Skip to main content

Delay in punishing guilty of rape, murder: Police laxity, lengthy court procedures, lack of evidence

By Vikas Meshram*  

The problem of atrocities against women has become very serious in today's society. This not only destroys the lives of victimized women but also has a negative impact on the entire society. The root cause of this problem is many -- social, cultural, economic, and legal neglect. It is extremely necessary to take immediate and effective strict action on it.
The nature of atrocities against women can be of various types. 
Domestic violence, sexual harassment, mental torture, child marriage, human trafficking, and exploitation in the name of dowry are all part of this problem. These atrocities not only affect women's physical health but also destroy their mental, social, and economic lives.
Strict action is an essential step to curb atrocities against women. This action sends a positive message to society that no form of atrocity against women will be tolerated. This action is necessary to provide women with a safe and respectful environment. If the culprits are punished promptly and severely, people will be deterred from committing such crimes in the future.
The laws regarding atrocities against women in the country have often not been effective. Because many times the accused are not promptly and properly investigated, or the guilty benefit from escape routes. Police laxity, lengthy court procedures, and lack of evidence delay the punishment of the guilty. For this, a technique should be developed to make the laws more stringent and implement them quickly.
The severity of laws is one side, but bringing about a change in the mentality of society is extremely important. Atrocities against women are not just a legal problem, but also a social problem. Even today, women are given secondary status in many societies. In such a situation, it is necessary to take strict action against atrocities against women. It is necessary to make society aware of this issue through education and public awareness. Because in the recent past, incidents of atrocities against women have been increasing day by day.
According to the figures reported by the National Crime Records Bureau (NCRB), 4,45,256 cases of total crimes against women were registered in 2022, which is more than in 2021 (4,28,278 cases showing a 4% increase). While 1,551 cases were registered in the category of rape/gang rape between 2017 and 2022. 
The highest number of 294 rape/gang rape murder crimes were recorded in 2018 and the lowest 219 cases in 2020.
This report comes against the backdrop of ongoing outrage over the brutal rape-murder of a doctor at a government hospital in Kolkata and recent incidents of sexual violence in other states, which shows that violence against women, murders and rapes are taking place on a large scale across the country and there has been a significant increase in cases.
If we interpret it year-wise, we will find that this number was 223 in 2017; 283 in 2019; 284 in 2021 and 248 in 2022. State-wise figures over six years show that UP has the highest (280), followed by Madhya Pradesh (207), Assam (205), Maharashtra (155) and Karnataka (79).
An analysis by the Commonwealth Human Rights Initiative states that during 2017-2022, an average of five (4.9) incidents of rape/gang rape and murder occurred every week. NCRB started recording data on murder following rape/gang rape as a separate category in its annual 'Crime in India' report from 2017.
Considering the prosecution and reaching the verdict in cases of atrocities against women, out of 308 cases where trials have been completed, two-thirds (65%) of cases (i.e. 200 cases) have been convicted. In more than one-third of the cases, either the accused were acquitted or found not guilty. There can be many reasons for this, which may include the victim not fighting the case properly or withdrawing the case due to pressure from the accused. 
The society that gives women the status of a goddess cannot give them equal status should be a matter of great concern
The conviction rate was lowest (57.89%) in 2017 and highest (75%) in 2021. It slipped to 69% in 2022. This means that although there has been an increase in incidents of violence and rape against women, the rate of their punishment has decreased, which is a matter of concern.
NCRB data also shows that the number of gang rape/murder cases in trial courts has increased year by year. The total number of cases, meaning backlog and new cases sent for trial, was lowest at 574 in 2017, which has increased to 1,333 by 2022, an increase of 132%.
The society that gives women the status of a goddess cannot give them equal status, and this should be a matter of great concern for any society because in a large number of cases the police file charge sheets. Complete the investigation instead of filing the final report. In these six years, 140 cases of gang rape with rape/murder were closed with final reports, out of which 97 cases were closed due to insufficient evidence to prosecute the accused of gang rape with rape/murder. 
There is a need to make the law enforcement machinery in our country more sensitive towards women, so that the increasing crimes against women in the society can be curbed. This is important because NCRB has also collected data regarding such cases where the police could not gather sufficient evidence to prosecute the accused in their investigation or where the accused could not be traced, or where the complaint was found to be false or where the case was found to be groundless due to mistake of fact or law.
Notably, in four out of these six years, even during the pandemic period, the charge sheet rate was more than 90%. Recently slipped to 85% by 2022. However, some findings also show that during this period, the police could not complete the investigation in 32-49% of rape/gang rape cases. Therefore, the question is not only about the Kolkata hospital but brutal attacks on women are increasing across the country. The figures we are talking about are all recorded figures. 
But there are thousands of cases where crimes against women are not recorded due to fear of defamation by the accused or in society. The need of the hour is for the government of the country and Indian society to unite against these crimes and stand shoulder to shoulder with women. Wherever the crime takes place in the country and whichever woman she is, whether she belongs to any ethnic or religious group, it is necessary to give strict punishment to the criminals who commit atrocities against women. 
If such crimes are punished severely, it will create fear among other people and through that such crimes will be curbed. In some countries, death penalty is given for rape and other serious crimes. The Indian judicial system should also have provision for severe punishment.
Strict laws and their effective implementation are the need of the hour to deal with the problem of atrocities against women. The use of technology for women's safety, education, social awareness, and establishment of prompt justice system are necessary steps. Every component of society should recognize its role and work to stop atrocities against women. 
Strict laws, prompt justice, and severe punishment to criminals will create a safe environment for women and establish gender equality in society.
---
*Social activist

Comments

TRENDING

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Two more "aadhaar-linked" Jharkhand deaths: 17 die of starvation since Sept 2017

Kaleshwar's sons Santosh and Mantosh Counterview Desk A fact-finding team of the Right to Feed Campaign, pointing towards the death of two more persons due to starvation in Jharkhand, has said that this has happened because of the absence of aadhaar, leading to “persistent lack of food at home and unavailability of any means of earning.” It has disputed the state government claims that these deaths are due to reasons other than starvation, adding, the authorities have “done nothing” to reduce the alarming state of food insecurity in the state.

What's behind Donald Trump's 'narco-state' accusation against Venezuela

By Manolo De Los Santos  The US government has revived its campaign to label Venezuela a "narco-state", accusing its top leadership of drug trafficking and slapping hefty bounties on their heads for capture. This campaign, which only momentarily took a backseat, is a strategic fabrication, not a factual assessment. This accusation, particularly amplified under the Trump Administration, is a calculated smokescreen to justify a long-standing agenda: the overthrow of the Venezuelan government and the seizure of its vast oil and mineral resources. A closer examination of the facts reveals a country that has actively fought drug trafficking on its own terms and a US government with a clear and consistent history of destabilizing independent countries in Latin America.

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

1857 War of Independence... when Hindu-Muslim separatism, hatred wasn't an issue

"The Sepoy Revolt at Meerut", Illustrated London News, 1857  By Shamsul Islam* Large sections of Hindus, Muslims and Sikhs unitedly challenged the greatest imperialist power, Britain, during India’s First War of Independence which began on May 10, 1857; the day being Sunday. This extraordinary unity, naturally, unnerved the firangees and made them realize that if their rule was to continue in India, it could happen only when Hindus and Muslims, the largest two religious communities were divided on communal lines.

Ground reality: Israel would a remain Jewish state, attempt to overthrow it will be futile

By NS Venkataraman*  Now that truce has been arrived at between Israel and Hamas for a period of four days and with release of a few hostages from both sides, there is hope that truce would be further extended and the intensity of war would become significantly less. This likely “truce period” gives an opportunity for the sworn supporters and bitter opponents of Hamas as well as Israel and the observers around the world to introspect on the happenings and whether this war could have been avoided. There is prolonged debate for the last several decades as to whom the present region that has been provided to Jews after the World War II belong. View of some people is that Jews have been occupants earlier and therefore, the region should belong to Jews only. However, Christians and those belonging to Islam have also lived in this regions for long period. While Christians make no claim, the dispute is between Jews and those who claim themselves to be Palestinians. In any case...

Fate of Yamuna floodplain still hangs in "balance" despite National Green Tribunal rap on Sri Sri event

By Ashok Shrimali* While the National Green Tribunal (NGT) on Thursday reportedly pulled up the Delhi Development Authority (DDA) for granting permission to hold spiritual guru Sri Sri Ravi Shankar's World Culture Festival on the banks of Yamuna, the chief petitioners against the high-profile event Yamuna Jiye Abhiyan has declared, the “fate of the floodplain still hangs in balance.”