Once again, people stood up against the brutality of rape and violence against women, this time in support of an eight-year-old whose death has left people shattered and ashamed for having to witness such an atrocity. After the 2012 Nirbhaya rape case, where four men brutally raped a young woman in a moving bus in India’s capital, Delhi, the whole country was back on the streets with demonstrations, candlelight vigils and prayers.
Apart from UN General Secretary, sports personalities, NRIs, students and film stars also condemned this act. Social media too has been bombarded with posts, tweets, graphics, and cartoons seeking justice for the Kathua rape victim, and to support a 16-year-old who attempted to commit suicide outside UP Chief Minister Yogi Adityanath’s house after BJP lawmaker Kuldeep Singh Sengar and his brother allegedly raped her in Unnao, and the death of a 9-year-old girl in Surat whose body was covered in over 80 wounds.
Among the three, it was the Kathua case which stirred up the public and sent shock waves within and outside the country. The girl belonged to a nomadic Muslim community. She was drugged, gang-raped and murdered according to the police chargesheet. Though the case was extremely politicized and labelled as a communal issue between Hindus and Muslims, the bigger problem in all the cases remains the same – victimization of the women.
Victimization of women has its roots in the patriarchal Indian society which denies freedom to women, where a woman is described only as a wife, sister, daughter, or a mother. If labelled ‘she’ then, she inherits a particular lifestyle, and a certain set of rules she has to abide by. If she fails to do so, she gets shamed by the society. Almost every woman in this country experiences sexual assault, physical violence or stalking by an intimate partner at least once during their lifetime at most of the places be it workspaces where they work shoulder to shoulder with men or even private spaces like home.
Though we have taken steps to move out of these patriarchal societies but have we been able to break the stereotypical mindsets of people who believe ‘men are men’ and women are guilty? We live in a society which not just looks down at rape survivors but also makes life hell for them. We live in a society where rapists have no fear because in the end, it doesn’t matter who raped but what matters is who got raped. It has been observed that most of these rape survivors not only find difficult to speak against the perpetrators but also have to face shaming at police stations, hospitals or even personal spaces.
Despite awareness and social initiatives, the situation seems to be worsening with every passing day. Over the last few years, crimes against women have been increasing at an alarming rate. Recent statistics in India indicated that a rape happens every 30 minutes, literally every 30 minutes! Does that not mean that the public should stay on the streets forever to seek justice for thousands and millions of women out there? Or is it because those rapes which happen on daily basis or do not have any political/communal angle and are not considered brutal enough to qualify as a rape?
Delaying justice doesn’t just deny it, but it also gives the perpetrators the benefit of doubt. Why do hundreds and thousands of people need to gather every time? Why can’t a rape victim get justice right after filing a case?
National crime data reveals that in 2016, only one in four rape cases in India ended in conviction – the lowest since 2012. Conviction rate remains low compared to the crimes. Does that mean our judiciary is flawed, do they fall prey to the power mongers?
Talking about the Kathua case, what was more hideous was that the protest by Hindu Ekta Manch was joined by two former BJP cabinet ministers to support the accused persons, and the involvement of some lawyers in creating barriers for J&K Police in filing her case. This act doesn’t just create suspicion and distrust for the judiciary in the minds of people but also showcases a dreadful reality of our society where abuse of power erodes the moral fabric of the society.
According to a report by Human Rights Watch (New York), “rape survivors in India face significant barriers to obtaining justice and critical support services. Legal and other reforms adopted since the gang rape and murder of a student, Jyoti Singh Pandey, in Delhi in December 2012 have not been fully realized.”
Though there are laws, there is a serious problem with the enforcement. From the unwillingness of police to file cases to the unfriendly behaviour of doctors towards the victims, the problem is multilayered. What we lack is proper counselling, security to the witnesses and legal support for victims during criminal trials of the accused. Victims who belong to the economically poor backgrounds are more prone to injustice and sadly no one talks about them.
In the end, the main concern is that the more brutal a crime, the more hype it gets. Therefore, selective justice.