Sexual Violence and Delayed Justice

Representative Image

The Element of Perception

"She was Drunk," "Her dress was too short," "She asked for it," "Why was she out alone?" Do these statements sound familiar? Unfortunately, I am sure, they do. These are among the most common, absurd, and lame arguments that are often heard, following a crime as heinous as rape.

And these types of sentiments aren't solely expressed in developing countries like India; even people from the most civilized western societies are pretty aquainted to similar excuses for sexual assault towards women. And when that's the case that portrayal of a country like our's in western media as a place that's full of misogyny and a place where rape and sexual assaults are a common phenomena, does seem a bit unfair. Statistically too, that assumption can be challenged, but does that really make a difference? It may not be the true picture, but it certainly is a reflection to some extent. 

Undoubtedly, there exists a genuine problem when it comes to curtailing sexual violence against women in our country. The real question is, do we care enough? Of course, we can pretend to look the other way—but that hardly changes the reality. More importantly, by passively supporting such acts, not only do we help propagate such a culture, but also put our loved ones in the harm's way.

As a matter of facy, even for a naysayer sexual violence indeed is a serious problem. Not a day goes by when we do not hear about these crimes being reported in the media. What's worse is the collective casual response towards these crimes. At a maximum, we may notice some social media outrage or even participate in a candlelight vigil, and then in no time all is forgotten, and business as usual resumes. 

The Rising Numbers

Crime against women and sexual offences in particular, that include but are not limited to—rape, attempted rape, and sexual assault, have seen a steady increase in India over the last few decades. 

National Crimes Record Bureau (NCRB) headquarted in New Delhi is a the givernment agency under Ministry of Home Affairs (MHA) that collects and analyzes crime data. According to NCRB:

• A total number of 3,37,922 cases of crime against women were reported in 2014 that rose to 4,45,526—a significant increase of over 31%.
• A staggering 34,651 cases of rape were reported in 2015 and that statistic wasn't a substantial improvement from the 37,413 cases that were reported in the previous year
• In the year 2022 (the last updated records as on Feb'25), over 90 rapes were reported per day in India

States like Assam, Delhi, Haryana, Madhya Pradesh, Odisha, Rajasthan, and Telangana — have repeatedly featured amongst the outliers, over the last decade. National Capital on its part, has maintained its abysmal record of crime against women. Owing to which, it has even been infamously dubbed as the 'rape-capital.' North-Eastern States, namely Nagaland, Meghalaya, Manipur and Mizoram have consistently featured in the bottom stack. Nagaland has maintained a phenomenal record of lowest crime rate against women from 2014 to 2022. Southern state of Tamil Nadu also features in this list.

Again this by no means can be considered as an actual reflection of women saftey in the respective states, simply because while there may be better reporting in some states; under reporting of crime in others also cannot not be ruled out. With tier-1 cities like Delhi, there is better reporting due to ease of access, awareness of rights among the women, and an overall better financial standing which again may not be the case elsewhere. 

Irrespective, the overall rise in cases is evident and the same often puts India on the list of countries unsafe for women. On an average more than 30,000 cases of rape, and an equally greater number of sexual harrasment cases are recorded each year. Again, its noteworthy that despite this spike, a majority of crime, sexual offences in particular, still go unreported in our country due to umpteen reasons. Amongst them are the fear of ostracism (both by society and loved ones), the ease of access & endless struggle for justice, and in many cases fear of retaliation from the offender, especially observed when the victim belongs to the socially backward class. The indifference of the lawmakers, role of investigating agencies, and the societal outlook towards these crimes are some of other contributing factors. Overall they present a grim picture of an already grave issue, and that indeed is quite concerning. 

Moreover, they raise a big question mark on not just the safety and security of womenfolk in India, but also the efforts being taken by the government in that direction. Although with setting up of special courts, conselling centers, amendment in laws etc—some positive steps have been taken in that direction. However, its still a long way walk to home.

India ranks 148 out of 170 countries in the 'Women, Peace And Security Index 2021'.

Sexual Offences Breakdown (2015 NCRB Data)

Addressing the nation on the 78th Independence Day, PM Modi had this to say:
"States should act on crimes against women with utmost urgency, instill fear among perpetrators."

PM expressed profound concern over incidents of rape and violence against women and said he can feel the outrage of people.

Judiciary and Justice Debate

Whenever the law and order situation deteriorates and leads to lawlessness, our democratic setup ends up relying on the third pillar of our democracy, the judiciary pillar, to put the things in order. So it wouldn't be wrong to say that the onus thus lies on our judiciary to set precedents to discourage people from committing sexual violence against women. But what does one do when the judiciary system fail to deliver, more importantly fails the victim. What if they are swamped with divided opinions; and sometimes even appear to have double standards?

The past precedents or examples of the judiciary response to this problem can shed light on this issue. 

Two long-awaited verdicts in two of the most publicized rape cases in India were reached in May 2017. These verdicts were not just eagerly awaited in India, but also amongst the global audience because of the attention they had garnered in the interim period. These were verdicts for heinous crimes and unfortunately, both were gang-rape cases. One dates back to 2002 Godhra riots from the state of Gujarat—where 19-year-old Bilkis Bano was gang-raped by a the marauding-mob and fourteen of her family members, including her 3-year-old daughter, were brutally murdered in front of her. At the time of the assault, the victim was five months pregnant. The other case is from 2012. The incident took place in the national capital, New Delhi, and it involved a 23-year-old paramedical student called Nirbhaya (name changed). She too was gang-raped and brutally tortured in a moving bus and later succumbed to her injuries in the hospital.

In both cases, whether in timely manner or not the perpetrators were apprehended, tried and found guilty. Both the verdicts were hailed as iconic and a lot of buzz was created around the news. It was projected as if we had really achieved something substantial here. Sadly, there were other rape cases being reported at the same time from within the national capital. But that doesn't seemed to matter—the gullible public had something to rejoice about momentarily, and they simply weren't concerned about what else was happening around them.

The full timeline of both of these cases can be found below. Fast forward to a week after the verdict announcements and the surrounding hullabaloo had been overtaken by collective selective-amnesia. Just days after these verdicts were announced, a gruesome murder of a 23-year-old female was reported just 45 Km north of the national capital in Sonipat, Haryana. This victim too was gang-raped and killed. Her skull had been smashed with bricks when she threatened to report the incident to the police. Ironically this happens to be the same state where just 3 years prior, the Prime Minister had kicked off his "Beti Bachao Beti Padahao" (Save the Girl and Educate the Girl) Campaign to offset the high instances of female foeticide in the region and in other parts of the country.

Influence of Public Outrage

Public Protest at National Capital following the Nirbhaya Incident (2012)

In the Nirbhaya case from 2012, one can conclude that the verdict was a clear example of Judiciary officials responding to societal pressure to hold rapists accountable for their crimes. Ironically though, despite the verdict and the judiciary response, it is a shame that it still took officials four and a half years to come up with a verdict in an open and shut case. A special 'fast-track' court was set up in the wake of the furor created by the prevalence of sexual violence and mass movements organized throughout India to demand justice. Even if we were to discount the time taken to reach the judgment, there's still another aspect that remains unexamined. This aspect is in regard to the age of one of the defendants.
The so-called juvenile's (because they were just months away from officially being an adult) police-demanded bone ossification test was rejected by the court during the trial. Despite there being a strong possibility of his age being incorrectly determined in the records, which is of common occurence. As a matter of fact, as per the reports that followed the confession of the nabbed accused, he was the most brutal out of the six convicted. It was he who tortured the victim with an iron rod. Even when this so called juvenile, a.k.a Mohammad Afroz, was released 3 years later, he was relocated, had his identity was concealed, and the NGO involved even secured a job for him. On the contrary, one wouldn't ever see such efforts to safeguard victims identity and protect their privacy.

But his release wasn't the only fuss; what followed was shameful, disgusting, and the most blatant display of what is often regarded as a minority appeasement tactic in the country. The then Delhi Government (national capital) offered him a sewing machine and INR 10,000. Even if one were to say they had a genuine intention, it quite clearly appeared as a felicitation. But then again, who cares? That's just how society handles these situations.

Time and again, actions like these from our politicians have helped embolden criminal mindsets. A few years ago, another senior politician from the state of Uttar Pradesh commented on a rape case stating "Boys will be boys, they make mistakes". Another lawmaker was caught watching porn on the assembly floor in the state of Karnataka and there are a number of other similar examples of our leaders' and lawmakers' shoddy behavior. Some themselves even involved in the crime. But as usual, who cares? There aren't ever consequences for these people, nor is there pressure to set a better example.

This brings me to the Bano case, it took fifteen long years for courts to reach a conclusion and in the end, option still remains for the convicts to further appeal their sentences is still available. Despite the trauma the victim suffered, the ostracism (due to her identity being exposed), and the losses she suffered, she is still expected to keep on fighting. I am not sure why or how on earth that can be regarded as justice. A question may also be posed as to why no death penalty sentences were made in this case. Why was there such a long delay in reaching a verdict? Were massive protests needed here to ensure that the judiciary were pushed to reach a conclusion in a timely manner? Did we not wish to satisfy the collective conscience of the citizens in this case by giving harsher punishment as was in the case of Nirbhaya? 

Actually, the real question to be asked is what standard do we actually follow while convicting criminals in sexual violence cases? Reason why I say this is because a Gujarat Government panel on 15th August 2022 released the Bano-case accused. But what came forth was a shameless felicitation with them being garlanded. And perhaps pandering to majority community were the remarks referring to them as one with good 'sanskars' or upbringing; which by all means is an absolute contradiction to their condemnable actions.

Bilkis case accused post their release

The only positive thing though to come out of all this was that important changes in the criminal justice system were made as a result of the verdicts and responses to these cases. In view of Nirbhaya case, there was a law passed to amend the juvenile age to '16' in the case of sexual violence.

The law states that: "under Section 376 A, whoever commits a rape which leads to the death of the victim or causes her to be in a 'persistent vegetative state,' shall be punished with rigorous imprisonment for a minimum term of 20 years which may extend to life or include a penalty of death."

The Bilkis Bano Case Timeline

The Nirbhaya Case Timeline

Some Recent Cases

Its unfortuante but like religion, the caste/community angle often also plays an important role in determining the outcome of case involving a rape crime. While this may not be the case in the cities, villages and elsewhere where orthodox practices run rampant and caste system is very much alive, such may be the case. The response and collective actions of the society in such case are especially worth considering—beyond introspection, they point to the endemic societal-rot that has and continues to claim victims as mere collateral damages of infighting between communities.

The 2018 Kathua rape case from Jammu and Kashmir, saw a reprehensible solidarity parade from the Hindu community, with national flags and placards, in favor of the perpetrators. The victim in this case was an eight-year-old girl from a Muslim nomadic community. She was abducted, gang-raped and murdered by 7 men (including one minor). Among the arrested were also police officers, who were arrested on suspicion of attempting to destroy evidence and of accepting money for a coverup. The prime accused was a local temple priest who even used the holy premise for his sinful act. The crime led to nationwide protests and recieved widespread condemnation in national as well, as international media.

The trial in the case began on 16 April, 2018. On 10 June 2019, six of the seven defendants were convicted and one was acquitted due to lack of evidence.

Solidarity march for the accused |Kathua

In the Hathras gang rape case from the state of Uttar Pradesh, we saw reporters being blocked from covering the story and some even being booked under harsh sections of law. But what was more shocking was the blatant defiance of not just law but also human rights—as authorities denied handing over victims body to family and instead cremated it in the dead of the night, without the family's consent and presence. The victim in this case came from a Dalit or minority community, while the perpetrators belonged to the upper cast from the same Boolgarhi village in Hathras, UP. The 19-year-old victim was allegedly gang raped by 4 men. She succumbed to her injuries two weeks later in a hospital in New Delhi.


The Allahabad High Court took suo motu cognisance of the case, stating the crime had shocked its conscience. Partly this was owed to the  furore it had created—with demands for speedy justice coming from all corners including the the opposition. 

When CBI took over the case, they found the 4 accused guilty. Furthermore, the central agency in its chargesheet mentioned that despite the victims alleged molestation, no medical examination for sexual assault was carried out. The chief minister went in so far as calling the protests for justice as seditious—a foreign funded conspiracy to foment unrest and destablise the government.

Snippets of reporting in Hathras rape case

In the more recent example of rape and murder of a 31-year-old female trainee doctor in RG Kar Medical College and Hospital in Kolkata (9 August 2024)—massive nationwide protests from both the medical professionals and the general public forced a CBI inquiry, and the courts to step in. Taking suo-motu cognizance of the case, the Supreme Court highlighted numerous issues relating to the safety of women in the medical sector:

Protest following RG Hospital murder case—demanding saftey of medical professionals

“They are portents of a systemic failure to protect doctors, nurses and para medical staff in the confines of hospitals. With few or no protective systems to ensure their safety, medical professionals have become vulnerable to violence. With the involvement of systemic issues for healthcare across the nation, this court has had to intervene.

Women are at particular risk of sexual and non-sexual violence in these settings. Due to ingrained patriarchal attitudes and biases, relatives of patients are more likely to challenge women medical professionals. In addition to this, female medical professionals also face different forms of sexual violence at the workplace by colleagues, seniors and persons in authority.”

Its worth mentioning that while justice in these cases was served—would the same outcome had been achieved without the public outrage and massive protests? Indeed, something to ponder...

Act of Godmen

Nature's wrath leading to death and destruction is often expressed as an act god, since one has no control over it. But the one leading the god's message to the people are often also found complicit as ones who  cannot exercise self-restraint and engage in immoral acts. Numerous godmen so far, have been accused of raping their own devotees. Among those in this hall of shame are Asaram Bapu accused of raping a devotee during a satsang and Gurmeet Ram Rahim accused of raping 2 of his disciples and convicted to 20 years imprisonment in 2017.

Godmen convicted in rape cases out on parole

Now these two cases highlight as to how difficult it is arrest and convict these so called godmen for their crimes due to millions of blind followers standing in soldiarity with them. No matter how clear the evidence and impartial and transparent the probe be—they just wouldn't accept the facts. For them these criminals are holier than thou. This kind of blind following further helps create more such monsters in the society because even those in the power fear their influence.

My Two Cents

First thing first, the behaviour of sexually objectifying women needs to be dealt with. What's also important is how the approach of society should be towards the same. The reason to say that is, because the objectification is and has been a social and business practice for ages—entertainment and showbiz in particular. Instead of moral policing (whether its the attire or act), there should a healthy debate on the outlook vis-a-vis a modern society. The opinion of female-class—the actual stakeholder, who also happen to be the affected party, is hence very relevant here. 

After that, we should all try to take a self-assessment and question how far we have come in terms of addressing issues caused by patriarchal and misogynistic societal norms. Why are news reports about rape extremely common in the media? How seriously do our leaders or elected representatives respond to this issue? Should we also blame our law enforcement agencies for being complicit? 

An unsafe country for women—this generalization about India, sure is annoying and demeaning. Nit-picking such stories, the western media has time and again followed this approach and post comes social media, that has further help create and perpetuated that sort of impression of India and Indians. Because of this, we tend to collectively conclude that we are being demonized. To some extent that is a fair point, but isn't that an incorrect approach? Aren't we missing the crucial point here? Whether or not there is a generalization about Indians, there is indeed a lot of introspection that needs to be undertaken on our part.

But then it also reiterates the core issue of women saftey now and dire need for course correction. Besides a little introspection would suffice. As a civilized society, we haven't managed to come far enough on sensitive issues like rape or sexual assault. This kind of problem is only going to get worse if the status quo doesn't change. While we could probably blame the prevalence of, and responses to this issue on our conservative society, it's pointless to cast blame in that manner because end of the day we all make up that society. And fact remains there will always be some bad apples, as is the case with opportunities. Point is how we deal with them! Also, demonizing a society, a nation, or lamenting a gender has to stop too, because that simply doesn't help. Rather it only excerbates the situation, often triggering the reverse psyche approach. 

With regard to society, we must also consider that for far too long the victims of sexual violence and their families have lived under the fear of stigma and ostracism. Suppressing these crimes forces victims into a continued state of trauma and shame. Furthermore it also emboldens the perpetrators of these crimes to act with impunity and create more precedents. 

The law and order situation in our society also has contributed tremendously. The police have often been found to be complicit in not only not acting in timely manner but also in suppressing the dispersal of information related to this type of crime. As it is the risk of harassment and identity-disclosure can be overwhelming for victims and survivors. Meanwhile, judiciary representatives seem to get caught up in legal loopholes that end up providing easy escape routes and lenient sentences to the accused. With that said, it's not that there has been total immunity from the consequences of these heinous acts, it just seems that there isn't a set precedent that conveys how unacceptable sexual assault crimes are. For far too long, this issue has been addressed way too casually. "The law will take its own course," has been the most over-used statement when it comes to responding to this crime—just like any other crime. One would think that this response only serves to make a mockery of our justice system. For many however, especially those seeking justice, it ends up being a true reflection of the system.

Education and awareness are aspects of this issue that are worth exploring further. Even little kids are not safe when it comes to this problem and when it comes to sexual education, there's still a deafening silence in our lands. The education system does little to raise awareness about the topic because matters related to sex are often considered taboo. We continue to make great strides in science, medicine, technology, etc., but in matters like sex-education and awareness and prevention of sexual assault, we continue to have a backward mentality. 

Living in denial doesn't resolve anything and often makes our stand look more hypocritical. Just like back in 2015, when Leslee Udwin presented the BBC documentary "India's Daughter" and the government of India banned it—citing its "unpalatable presentation" as the reason for the censorship. This is not to say that the BBC was trying to help bring awareness to the problem; they just wanted to milk the cow too. The hypocrisy of our response in this issue became clear when most of the folks many of whom also had been part of candlelight vigils and demonstrations demanding justice for Nirbhaya—became keyboard warriors and took to social media to defend the government's decision to ban the documentary. The justification for support of the censorship was that the documentary offered a platform to the rapist. Call it hypocrisy or a blatant display of buffoonery, either way, the bigger picture was simply ignored. And despite the presence of dissenting voices, they just weren't strong enough to make an impact.

Concluding Remarks

It often seems like we have reached the end of the rope, and that's particulary true for victim—if  only they were lucky enough to survive the ordeal. So where do we go from here? And what should be the next course of action?

Clearly the penalising part has miserably failed to serve its purpose. Infact with the dubious standards on various fronts, the extremly-low conviction rates and numerous loopholes in the system—the victims or their kin are only bound to suffer more. The victim family on their part seek  nothing but maximum punishment and demand speedy justice. 

Owing to public outrage, protests & candlelight vigil, the chorous for capital punishment for these heinous crime has also seen an increasing number of takers in the recent years. However,
demanding the death penalty for rapists cannot be the only solution to this grave problem because there are many dimensions to it. 

A progressive society demands that we all must be the change or take the shame. There's nothing truly perfect in this world. We certainly cannot cleanse society of crime or eliminate all the crooked and sadistic people out there. We can, however, work towards changing how we prevent and respond to these issues. 

There's also a dire need for change in our collective thought process. Men need to understand that when a woman says no, she means it. It shouldn't hurt their manhood or become an ego issue. As for females, their own safety should always be their first priority. Being aware, taking caution and seeking approriate help, goes a long way.