The rate of sexual abuse cases in India is increasing. According to the latest data from the Crime Bureau, 88 women are raped in the country every day, 93% of which are by people known to the victims. The situation is dire, the solutions are limited, and the numbers are rising!

Statistics show that over the past decade, more than 32,000 women were raped in just the 5 states of Rajasthan, Uttar Pradesh, Madhya Pradesh, Maharashtra, and Kerala over the last three years.

The horrifying case of Nirbhaya in 2012 had spurred a wave of laws and acts to protect women from sexual abuse, and several fast-track courts were appointed to speedily review and resolve these cases. However, the fact remains that despite putting these laws and protective measures in place, the number of sexual abuse cases is still rising.

Case in point, the offenders of the Nirbhaya case were convicted in 2013 but were actually sentenced to death in 2020; and this was considered a fast resolution! This delay in justice means that women who have suffered sexual abuse have to attend court hearings even years after the incident has taken place and they have moved on with their lives.

The Scenario So Far

There are several reasons for this widespread increase, such as social conditioning, public perception, and a lack of punishment of the guilty. A sexually abused woman is not treated with respect in the community, and hence women are afraid to admit or report that they have been the victims of such a crime. So instead of the perpetrator being punished, it is the victim who gets punished instead!

Underreporting, flawed investigations, improper documentation by doctors, and lack of structured processes have also proven to be a hindrance in tracking and resolving rape cases accurately.

Initially, there wasn’t even a uniform examination standard for reviewing these cases; however, after the 2012 gang-rape case, there are now legal procedures in place that are to be followed while reporting and reviewing a sexual abuse crime.

Another important reason why these cases are increasing is the political clout and layers of protection that the offenders usually have, often going scot-free by pulling strings or calling in favours to escape justice. The measures in place to protect the victim and witnesses are highly inadequate, resulting in a skewed judicial process.

Lack of basic infrastructure in villages and small towns, such as individual/public toilets, electricity, and well-lit roads, also result in an upsurge of cases as women are often accosted in such lonely and vulnerable places. There are several cases in rural areas, where women were sexually abused when they had gone early morning in the fields to answer nature’s call.

The Way Forward

The Government of India has put into place several existing constitutional and legislative measures in place to safeguard women from sexual abuse including the Criminal Law Amendment 2012, POCSO 2012, Sexual Harassment at Workplace Act 2012, and many others. The importance of having a toilet in every home has become a significant step in this progressive direction, to offer safety and privacy to women. However, the efficacy of these measures still remains under question.

What this signals for the future is that there is an urgent need for implementation of the legal reforms that will increase the safety of women, in word and spirit. There need to be efficient and speedy processes in place relating to the investigation and resolution of the crime, a uniform code which all police stations, courts, and lawyers can refer to, and faster delivery of justice without keeping cases pending in court for years.

In addition, perhaps the most important thing we need to do is increase gender sensitization. We need to empower the community to respect women and girls from all strata of society as equals and treat them accordingly. Our boys need to be educated and made aware of these issues, and our girls need to be empowered to defend themselves if, heaven forbid, they ever find themselves in such a situation.

It is important for the nation as a whole to understand and participate in this endeavor of protecting our women and girls for us to see a significant change in society. The Survivor Treatment, Advocacy, and Responsibility (STAR) Program created by Dr. Duru Shah at the Federation of Obstetric and Gynaecological Societies of India(FOGSI) is an excellent initiative to help doctors understand how to manage a case of sexual abuse, from the documentation to the psychological assistance which they can provide to the survivor of such a crime. Hopefully, by sensitising doctors and with effective documentation, we will be able to contribute to the safety and justice of our girls!

Going ahead, educating our men and empowering our women are the twin ways in which we can bring about change in the cultural mindset, in conjunction with strict implementation of the legal reforms in place to protect our girls and women.