Delay in punishing guilty of rape, murder: Police laxity, lengthy court procedures, lack of evidence

By Vikas Meshram*

The problem of atrocities against women has become very serious in today's society. This not only destroys the lives of victimized women but also has a negative impact on the entire society. The root cause of this problem is many -- social, cultural, economic, and legal neglect. It is extremely necessary to take immediate and effective strict action on it.

The nature of atrocities against women can be of various types.

Domestic violence, sexual harassment, mental torture, child marriage, human trafficking, and exploitation in the name of dowry are all part of this problem. These atrocities not only affect women's physical health but also destroy their mental, social, and economic lives.

Strict action is an essential step to curb atrocities against women. This action sends a positive message to society that no form of atrocity against women will be tolerated. This action is necessary to provide women with a safe and respectful environment. If the culprits are punished promptly and severely, people will be deterred from committing such crimes in the future.

The laws regarding atrocities against women in the country have often not been effective. Because many times the accused are not promptly and properly investigated, or the guilty benefit from escape routes. Police laxity, lengthy court procedures, and lack of evidence delay the punishment of the guilty. For this, a technique should be developed to make the laws more stringent and implement them quickly.

The severity of laws is one side, but bringing about a change in the mentality of society is extremely important. Atrocities against women are not just a legal problem, but also a social problem. Even today, women are given secondary status in many societies. In such a situation, it is necessary to take strict action against atrocities against women. It is necessary to make society aware of this issue through education and public awareness. Because in the recent past, incidents of atrocities against women have been increasing day by day.

According to the figures reported by the National Crime Records Bureau (NCRB), 4,45,256 cases of total crimes against women were registered in 2022, which is more than in 2021 (4,28,278 cases showing a 4% increase). While 1,551 cases were registered in the category of rape/gang rape between 2017 and 2022.

The highest number of 294 rape/gang rape murder crimes were recorded in 2018 and the lowest 219 cases in 2020.

This report comes against the backdrop of ongoing outrage over the brutal rape-murder of a doctor at a government hospital in Kolkata and recent incidents of sexual violence in other states, which shows that violence against women, murders and rapes are taking place on a large scale across the country and there has been a significant increase in cases.

If we interpret it year-wise, we will find that this number was 223 in 2017; 283 in 2019; 284 in 2021 and 248 in 2022. State-wise figures over six years show that UP has the highest (280), followed by Madhya Pradesh (207), Assam (205), Maharashtra (155) and Karnataka (79).

An analysis by the Commonwealth Human Rights Initiative states that during 2017-2022, an average of five (4.9) incidents of rape/gang rape and murder occurred every week. NCRB started recording data on murder following rape/gang rape as a separate category in its annual 'Crime in India' report from 2017.

Considering the prosecution and reaching the verdict in cases of atrocities against women, out of 308 cases where trials have been completed, two-thirds (65%) of cases (i.e. 200 cases) have been convicted. In more than one-third of the cases, either the accused were acquitted or found not guilty. There can be many reasons for this, which may include the victim not fighting the case properly or withdrawing the case due to pressure from the accused.

The society that gives women the status of a goddess cannot give them equal status should be a matter of great concern

The conviction rate was lowest (57.89%) in 2017 and highest (75%) in 2021. It slipped to 69% in 2022. This means that although there has been an increase in incidents of violence and rape against women, the rate of their punishment has decreased, which is a matter of concern.

NCRB data also shows that the number of gang rape/murder cases in trial courts has increased year by year. The total number of cases, meaning backlog and new cases sent for trial, was lowest at 574 in 2017, which has increased to 1,333 by 2022, an increase of 132%.

The society that gives women the status of a goddess cannot give them equal status, and this should be a matter of great concern for any society because in a large number of cases the police file charge sheets. Complete the investigation instead of filing the final report. In these six years, 140 cases of gang rape with rape/murder were closed with final reports, out of which 97 cases were closed due to insufficient evidence to prosecute the accused of gang rape with rape/murder.

There is a need to make the law enforcement machinery in our country more sensitive towards women, so that the increasing crimes against women in the society can be curbed. This is important because NCRB has also collected data regarding such cases where the police could not gather sufficient evidence to prosecute the accused in their investigation or where the accused could not be traced, or where the complaint was found to be false or where the case was found to be groundless due to mistake of fact or law.

Notably, in four out of these six years, even during the pandemic period, the charge sheet rate was more than 90%. Recently slipped to 85% by 2022. However, some findings also show that during this period, the police could not complete the investigation in 32-49% of rape/gang rape cases. Therefore, the question is not only about the Kolkata hospital but brutal attacks on women are increasing across the country. The figures we are talking about are all recorded figures.

But there are thousands of cases where crimes against women are not recorded due to fear of defamation by the accused or in society. The need of the hour is for the government of the country and Indian society to unite against these crimes and stand shoulder to shoulder with women. Wherever the crime takes place in the country and whichever woman she is, whether she belongs to any ethnic or religious group, it is necessary to give strict punishment to the criminals who commit atrocities against women.

If such crimes are punished severely, it will create fear among other people and through that such crimes will be curbed. In some countries, death penalty is given for rape and other serious crimes. The Indian judicial system should also have provision for severe punishment.

Strict laws and their effective implementation are the need of the hour to deal with the problem of atrocities against women. The use of technology for women's safety, education, social awareness, and establishment of prompt justice system are necessary steps. Every component of society should recognize its role and work to stop atrocities against women.

Strict laws, prompt justice, and severe punishment to criminals will create a safe environment for women and establish gender equality in society.

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*Social activist

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