Despite decades of legal reforms, the safety of women in India remains a deeply troubling issue. Statistics reveal a grim reality — every four hours, a woman is raped in India, translating to 90 women daily. These numbers represent only the reported cases, hinting at an even darker, unseen world where countless victims remain silent. The Indian judicial response, from the 1978 Tukaram v State of Maharashtra case to the 2012 Delhi gang rape case, has often left much to be desired.
The legal system places the burden of proof squarely on the victim, forcing her to navigate a maze of obstacles to prove her assault was non-consensual. The doctrine of "innocent until proven guilty," though essential in principle, often adds an additional layer of trauma for survivors. Moreover, despite Supreme Court directives aimed at improving counselling and medical treatment for rape victims, these services remain grossly inadequate in practice. Police insensitivity and societal stigma further exacerbate the problem, creating an environment where predators feel emboldened.
While public outrage over high-profile cases, such as the December 2012 gang rape, has led to protests and momentary media attention, the societal response is fleeting. Even fast-tracked cases take years to resolve, offering little solace to victims. The seven-year wait to execute the 2012 convicts is emblematic of a justice system that is slow and frustrating for survivors.
Recent legal reforms, including the introduction of the Bharatiya Nyaya Sanhita (BNS) and associated acts in 2023, are steps towards tightening rape laws. However, the persistence of cases like the R G Kar Medical College incident in West Bengal underscores the inadequacy of current deterrents. Stronger punishments may be crucial in cultivating a fear of legal consequences among perpetrators. Countries with swift and severe punishments for sexual violence report significantly lower incidence rates.
In this context, West Bengal's Aparajita Woman and Child Bill, 2024, offers a potentially transformative solution. By introducing capital punishment for rapists whose actions result in death or a vegetative state, and mandating a fast-tracked trial process, the Bill sets a new standard for deterrence. However, laws alone are insufficient. For true change, India must build a more compassionate system for victims and foster societal change that condemns violence, not the victim. Only then will women in India feel truly safe.