Dhurjati Mukherjee
Prime Minister Modi may have touched a chord in his speech from the ramparts of the Red Fort with the ordinary folk when he put focus on the issue of rape, gender bias in society and urging parents to “question their son of what he was doing… as the rapist is someone’s son.” However, he may have done far better had he spelt out measures on what his Government proposed to do to increase the conviction rate. His assurance that “the law would take its own course and strict action would be taken,” has been heard far too often.
A recent report by the Commonwealth Human Rights Initiative (CHRI) found that rape cases between 2001 and 2013 amounted to 264,130 in 28 States, thus averaging 56 incidents of rape per day. This averaged over two rapes every hour. However, these were only the reported cases, while unreported ones must definitely be much more.
The highest rise in the number of cases was in the national capital, Delhi — 329 per cent – compared to the figure reported in 2001, reaching a figure of 381 cases last year. The number of cases reported in Maharashtra increased by a whopping 135 per cent, rising from 1302 in 2001 to 3063 in 2013, while in Karnataka, Rajasthan, Uttarakhand, Gujarat, Haryana and Himachal Pradesh, the number of cases reported was more than double the figure reported in 2001.
But while there has been an increase in such cases, conviction rates are dismal. As per figures with the National Crime Records Bureau, the conviction rate for rape has increased ten-fold since 1971– 2,487 incidents to 24,923 in 2012. However, it has declined from 26.6 per cent in 2010 to 24.2 in 2012. Likewise the conviction rate for molestation has dropped from 29.7 to 24 in the same period, and for eve teasing (harassment) from 52.8 in 2010 to 36.9 in 2012.
How would Modi government assure ‘achche din’ (better days) for the victims? There is no denying that many assurances have been given by the Centre on setting up of fast-track court for speedy trials against women and children, but a lot more is desired. According to Union Law Ministry figures, only 212 fast track courts have been set up so far for this purpose in only 16 States. None have as yet come up in Gujarat, Bihar and Uttar Pradesh, which is reported to have the largest number of rape victims. Though the Ministry allocated funds of Rs 60 crores annually, not all States have shown eagerness to create additional court infrastructure as it requires a matching grant from them.
Sadly, not a day goes by when the newspapers don’t carry a report of crimes against women and girls, specially rape and domestic violence? It is indeed distressing to note that though literacy and education have been increasing, various forms of crime against women have been on the rise. Across the country, in both big and small cities, there are reports of such occurrences and these have come to the limelight due to the pro-active role played by the media as also by women activists and the civil society.
Will Modi’s criticism of politicians, who become “psychologists” by trying to “analyse” reasons for gruesome crimes such as rape, help change the situation? Recall that even the J. S. Verma committee had attributed to the growing number of rape cases to a deep-rooted gender bias of the politician. It had rightly pointed out: “It is shocking to note that even after the horrific incident of gang rape (referring to the Nirbhaya case), many political leaders, including members of Parliament/State legislatures, spiritual gurus, with large following and other eminent persons have been making statements reinforcing the gender bias”.
The law enforcing agencies would need to take a call and not get influenced by such mind-sets. This apart, they would have to say a big no to political pressure, as criminals are known to be directly or indirectly protected by them. Take a recent example where a Trinamool MP from Bengal, encouraged his boys to rape women of CPM cadres in a public speech. Worse, Bengal Chief Minister — herself a woman – was silent on the issue. In fact, it is understood that she instructed the Party to defend its MP in this case, which is now being heard by the Calcutta High Court.
At the same time, there is a growing need to reach out to women and young girls in remote villages and give them the confidence that reporting such incidents would not go in vain. Women in rural areas, who face genuine abuse, neither know about the prevalent laws that protect them nor have access and courage to take up the matter with police and lawyers. Those from the marginalized sections and economically weaker groups are mostly affected because they lack education and as they are financially not independent don’t have the means to pursue their case.
In the big cities, there has been a move to set up night shelters for the safety of women. But their feasibility and safety is yet to be ascertained. Then again, there hangs a big question mark on the Factories Amendment Bill, tabled in Lok Sabha recently, which seeks to relax the bar on employing women in factories in night shifts. It has come in for criticism from certain quarters given the rise in sexual assaults on women and that there are no provisions in place to ensure their safe return home.
Suggestions of having more women in police stations and the judiciary have been floated recently. Recently, the Ministry finance ministry has cleared a plan for setting up “crisis centres” in all districts of the country to help victims of sexual assault – a proposal pushed by the Union Women and Child Development Ministry. A sum of Rs 500 crores has been allotted to it to set these up as “one stop crisis centres”, which have been named Nirbhaya Centres.
There may be a ray of hope for the victims. But much will depend whether these centres would carry out their mandate in the right earnest and not get caught up in red-tapism or be just another centre. This apart, would these centres have a connect with the police and the judiciary? As goes the saying, the proof of the pudding lies in its eating. For how long will “our head hang in shame when we hear news about rape”? INFA