Will gender equality and justice remain a hollow claim or will there be a sincere effort to make them real?

Umakant New Delhi , hardnews

The brutal gang-rape and the attempted murder of a 23 year old young woman in a moving private bus in the night on December 16, 2012 in South Delhi came as a bolt from blue and even numbed the sensitivity of every right thinking person. While recovering this numbness, the students from Jawaharlal Nehru University mustered enough courage to speak out against this barbaric act of rape and attempted murder by leading a massive protest at the Vasant Vihar Police Station on December 18, 2012 and blocked the traffic for couple of hours in Munirka in South Delhi. On not getting any reasonable and satisfactory assurance from the Police, the students continued with regular protests at India Gate, Safdarjung Hospital and even near the seats of power- the President House, Prime Minister’s Office, Ministry of Home Affairs and so on. Women organisations, students both boys and girls from several other places joined the protests and have continued to fight pitched battles with Delhi Police.  The fight with a war cry “We Want Justice” goes on. The spontaneous and largely leaderless protests in the capital city may or not continue, but it has certainly jolted the Government and the entire country. Its effectiveness further would be tasted how much pressure it is able to mount on the Government to commit to bring in measures in principles and also in practice to end violence against women.

The spontaneous protests after the brutal gang rape in Delhi has galvanised similar protest though not in the same manner at several other places in different parts of the country. However, rape cases are being reported at regular intervals from Delhi and other States. The brutality with which rape and other kinds of violence happens against women not only highlights the failure of the criminal justice administration in the country, but also testifies to the fact about moral/ethical and cultural decay and insensitivity on gender issues in the society at large. But most importantly it is also an opportunity to make an honest and sincere assessment about the status of criminal justice administration system as practiced in the country and an attempt to find out whether ending violence against women and girl child is a priority or not? Will gender equality and justice remain a hollow claim or will there be a sincere effort to make them real?

Taking a suo motu cognisance of this brutal rape on 19 December 2012 the Delhi High Court decided to monitor its probe by directing the Police to carry a “high standard” investigation and file the charge-sheet only after the court’s perusal. “None of the details we sought have been mentioned. The bus couldn’t be detected for 40 long minutes so we asked who were the policemen on duty on the route who manned the barricades and PCR vans? When we had asked specific questions why the report is evasive?”. Standing orders were passed on to Delhi Police on 21 December 2012 to report on 9 January 2013 with all the detailed information that the Court had sought from the Police and ensure forensic examination in the crime be “expeditiously conducted by experts” since in many cases delay in DNA and CFSL reports affects the prosecution case.

In the meantime owing to pressure from all quarters, the Government has appointed a three member Committee of Jurists headed by former Chief Justice J. S. Verma to give recommendations on amending laws to provide speedier justice and enhanced punishment in sexual assault cases. The committee will look into possible amendments to the criminal law for faster trial and proper punishment for criminals accused of committing sexual assault of extreme nature against women. The other members of the committee, constituted by the government, are Justice (retd) Leila Seth, former Chief Justice of Himachal Pradesh High Court, and Gopal Subramanian, former Solicitor General of India. The panel has been given 30 days to give its report to the government.

In another development a Commission of Inquiry headed by former judge of the Delhi High Court, Justice Usha Mehra has also been constituted which will look into all aspects of the shocking incident which has caused national outrage and led to angry demands for fixing responsibility among the top brass in city police. The commission of inquiry will suggest ways to make Delhi safer for women. The report is to be submitted in three months.

Whatever may be outcome of these initiatives by the Government, what is pertinent in this regard is to raise some uncomfortable question/s too. The enactment of proper legal instruments in the form of fast track courts and other necessary requirements are being called for but the much needed Police reform remains on the back burner. And the debate continues whether capital punishment is the exemplary form of punishment and whether it should be applied in the “rarest of the rare” cases/s of rape or not? 140 countries around the world have abolished capital punishment from their statute book but India retains it and also justifies it. The experiences of capital punishments have not led to deterrence in crimes, whether hanging of Auto Shankar and Dhananjoy Chatterjee on charges of rape and murder, or for that matter any other such case, the capital punishment has failed to deter crimes being committed at regular intervals. So the question remains: Is capital punishment the only form of exemplary punishment?” “Is life imprisonment not a better alternative?” Are there any other alternative available or not?

Is it not a fact that laws do not operate in isolation? As a matter of fact they operate in a socio-cultural and religious milieu which to a large extent is discriminatory and has allowed the persistence of obscurantist and regressive practices which in turn in many ways have led to growing crimes against women in the country. The combination of a weak criminal justice administration system and the prevalence of wicked cultural norms in society at large gets reflected in large number of crimes being committed against women across the country on a regular basis. The impunity that the perpetrators and even the duty-bearers enjoy along with the non-accountability of the political establishment have nullified the chances of getting justice and human rights to a large extent.

Crime against Women: A Snapshot

  • West Bengal reported 12.7% of total such cases in the country (29,133 out of 2, 28,650). Tripura reported the highest crime rate (37.0) as compared to the National average rate of 18.9.
  • The proportion of IPC crimes committed against women towards total IPC crimes has increased during last 5 years from 8.8% in the year 2007 to 9.4% during the year 2011.
  • Madhya Pradesh has reported the highest number of Rape cases (3,406), Molestation (6,665) and Importation of Girls (45) accounting for 14.1%, 15.5% and 56.3% respectively of total such cases reported in the country.
  • Andhra Pradesh has reported 42.7% (3,658) of Sexual Harassment cases.
  • Cases under Immoral Traffic (Prevention) Act decreased by 2.6% (from 2,499 in 2010 to 2,435 in 2011). Andhra Pradesh (497) followed by Tamil Nadu (420) reported the highest incidence of 24.1% and 17.2% respectively of total cases (2,435) under Immoral Traffic (Prevention) Act.
  • Highest cases of Kidnapping & Abduction 21.2% (7,525) and Dowry Deaths 26.9% (2,322) were reported in Uttar Pradesh.
  • Offenders were known to the victims in 92.9% of Rape cases (22,549 out of 24,270).
  • Cruelty by husband and relatives accounted for 99, 135 cases. Whereas the molestation cases reported during this period was 42, 968.
  • A total of 33,789 cases of crime against women were reported from 53 mega cities out of 2, 28,650 cases reported in the country during 2011. And rate of crime in these cities at 21.0 was comparatively higher as compared to national rate at 18.9.
  • Among 53 cities, Delhi (City) accounted for 13.3% (4,489) of total such crimes followed by Bengaluru 5.6% (1,890) and Hyderabad 5.5% (1,860).
Sl. No.Crime HeadsCrimes Reported
1.Rape 24, 206
2.Kidnapping & Abduction 35, 565
3.Dowry Deaths 8, 618
4.Cruelty by Husband and Relatives 99, 135
5.Molestation 42, 968
6.Sexual Harassment 8, 570
7.Importation of Girls 80
8.Sati Prevention Act 01
9.Immoral Traffic (Prevention) Act 2, 435
10.Indecent Representation of Women (Prohibition) Act 453
11.Dowry Prohibition Act 6, 619
Total 2, 28, 650

Source: “Crime in India 2011”, National Crime Record Bureau,  Ministry of Home Affairs, Government of India, New Delhi

The reported cases of crimes against women as shown in the table here is only an overall picture about the growing cases being reported at the Police Stations across the country. Owing to several factors whatever happens with women within homes and in the society at large which could be classified as crimes do not get reported at all, and there is a genuine apprehension that the actual number of cases may be quite high.

Issues of Concern

Whatever is being reported is still very high cases of crimes against women. What is more worrying is how these reported cases are dealt with by the Police and the Courts.

Status of Cases at the End of the Year 2011

SL no.Crime HeadsCases ConvictedCases Acquitted or DischargedCases Pending Trial at the end of the Year
1.Rape4, 07211, 35179,476
2.Kidnapping & Abduction3, 1748, 11071, 078
3.Dowry Deaths2, 1633, 88729, 669
4.Cruelty by Husband and Relatives8, 16732, 1713, 39, 902
5.Molestation6, 96918, 1741, 62, 277
6.Sexual Harassment3, 6764, 35825, 099
7.Importation of Girls559294
8.Sati Prevention Act001
9.Immoral Traffic (Prevention) Act9181, 07710,115
10.Indecent Representation of Women (Prohibition) Act372571, 006
11.Dowry Prohibition Act7502, 85817, 468
Total30, 26682, 1027, 36, 385

It is very clear from the table shown above that cases ending in conviction are small whereas the cases ending in acquittal are very high and on top of that a very large number of cases were pending trial at the end of the year 2011. How do we explain this? During the course of investigation several cases are closed at the Police Station itself, these may be genuine or even may not be genuine. The Police should file a charge-sheet within three months from the time of the filing of First Information Report (FIR), but in many cases either it is not possible to do so or there are other considerations due to which charge-sheets are not filed up in the Courts. In many cases the alleged perpetrators are not arrested, and if arrested may be released on bail. The long time taken to arrest an alleged perpetrator/s affects the investigation and charge-sheeting. In several instances witness/witnesses may turn hostile and that affects the chances of accused being convicted. There could many more practical problems due to which large number of cases ends up in acquittal and large pendency of cases for trials. These kinds of situations reinforce the much needed reforms in the Criminal Justice Administration in the country.

The brutality with which rape and other kinds of violence happens against women not only highlights the failure of the criminal justice administration in the country, but also testifies to the fact about moral/ethical and cultural decay and insensitivity on gender issues in the society at large

Police Reform 

Though several changes have been made over the years, the Police set up in the country is guided mainly by the Police Act of 1861. The Policing and maintenance of Public Order is to be carried out by the Police. The “law and order” is listed under State list and that is why it is the responsibility of each respective State Governments to bring reforms keeping under consideration the changing scenario and the need for better policing. However, there have several attempts by the Central Government through constituting Commissions and Committees to bring forth the much need Police reforms. The Gore Committee on Police Training (1971-1973); The National Police Commission set up in 1977; Ribeiro Committee on Police Reforms (1980); Padmanabhaiah Committee on Police Reforms (2000); Group of Ministers on National Security (2000-01); Malimath Committee on Reforms of Criminal Justice System (2001-03); Soli Sorabjee Police Act Drafting Committee (2005-06) and even the Administrative Reforms Commission headed by Veerappa Moily (2005-07) had a report on Public Order with several recommendations on Police reforms.

A writ petition filed in 1996 in the Supreme Court and heard over a period of 10 years, resulted in a landmark “Seven Directives” for immediate compliance so as be operative till such time a new model Police Act is prepared by the Central Government and/or the State Governments pass the requisite legislations”. The landmark judgement of the Supreme Court delivered on September 22, 2006 still remains not complied with fully by several State Governments/Union Territories. The matter remains sub-judice.

The moot question remains unanswered: “When will the wretched of the earth be treated equal in dignity and rights along with others”?

Years after years and the not so satisfactory role of the police set up in containing communal, caste and other kinds of disturbances along with its normal functioning, there does not seem to be any urgency on part of the Central Government as well as the respective State Governments and Union Territories. What is preventing the Central Government in promulgating a new model Police Act? It is quite baffling! The protector turning perpetrator/s of serious crimes, their complicity in several illegal activities, shielding of culprits, politicisation on caste and communal lines and several other unsavoury experiences so far has put a question mark on their integrity and accountability. And on top of all these instances of ineffectiveness and gross failure of integrity, there have been clamour for more powers to the Police to check the growing menace of criminal and terrorist activities. The signs of India becoming a Police State is imminent if the hawkish and rabid communal/casteist elements in the Government and administration are allowed a free hand. The fact, however, remains that if India is to remain a democratic country with a built-in system of check and balance and accountability, the Police and the Internal Security set up in the country must adopt human rights standards and laws. Until and unless the Police reforms takes place following human rights based approach, the crisis of governability will remain a sad feature of Indian State.

Intersectionality: A Tool for Gender Justice

In a multi-cultural and multi-ethnic society it becomes all the more important to look at issues taking into consideration the role different social, religious and ethnic groups play in society, economy and polity. Intersectionality therefore becomes an important tool to understand the problems faced by women belonging to different social, ethnic and religious groups. The well entrenched discriminatory practices in society prevents road blocks at every possible stage for women belonging to different social, ethnic and religious groups from accessing justice and human rights. In the context of a largely diverse country like India, women belonging to Dalits, Adivasis, religious and other ethnic groups face multiple set of discrimination and human rights violations in particular apart from being women that they have to face in general. In several instances in the past and even in present times, be it during communal violence, caste violence, or militancy affected states and regions, the women belonging to these groups have always remained at the receiving end as far as securing justice on account of gross human rights violations by the State and even Non-State actors are concerned. It is only through recognising the intersectionality that runs through gender discrimination and violence that their problems could be addressed.

What we have been witnessing in the country is the complete lack of commitment on part of the Government and its agencies at several levels about the need for addressing the gender violence issues in an unbiased and judicious ways. The victims and survivors of Gujarat massacre are still being denied justice. The women in the zones of internal conflict (North Eastern States and Jammu & Kashmir) face violent situations in their day to day life and there have not been any significant progress as far as upholding their human rights are concerned.

Soni Sori is still languishing in jail. Her plea for a probe against the brutal torture and degrading treatment by the Police still remains unheeded. In Chhattisgarh and Jharkhand, Adivasi women remain caught in cross-fires between security forces and the rebel Maoists and end up being the worst sufferers of violence.

Dalit women continue facing harassment, violence and their human rights violated across the country. Even if we focus only on the time period in last two decades, it remains a distressing scenario in the country. From Bhanwari Devi in Rajasthan, Bathani Tola and Lakshmanpur Bathe in Bihar to Khairlanji in Maharashtra and several places in Haryana, Punjab, Uttar Pradesh, Madhya Pradesh, Andhra Pradesh, Tamil Nadu and in other States as well, large number of rape and other kinds of violence against Dalit women are being reported and many still remain unreported. The moot question remains unanswered: “When will the wretched of the earth be treated equal in dignity and rights along with others”?

National Action Plans on Violence against Women  

Considering the enormity of gender based violence in the country the need for an all inclusive and a comprehensive national action plans on violence against women should be accorded top priority now by the Central as well as State Governments and Union Territories. The significance of legal framework, due diligence, cracking impunity and fixing accountability of State as well as non-State actors must be recognised and adhered to while trying to address the issues related to violence against women.

National Action Plan on violence against women as advocated by International Organisations like UN Women and other Human Rights Mechanisms within the UN, stress on three aspects to start with:

v  Acknowledge that violence against women is a violation of human rights;

v  Define violence against women according to international norms; and

v  Respond explicitly to State obligations under international human rights treaties.

Explicitly acknowledging and defining violence against women according to human rights standards in plans provides a strong and coherent framework to Government and civil society stakeholders for cooperative effort. It does not preclude other approaches to preventing and eliminating violence, such as education, health, development and criminal justice efforts, but on the contrary encourages an indivisible, holistic and multi-sectoral response.

The development phase for National Action Plans is a critical period during which these structures should be set up or strengthened to ensure the formulation and later implementation of a coherent, comprehensive and sustained programme of activity

Linking National Action Plans to human rights treaties recognizes that claims to secure rights, including the right of women to live free from violence, do not represent ‘new demands’ but are rightfully claimed as part of the duty of States under international law. National Action Plans provide an opportunity for States not only to develop an effective, comprehensive and nationally-relevant response to treaty obligations and international standards related to violence against women, but also to demonstrate that response, and so aid the reporting process to international bodies. The plan becomes an articulation of Governments’ accountability to women themselves, to all their citizens and to the international community.

National Action Plans on violence against women should:

  • Acknowledge that violence against women is a form of discrimination and manifestation of historically unequal power relations between men and women.
  • Recognize and address the multiple and intersecting forms of violence against women.
  • Draw on and include international research on the root causes, nature and impact of violence against women worldwide.
  • Collate and communicate data and research on the nature, prevalence and impact of different forms of violence against women in the country in question, and identify gaps for future work.
  • Recognize that women’s experience of violence is shaped by factors such as their race, colour, religion, political or other opinion, national or social origin, property, marital status, sexual orientation, HIV/AIDS status, migrant or refugee status, age, or disability.
  • Tailor strategies and actions with regards to the specific issues faced by different groups of women, aiming for equality of outcomes for all women.

Ending violence against women requires change at every level — from State systems and laws through to organizations such as schools, workplaces and support services, local and cultural communities, and down to individual relationships and behaviours. The challenge for the development of National Action Plans is how to translate this imperative into ‘a blueprint for action’ — to identify, coordinate and prioritize the most effective forms of action in the short, mid and long-term.  Because National Action Plans are multi-sectoral and often cross-jurisdictional, their development is not just about drafting actions, but setting up the structures and engaging the stakeholders necessary for its effective implementation. Engagement, advocacy and cooperation, between government departments, between government and non-government organizations, and between people and communities are essential to coordinate and sustain the document’s actions.

Structures for coordination, information sharing and networking, and for the ongoing communication of, and advocacy for, the plan’s messages, are just as important as the plan itself. The development phase for National Action Plans is a critical period during which these structures should be set up or strengthened to ensure the formulation and later implementation of a coherent, comprehensive and sustained programme of activity.

Soni Sori is still languishing in jail. Her plea for a probe against the brutal torture and degrading treatment by the Police still remains unheeded. In Chhattisgarh and Jharkhand, Adivasi women remain caught in cross-fires between security forces and the rebel Maoists and end up being the worst sufferers of violence

The above mentioned framework on national action plan on violence against women as developed by the UN Women may help in preparing and executing a comprehensive action plan as per the local requirements. UN Women Office in the country should also share its expertise with the concerned Governments Ministries and Departments in this regards.

It high time a top priority is accorded by the Government and also by the society at large in tackling the ever growing violence against women in the country. The gruesome and not so gruesome incidents of violence against women happening all across the country on a regular basis every day are black spots on the face and destiny of this country. Every effort must be made to change this or else the goal of an egalitarian society would remain unattainable. Is anyone listening?

The writer is an independent researcher and human rights advocate based in New Delhi.