Abstract
The research and main aspect of this research article will dive into the intricacies of the uprising in violence against women in the Indian subcontinent. Women's safety has always been an issue in India, and landmark cases such as the 2012 Nirbhaya gang rape or the more recent rape and murder of a trainee doctor in Kolkata – has caused outrage all over the nation, with women and doctors taking to the streets and demanding a change so that women feel safe wherever they are. This gender-based violence is a deep-rooted issue within various South Asian cultures, where society has deemed men to be superior to women and that men hold all the power, while women are simply objects. As a result of these high-profile cases of crimes against women – the government has since introduced amendments to various provisions of different legislations in an attempt to ensure justice when it comes to cases of sexual assault and other crimes.
Keywords
Violence against women, rape in India, gender-based violence, Nirbhaya, gang-rape, anti-rape laws, 2012 gang-rape.
Introduction
India is known for having one of the highest crime rates in the world, more specifically crimes against the female population. The capital of India, New Delhi, was even dubbed “the rape capital”. The United Nations or the UN has given a clear definition for the term, violence against women – it is “any act of gender-based violence that results in, or is likely to result in, physical, sexual, or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life”. There have been countless amounts of rape cases that were in the limelight. However, the Nirbhaya incident struck the country like a flash of lightning. This case would gain so much traction, that it was a landmark for India’s rape culture. On December 16th, 2012, a 23-year-old woman was brutally gang-raped by six men in a moving bus in Delhi. Her injuries were so serious that she was transferred to a hospital in Singapore. Sadly, around two weeks after the incident, she succumbed to injuries. The woman was named “Nirbhaya” meaning the ‘fearless one’ by the Indians, as her name remained anonymous according to the laws at the time. This incident grappled the entire world. Women were enraged and voiced concerns for their own safety, demanding a better system to ensure justice for the victims. It was as if the whole of India jolted awake, prompting massive protests, and condemnations from politicians, celebrities, non-governmental organizations, women’s rights groups etc. across the world. It is worth mentioning that numerous other rape cases have occurred in the past that garnered lots of attention. It took such a brutal case for the country to finally wake up and realize the intensity of the situation. Moreover, for the world to recognize the terrible state that Indian women are in. 12 years after Nirbhaya, the rape and murder of a female trainee doctor in Kolkata sparked outrage across India and worldwide and has resulted in a demand for stricter laws to be imposed in order to protect women in the workplace. This case has also displayed how India has yet to progress in terms of women's safety and protection despite the amendments. The growing rates of crimes against women is a clear indication of the dominance that men have over women, and how prevalent this culture is in India. This paper will delve into the nitty-gritty of the rape culture in India, with a focus on the state of the country post-Nirbhaya.
Literature Review
Gender-based violence is a violation of international human rights. The victims can be anyone, but especially women and girls. A heartbreaking statistic released by the United Nations stated that 33% of women will go through some form of violence in their lifetime. There are various kinds of violence against women specified by the United Nations. These include physical, sexual, and psychological violence within the family community, within the general community, and those that are executed by the government. Women are subject to violence due to many reasons, of which the foundation is gender-based – from female infanticides to genital mutilation and rape etc. – the vulnerability can also be due to the woman’s relationship with a man. The culture and society in India deem a wife as the husband’s property and there is a general cemented idea of men being overall superior. Moreover, it may also be due to the social class that a woman belonged to, especially in times of war or riots, which would leave her to be targeted for brutal crimes by the enemy as a means of causing humiliation and destroying communities. The situation in India is growing dire day by day and the constant news reports and statistics that are rolling out clearly indicate this.
Based on a review of the current laws, the aim of this research is to examine India’s reputation and attempts to eradicate this serious social issue. Especially considering the fact that the laws have become more stringent since the 2012 Nirbhaya case.
Almost a week after the Nirbhaya incident, J.S. Verma, an ex-supreme court judge was ordered by the government to give suggestions for stricter amendments in order to better deal with cases of sexual assault and bring justice for the victims and their families. Hundreds of thousands of petitions were also put forward by various non-governmental organizations demanding better reform. Finally, on 3rd April 2013, the amendments for certain articles under the Indian Penal Code, Code of Criminal Procedure, etc. were enforced.
In spite of that, there was a lot of criticism from the public due to negligence on the part of the government and the police. This explains the reason why many crimes that women face is not reported. In addition to this, there is also a fear of disclosure due to perhaps being threatened by the perpetrator, fear of bringing shame to the family, etc.
The new amendment has changed the definition of rape, it now includes a broad variety and is not just limited to the penetration of the vagina. The Criminal Law (Amendment) Act 2013 was introduced months after the 2012 gang rape case, with stricter amended provisions that were liberal in nature – offering relief for victims of sexual assault and for the women in the country.
Although, a committee, known as the Justice Verma committee, was formed in 2012 following the Nirbhaya incident, in order to fast-track court cases in order to bring justice and relieve the victims and their families. Moreover, the Two Finger test was eradicated, this method was always deemed unnecessary, and it would only cause discomfort for the victim of rape. Non-consensual marital intercourse was also included within the context of rape, thereby holding the accused liable and blocking them from using the excuse of marriage. Following the Nirbhaya case, there has been an increase in social movements and a growth in women’s rights groups as a means of bringing awareness to this issue as well as ensuring the protection of Indian women. The Justice Verma Committee that was formed after Nirbhaya, had numerous recommendations for the amendments that were yet to be implemented by the state. This says a lot about the state of the country when it comes to women’s safety. Furthermore, one of the amendments that were enforced included police officers that refused or failed to do an FIR for rape cases that were reported to be punished, as they were committing an offense. This solid law ensured that the victims’ voices were heard, and the rapists would be held liable. The emergence of social movements ignited by women groups in Delhi as well as across India fostered a global change – as if it were a turning point. It brought about many initiatives such as the Ladies’ Special DTC, Womanifesto, Farhan Akhtar’s MARD initiative, etc. to ensure the safety of women in public.
On the other hand, in response to the mass protests and social awareness Nirbhaya stirred, men have responded by victim-blaming and even making threats to the women who were protesting in the streets. This clearly displays the patriarchal system that consumes India, and the ideology that women have no say in anything. A harsh reminder to us all that this is the reality of the world we are living in.
Methodology
This article makes use of qualitative and quantitative research to examine the current state of rape and violence against women in general in India following the brutal Nirbhaya incident including the thoughts and concerns of Indian women. The results of the research shed light on the stance of the citizens, therefore giving us a raw and honest idea of the situation.
Results
This research paper examines the results of the quantitative and qualitative research conducted as a means of accurately assessing the current state of India following the 2012 gang rape case.
Stats from the National Crime Records Bureau (NRCB) in 2017, just about five years after Nirbhaya, state that the rape cases that went to court amounted to 1,46,201 but only about five thousand of those were convicted. CNN interviewed Indian women, asking them whether they felt safe in the country, and they all shared the same answer – “No, I do not feel safe in India” “There is so much fear inside me.” This clearly shows how India has not changed at all since the gang rape case of the 23-year-old physiotherapy intern. The women interviewed also called for a ‘fast-track’ of rape trials. In this way, justice is brought to the victim and their family – and the accused are promptly punished for their horrible crimes. Despite the stricter anti-rape laws being enforced, India has still failed the goal of these laws. The lack of systemic reform is obvious, considering the amounts of horrifying cases of rape we are seeing on the news every other day.
Mukesh Singh, one of the men responsible for the Nirbhaya case had said in a documentary titled ‘India’s Daughter’ that if the victim remained silent and let the rape happen, then they would have spared her. He also said that girls should not be roaming outside at nine pm at night. An eighteen-year-old male college student had noted that Mukesh Singh spoke what the majority of the men in the country think. Despite India’s efforts to mitigate the staggering rape statistics, as well as overall crimes/violence against women, the situation in the country is still dire. As mentioned earlier, due to the lack of systematic reform and proper implementation – the stringent amendments that have been imposed have made little to no difference to the tense situation that women are facing.
Discussion
The research conducted has shown that the country needs to be proactive in ensuring the safety of women. The deep-rooted societal and cultural norms as well as the patriarchal views that the majority of the people hold, make it a difficult path to trek for any woman that is a victim of sexual assault or other forms of violence. Dozens of interviews and research give us the same answer: women in India are not safe. Even the post-Nirbhaya amendments, even after the dozens of protests and petitions and concerns that are being voiced – things seem to remain the same. Not to mention the recent rape and murder of the Kolkata doctor, which has possibly cemented India’s reputation for being unsafe for women.
Conclusion
It can be certainly said that we are yet to see any sort of progress in India regarding the status of rape and women's safety. The Nirbhaya gang-rape had shocked the country to its very core, and it took this case for the government to spring into action and work on publishing stricter amending laws for rape/sexual assault. Unfortunately, even after these changes, things do not seem to have changed. As aforementioned, it is also the deeply rooted cultural and societal views that are a common theme in South Asian cultures that amount to this, including patriarchal standards that are usually the foundation of families. A veterinary doctor was raped and burned to death, following that and a more recent incident – the rape and murder of a trainee doctor. The crime took place in the college hospital’s seminar hall – women are now worried about going to work as they are not even safe there. The truth is: that there is truly no safe space for women unless we do something about it.
Every few years, a woman is raped and murdered, and it attracts massive media attention. It is our duty as human beings to come together and put an end to this horror. However, the dark shadow continues to engulf the country. Amendments are passed, but the mindset remains unchanged. This is the sad reality for women in India, and in fact, around the world. Thus, it begs the question: have things changed post-Nirbhaya? See for yourself, the answer is crystal clear.
AUTHOR:
Leisa Firoz
University of Central Lancashire
REFERENCES
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