India’s Rape Epidemic

India is a country where millions worship women in the form of deities, yet society has now transformed to a state where many women are subject to extreme violence and denigration of their dignity, identity, and existence. In 2022, 90 rapes were reported per day in India. This number is highly conservative as it does not account for cases that go unreported due to stigma and a lack of faith in the police. Despite overall public agreement that sexual assault is an irreprehensible crime, the general public’s attention is limited to gruesome and violent incidents that die down after a short time. 

India has a proactive judiciary that has, in the past, given pathbreaking verdicts and policy recommendations to improve the condition of women. Several policies focus on empowering women, including affirmative action and social schemes that provide free education, transport, and other services. However, despite the notable but limited progress in various areas, a problem that continues to plague Indian society is the incidence of increasingly violent sexual crimes. Considering the recent rape and murder of a resident doctor on hospital premises in Kolkata, the issue of the safety of women has become all the more important. The Kolkata case calls attention to multiple issues, but mainly the persistent problems of sexual assault in India and the Indian public’s desensitized and short attention span. 

A widespread reaction to cases that catch mainstream attention usually results in a demand for stricter laws, but maybe this isn’t the ultimate solution. The increasing violence and brutal nature of these incidents require a deeper look at the root causes existing within the system and society rather than stricter punitive measures that act as deterrents. 

LANDMARK CASES AND INCIDENTS THAT LED TO LEGAL REFORM

There are severe shortcomings with India’s rape shield laws, including the fact that they exclude marital rape and are not gender neutral. These laws only recognize men as perpetrators and women as victims and, therefore, exclude victims who are not the female sex. These issues cannot be ignored. However, it is essential to highlight some incidents where mass protests and outrage instigated legal reform. 

Mathura: In 1972, the custodial rape of a 16-year-old Adivasi girl on police station grounds, where the Supreme Court found the accused not guilty due to lack of evidence and the absence of apparent resistance in the form of injury marks on the victim and her past sexual history, i.e., “she was habituated to sexual intercourse”. Public outrage at the absurd verdict led to the parliament passing the Criminal Law (Second Amendment) Act, 1983, which provided that the victim’s testimony that the court would presume the absence of consent based on the victim’s testimony. The amendment also widened the scope of sexual assault or rape to include custodial rape. It also introduced laws prohibiting revealing the victim’s identity through media or court documents. 

Vishaka Guidelines: In 1992, the gang rape of a social worker who stopped the marriage of an upper-caste minor girl led to the enactment of the Vishaka guidelines, which put the onus on employers to provide a safe working environment for women. 

Nirbhaya: In 2012, the brutal gang rape of a 23-year-old physiotherapist led to massive protests that finally forced the government to extend the death penalty for sexual assault that resulted in death or left the victim in a vegetative state. The amendment also criminalized stalking, voyeurism, and harassment as punishable offenses. 

POCSO: A disturbing number of child sexual abuse cases, including marital rape of minors, led to the enactment of the POCSO [Protection of Children from Sexual Offences Act, 2012]. Through POCSO, the age of consent was raised from 16 to 18. Also, the law categorized all sexual acts with children under the age of 18 as a sexual offense. 

The above cases and legal reform were revolutionary as they shaped the women’s movement in India. However, despite the progressive increase in punitive measures, statistically, the introduction of the death penalty has had no impact on the number of reported incidents. This brings us back to our initial question: why are women subject to extreme sexual violence? To answer this, we need to look deeper and focus on some social and cultural factors that might inform our understanding of this epidemic. 

SOCIAL, SOCIETAL, AND CULTURAL FACTORS 

Status of women in Indian households: In Indian society, women are considered “ghar ki izzat” [honor/reputation of the house]. This means they are responsible for maintaining and preserving the house’s honor and reputation. Therefore, an act of sexual assault is an attack on her honor and value as a woman, but also on her family. This honor and respect are tied to their “pure” bodies and conduct. Indian society, being predominantly patriarchal, places men in a position to assert dominance while women are subservient. This patriarchal system creates an environment in some families where girls are subject to restrictions on their behavior, clothing, movement, and education. In contrast, boys are given a free hand, creating a norm that they can do no wrong. Often, acts of defiance or attempts by women to vocalize their opinions or assume power are met with opposition or violence to put them “in their place,” making this a matter of power. 

Behavioral norms and public attention: Despite modernization and changing values, patriarchal standards continue to linger and dictate behavioral norms that categorize women as either at fault or innocent victims. These norms also shape how the public reacts to incidents of rape. For example, in cases involving the sexual assault of a young woman versus a married woman, or a woman in saree or traditional clothes versus one in “Western” clothing, the former often receives more sympathy. Additionally, the time and location of the incident can influence the implicit belief about whether the woman contributed to the crime. For instance, in the Nirbhaya case, the fact that the victim was out late at night with her partner was a point of contention in media debates. However, the extreme brutality of the injuries eventually led to the unsaid consensus that nothing could justify the violence. Still, these factors ultimately form what can be termed as society-approved grounds for public outrage.

Regardless of the above, the public is desensitized to sexual assault, and therefore, only a few cases supported by the media catch widespread attention. Often, these are cases in big cities or are extremely brutal; even then, many cases against women from lower caste and economically vulnerable communities get ignored. Some might call this misery porn that the Indian public consumes through the news.

Administrative failure: Legislative prowess and a progressive Supreme Court cannot compensate for a weak administrative framework that is steeped in outdated patriarchal attitudes toward women. The fear of physical danger to witnesses, ostracization and insensitivity of the police, as well as lewd questioning in court and victim shaming, increase the stigma and psychological pain of victims and their families and frustrate the legal process. The lack of faith in the police and the slow process also neutralizes any fear that legal reform brings to assailants. 

Class, caste, and power: In Indian society, political and financial power is closely linked to caste and class, with the majority of this power concentrated in the hands of privileged caste leaders, especially in rural areas. The increasing gap between the privileged and underprivileged leaves victims from vulnerable groups with little opportunity to seek protection or justice. There are many incidents where local administration supports assailants who are associated with those in power and threaten victims and their families who report crimes. Indian society has also seen rapid urban migration due to decreased economic opportunities in rural areas. This has weakened traditional family structures and social controls, which has contributed to an increase in crime. 

Education: The WHO has stated that early sex education delays sexual activity and promotes safe sex among young adults. However, in India, the lack of discussion and categorization of sex as something impure and dirty has led to misinformation and a lack of avenues where young adults can openly express normal emotions for their preferred partners. In the present day, sex education in India is largely limited to the introduction of mechanical concepts of puberty, reproduction, and contraception. It ultimately passes over concepts of sexual intimacy, gender identity, gender equality, and consent. Sexual repression and a lack of education have left young adults at the mercy of the internet for information, creating false and damaging notions of sexual activity. 

Media Portrayal: Without sex education, generations (particualrly 1980s-2010s) of Indians grew up in movies that portrayed stalking and other forms of harassment as an acceptable method of wooing your love interest, even terming it as “eve teasing.” Movies also generalized violence against women, and refusal from your love interest is a genuine reason to verbally and physically abuse them. While this is not the case now, the impact of glorifying violence against women has affected individual beliefs that violence is wrong but forgivable or justifiable rather than a horrific act. This parody by AIB aptly summarizes this phenomenon. 

CONCLUSION

Positive changes have come from the media and the widespread attention that some of these cases have received. Many people are now aware that victim blaming and shaming are not socially acceptable. Boys will be boys is not an excuse to commit crimes, and women are individuals who deserve respect and dignity regardless of their profession, clothing, past, or sexual activity. While many still say that these are lofty ideas that are not grounded, awareness is a positive step. To counter this sexual violence epidemic, systemic changes within the police administration, legal profession, family and societal values, and education need to occur. The responsibility doesn’t lie with the government alone. Perhaps it is time to look inward and take control of what is within our capacity to change the situation, at least when it comes to our collective values that form societal attitudes. 

REFERENCES

The Not-So-Hidden Crime: India’s Rape Crisis

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Understanding “rape culture” in Bangladesh, India, & Pakistan

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Sexual Violence and Sex Education in India: Are We Missing Wood for the Trees?

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India: Death penalty never the solution to crime and violence against women

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There’s only one way to tackle India’s sexual violence epidemic – sex education.

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Tukaram and Anr vs. State of Maharashtra 

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The Impact of Brazenly Glorifying Sexual Abuse in Indian Film. Journal of Media Ethics, 39(2), 137–139. 

Whom do we blame? 

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Incompetency and Challenges of Police in Rape Cases

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Lewd, filthy, indecent questions cannot be put to rape victims, says High Court

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Report of the Committee on Amendments to Criminal Law, January 23, 2013. 

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Dark World of Rape Culture in India

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 The problem of rape in India: a multi-dimensional analysis, International Journal of Managing Projects in Business, Vol. 7 No. 3, pp. 362-379.

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