A shared concern

After the heart-rending case of Nirbhaya in 2012, the Hyderabad Toll Gate rape and murder in 2019, the cruel gang rape and murder of a Dalit girl in Hathras in 2020, and now the appalling barbaric incident claiming the life of a young woman doctor in Kolkata last month, has come as a shock to the nation and outraged society. Despite the increased participation of women in all walks of life, gender violence has also apparently increased across the country. The NCRB reported a 26.35 per cent rise in crimes such as rape, kidnapping, sexual harassment, domestic violence, and illegal trafficking in most states between 2016 and 2021. Physical security is fundamental to enjoying the constitutional guarantee of life and liberty provided under Article 21. The challenge is how best we can ensure it for women.

West Bengal unanimously passed the Aparajita Bill earlier this month, which seeks to amend the punishment for rape under Section 64(1) of BNS, increasing the sentence from 10 years to rigorous imprisonment that may extend to life imprisonment or death. Earlier, Maharashtra and AP also passed such bills, though they are yet to be enacted. Stringent punishments for crimes against women, of course, act as a deterrent. However, what matters most in criminal justice is the certainty of punishment rather than the severity of the law. According to MHA reports, in 2021, only 29 per cent of prosecutions led to convictions. The staggering 96 per cent pendency of cases, despite fast-track trials, results in the virtual denial of justice. The Parliamentary Standing Committee on Home Affairs observed a serious mismatch between measures adopted and their implementation. It noted that 257 police stations lacked vehicles and 638 lacked telephones. The committee recommended, among other things, strengthening mechanisms with SOPs for the registration of FIRs and training police personnel. However, procrastinated investigations and weak prosecutions undermine the purpose of the law.

Though the burden of proof in rape cases (regarding consent) is cast on the accused under Sec. 114A of the Indian Evidence Act (amended in 1983 after the Mathura Rape case), the section does not impose a similar burden on the accused for other serious crimes against women, which are no less severe than rape. Crimes such as human trafficking, abduction, domestic violence, and murder are examples. Perhaps Indian jurisprudence needs to be more considerate of women, as they are a special class of citizens and among the most vulnerable, regardless of demographic or cultural divisions. A legal position that presumes guilt against the accused would be a strong deterrent to perpetrators. Unfortunately, much is still lacking, even from law enforcement agencies. A few days ago, the Andhra Pradesh government suspended three senior police officers for an alleged criminal conspiracy in 2023 against a woman model and an actor, who, along with her parents, was arrested and detained for 40 days, enduring mental and physical torture. The collusion of police with perpetrators is the worst-case scenario in the narrative of gender violence.

Stringency in law should also mean the absence of lenience in serving sentences. However, in most cases, convicts seem to regularly enjoy parole for weeks, walking out of jail frequently without showing any semblance of remorse. Worse, even convicts serving life sentences for murder or rape charges are sometimes granted pardons and set free, making a mockery of criminal justice. Birth, death, marriage, and other events are occasions for granting parole after serving a minimum of one year in prison. The Prisons (Furlough and Parole) Rules, 1959, are meant to reform convicts by maintaining continuity with family and society.

In reality, parole has become a convenient medium for reconnecting with the criminal world on and off. The collusion between jail authorities and high-profile convicts under political patronage would be a secret only to an imbecile. Each state in India has its own parole rules, and political factors seldom fail to influence the outcome. There are 65 countries, including Bulgaria, England and Wales, Estonia, Kenya, Sweden, Turkey, Ukraine, and the US, where 'life without parole' is in practice, while in others, like Vietnam, amnesty is granted only after 20-30 years of imprisonment. Parole has been a subject of debate worldwide, and India has even more reasons to review the system, at least selectively, in cases of gender violence.

A liberal society is a precursor to women's safety. It is observed that in states with higher social mobility (southern and eastern states), crime rates against women are lower. Conformist social values undermine the purpose of laws; unfortunately, even the ‘educated’ men and women promote the patriarchal narrative. Widows, divorcees, and single women continue to be ostracised by society, not to mention honour killings. Objectification of women, nudity, and vulgarity are sold as entertainment on OTT platforms. The overall social environment remains hostile to women's safety and dignity, let alone empowerment. India is undergoing a transition where modern social values are confronting orthodox diktats—examples include live-in relationships, single parenting, and LGBT rights. The state has the responsibility to facilitate a smooth transition to a tolerant society by reinforcing the rule of law.

Finally, a robust ecosystem for the protection of women is of utmost importance to prevent crimes before they occur. As Jackson Katz, a globally renowned scholar and activist on issues of gender and race, observes, gender violence is not a women's issue but a men's issue, as perpetrators come from the dominant group in society. Men need training in leadership, not just sensitisation, to prevent abusive behaviour and crimes against women. As civil rights activist Martin Luther King Jr. incisively put it, "In the end, what hurts us most is not the words of our enemies but the silence of our friends." We need a paradigm shift that transforms men from bystanders to leaders, as every man is connected to a woman in his life—whether as a son, brother, father, husband, etc. The onus lies more on men in power, particularly those holding public offices, to lead the campaign for women's protection in every walk of life. As Martin Luther King Jr. also said, "Injustice anywhere is a threat to justice everywhere." Men in power must set examples to inspire others. We need a more proactive system to prevent crime, rather than a passive complaint box. The barbaric incident at RG Kar Hospital in Kolkata last month points to a persistent criminal neglect of responsibility by the men in power there, which emboldened the accused.

Instead of engaging in dubious moral policing or vigilantism, men should proudly take moral responsibility to prevent crimes against women, everywhere. That is true manliness. Only "cowards hide behind silence," says Paulo Coelho.

The writer is a former Addl. Chief Secretary of Chhattisgarh. Views expressed are personal