather evidence such as questions about the victim’s sexual history were also removed. This move also aimed to deal with the problem of victim shaming.
Fast-track courts were set up for rape cases with day to day hearings and strict deadlines as to when the trials needed to be completed.
The laws weren’t perfect and there were gaps in the amendments. For example, marital rape was still considered under the banner of sexual abuse but nonetheless, the new changes opened conversations that for too long had been silenced.
One of the main problems surrounding sexual abuse that came to light during this period was the lack of reporting of such incidences to legal authorities. Since the new laws have been put in place there has been a 39% increase in sexual abuse complaints being reported (according to Human Rights Watch) which is definitely a positive sign. However, the same report also highlighted that despite the increase in reporting the actual enforcement of policies and assurance of justice for the survivor still remain largely unchanged.
Legal progress has definitely been made since 2012, however the issue of sexual violence in India, especially against women, still remain prominent across the country.
The problem is obvious but it’s painful to admit. Accepting flaws is never easy, which is why defensive outrage and deflection are inevitable response. It also explains why many politicians around the country have resorted to finding any other explanation possible for the current problem.
Recently an Uttar Pradesh’s ruling BJP (Bharatiya Janata Party) lawmaker Surendra Singh accused parents of youth for the growing incidents of rape stating that allowing them to roam around freely is the main reason for “social evil”. A former Chief Minister of India, Om Prakash Chautala, stated that the only way to reduce rape is to marry off girls and even went as far as supporting the reduction of the legal age of marriage. When individuals start to believe that the solution to sexual motivated crimes lies in child marriages, it’s a clear indication that the problem can’t simply just be solved by legislation. Another startling problem that these statements highlight is the ingrained shifting of blame from the accused to the victim. These comments show a clear social stigma surrounding survivors of sexual abuse, further contributing to why many chose to remain silent about their experiences. This combined with a legal system that fails in many cases to convict the perpetrator, its becomes clear why these crimes still exist within society.
Earlier this year a video on The Quint’s (a multi-platform news company) YouTube page, provided inside into societal attitude still held by locals of the Indian state of Haryana. Its confronting, but at the same time it perfectly highlights many of the beliefs still held by individuals throughout the country, that helps to fuel the problem of sexual violence. People from all generations quote reasons like wearing jeans, smiling, roaming the streets as adequate and appropriate reasons that justify sexual assault.
A mother of a perpetrator even, questioned, why only her son was sent to jail after sexually assaulting a 17-year-old since, in her eyes, the blame lies with both parties. It also doesn’t help when high ranking politicians reinforce such beliefs with their own statements, making these individual even more confident in their notions.
There is no easy solution and whilst legal legislation is important, on its own it is not sufficient. Attitudes need to be changed and many need to accept that a woman’s positions in society is not limited to the kitchen.
