Editorial: Action needed, not slogans

The incident comes close on the heels of a shocking report from Chennai last week when a 13-year-old schoolgirl committed suicide and the police probe found she was raped and blackmailed by a 33-year-old man who had befriended her earlier. 

Another incident involving an 86-year old woman who was assaulted last month in New Delhi left citizens shell-shocked and set off a discourse on fast-tracking justice for victims of sexual assault in the country, where 99% of cases of sexual violence go unreported. 

The demand for a speedy resolution is understandable when one places it in the context of how long it took for justice to prevail in one of the most brutal cases of sexual assault reported in the country. Four of the perpetrators involved in the 2012 Nirbhaya gang-rape case in New Delhi were finally hanged to death eight years after the incident, a sad example of the delays that plague our justice system when it comes to addressing such crimes. 

According to data from the National Crime Records Bureau (NCRB), 33,356 incidents of rape were reported during 2018 which involved 33,977 victims, an average 89 rapes daily. The report suggested every fourth victim across the country in the year was a minor, while more than half of them fell in the age group of 18 to 30 years. 

The Nirbhaya case had ignited a nationwide debate on the need for more stringent deterrents when it comes to sexual assault and faster dispensation of justice. The Justice Verma Committee report in 2012 had offered recommendations that would provide for faster investigation, prosecution, and trial for cases involving sexual offences, as well as harsher punishment for those involved in grievous crimes against women. 

As much as 90 per cent of the recommendations offered by the Verma Committee Report was incorporated into the Criminal Law (Amendment) Ordinance, 2013 that was promulgated by then President Late Pranab Mukherjee. 

But, critics argued many important suggestions had been sidelined in the Ordinance. These include criminalisation of marital rape, considering gender-neutrality for perpetrator and victim, and prosecution of an Armed Forces Personnel accused of crime against a woman. 

One of the more contentious aspects of the law pertaining to rape was concerning the treatment of juveniles. One of those accused in the Nirbhaya case was a juvenile who was just under 18 when he took part in the ghastly act and was released after serving three years in a detention centre. 

Considering the grave nature of such crimes, the Rajya Sabha in 2015 passed the Juvenile Justice Bill, which proposed treating those over 16 as adults in the court of law. Two years ago, the Cabinet gave its green signal to introduce capital punishment for those convicted of raping a minor under 12. 

However, policy experts believe the death penalty has not acted as a deterrent against such crimes and have also questioned the legitimacy of fast-track courts, expressing doubts on how it could be used to target even innocent people from weak socio-economic backgrounds. 

Notwithstanding candle-light marches and protests, there is a serious requirement to address the problem both on the judiciary and the societal front. It’s about time that the government realises that its famous beti bachao rallying cry should no longer remain a slogan, but a strong, actionable, and accountable campaign.