A shared concern

Ramifications of rising crimes against women are not limited to any specific gender. Men must assume the frontal role in limiting the scourge in favour of a just, beautiful, and productive society

- KDP RAO

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.