Unreported, Unheard, Unhealed

According to the World Health Organisation (WHO), one in three women worldwide has experienced sexual (read: rape) and physical violence in their lifetime, primarily by a family member, friend, or acquaintance. The United Nations Office on Drugs and Crime (UNODC) reported that in some countries, up to 70 per cent of women experience violence and molestation, including rape, at some point in their lives. The majority of rapes worldwide go unreported due to stigma, fear of retaliation, and a lack of trust in law enforcement. As per data, only about 10 per cent of rapes are reported to the police. Victims are targeted based on their vulnerability, which can include age, socioeconomic status, and cultural background. Young females are always at a higher risk of being assaulted.

According to the FBI’s Uniform Crime Reporting (UCR) Program, in 2020, there were about 126,000 reported cases of rape in the United States. The National Intimate Partner and Sexual Violence Survey (NISVS) estimates that one in five women and one in seventy-one men have been raped at some point in their lives. Similar to other countries, rape in the US is significantly underreported — around 68 per cent. One common factor is that, in most cases, perpetrators are known to the victim. Based on Eurostat data, in 2018, there were approximately 1,18,000 reported cases of rape across the European Union. Due to differences in legal definitions and cultural attitudes toward reporting rape, it is learned that the numbers vary and fluctuate; nevertheless, it remains a major challenge.

Rape is a serious issue in India as well. While the figures indicate that it is more of an urban phenomenon than a rural one, the well-knit rural society in India still functions like a large family, where such incidents are far less common than in cities. Annual crimes against women as a whole (including rape, molestation, and harassment, etc.) were about 4.5 lakh in 2022–2023. Rajasthan had the highest number of rapes — close to several thousand — while Delhi had 1,250 reported cases of rape in 2022. Sexual crimes against women rose from 11 per cent in 2001 to 20 per cent in 2018–19, an increase of approximately 70 per cent. As per reports by CRY (a child rights NGO), child rape and penetrative sexual assault have increased considerably in India — a rise of 96 per cent from 2016 to 2023. The conviction rates remain low — about 28 per cent, as per data available for 2018–2023. Many cases remain pending for long periods as trials are slow.

Key challenges before society in confronting this very sensitive issue are social stigma, legal delays, ineffective and often insensitive law enforcement agencies, inadequate support systems such as medical, psychological, and legal counselling for victims, and, above all, deficits in awareness and education. In addition, a lack of gender sensitisation and sex education in school curricula, cultural patriarchy, and prevalent gender inequality, as well as caste and religion-based honour and prestige concerns, often lead to the silencing of victims — which in turn emboldens culprits. Political as well as administrative inertia must also be addressed. The laws exist, but enforcement is weak, coupled with a lack of accountability and corruption.

There are several approaches to prevent rape — legal, social, educational, and systemic measures that can be effectively implemented to check this menace. While no system is perfect, some successful practices in certain countries have resulted in a drastic reduction in this heinous crime against women. From a young age, comprehensive sex and consent education in schools teaches respect for personal boundaries and healthy relationships. Strong, clear, and strict laws on consent help in checking rape. Capital punishment is a major deterrent, prevalent in many Western and Asian nations such as Iran, the UAE, Saudi Arabia, China, Bangladesh, Pakistan, Afghanistan, Sweden, Belarus, and some states in the USA. However, several human rights groups across the globe vehemently oppose the death penalty, and thus many countries have abolished it.

The Criminal Law (Amendment) Act, 2013, often called the Nirbhaya Law, widened the scope of punishment to include the death penalty for serious sexual violence. This landmark reform also specifically binds the police to complete any rape investigation within two months, and trial likewise.

The Bharatiya Nyaya Sanhita (BNS), 2023, has now replaced the old Indian Penal Code, originally designed by the British, which had become outdated, and has incorporated these changes effectively. However, the BNS still needs to clarify certain issues around sexual offences, definitions, and gender neutrality.

There are some good examples that could be followed and incorporated into our legal system to benefit society at large. The ‘Sex Offenders Registration and Notification Act’ (SORNA), and the ‘Community Notification System,’ under which neighbourhood residents, schools, and law enforcement agencies are notified whenever a sex offender moves into a nearby area, are useful models. Such cautionary alerts in high-risk cases help vulnerable residents take necessary precautions. However, public notification is discretionary in some countries where human rights groups object to open shaming under the pretext of protecting the offender’s privacy.

India, still being a developing country and the most populous, has a high rate of crimes against women. Therefore, it cannot afford such lenient or “fancy” policies at this stage. For now, it must adopt a ruthless law with exemplary punishment that can act as a deterrent and help check sexual crimes against women.

Views expressed are personal. The writer is a senior IAF officer with long experience of civil administration in government in various disciplines/ministries