After the infamous Nirbhaya rape case, a Bill containing harsher punishments for rapists was passed by Parliament. But it has some loopholes. laws ought to be people-friendly and not accused-friendly
Sexual violence against women and children, both young and old, is one of the most terrible crimes in the world. About five people are raped in the national capital every day. The problem with the unsolicited, self-appointed analyst, advisers and groups, who deal with rape, is that they educate women how to defend themselves. Instead, men should be taught to not indulge in sexual violence. If they do not bother about laws or social norms, then all possible measures must be taken to deal with them in an exemplary manner. The need of hour is to go to the source and start from there before the situation worsens.
According to data compiled by the National Crime Bureau (NCRB) 2015, 8,800 cases of rape on children were registered across the country under the Protection of Children Against Sexual Offences Act (POCSO). In the case of children, the data revealed, that neighbours were the biggest abusers in such cases in 2015 — 3,149 cases or 35.8 per cent.
In over 10 per cent of cases, in 2015, children were subjected to rape by their own family members or relatives. In 94.8 per cent of the cases, children were subjected to rape by someone known to them.
About 14,913 rape cases were registered under POCSO in 2015. In 2,227 cases, or 25.3 per cent, the offenders were found to be employers or co-workers.
According to the NCRB data, 34,651 rape cases were registered across the country in 2015. In 488 cases, the victim was raped by her grandfather, father, brother or son. Close family members were the offenders in 891 cases and relatives in 1,788 cases. As many as 557 women were subjected to rape at the hands of their employers or co-workers. In 705 cases, victims accused their live-in partners or former separated husbands of having raped them. The following chart is self-explanatory.
A similar set of data on women in 2015, compiled by the NCRB, shows that women were most vulnerable to assault by neighbours and those promising marriage. In 27.4 per cent of rape cases, the offenders were neighbours. In 22 per cent of cases, the offenders promised to marry the women, but did not. In nine per cent of cases, women were subjected to rape by close family members and relatives. In 95.5 per cent of rape cases, the offenders were known to the women.
In a State-wise break-up, Tamil Nadu (55 per cent) and Gujarat (over 49 per cent) had the most number of cases of sexual abuse against children at the workplace. The data also shows the law enforcers in poor light. In 2015, only 251 cases of child labour were registered across the country in which 449 children were rescued.
The data on overall crime against women shows Delhi at the top with 17,104 cases, and a crime rate of 184.3, and Assam with 23,258 cases and a rate of 148.2. Crime rate refers to the number of incidents per one lakh population of the subject group.
In the case of children too, Delhi leads the way with 9,489 cases and a crime rate of 169.4. Among larger States, Madhya Pradesh comes close with 12,859 cases and a rate of 42.8
Acting on the recommendations of the Justice Verma Committee, after the infamous Nirbhaya rape case, Parliament passed the Criminal law (Amendment) Act, 2013, which widened the definition of rape. It also provided for death penalty in rape cases that cause death of the victim or leave her in a vegetative state.
Though the law should have acted as a deterrent, the latest figures of the Delhi police show that crimes against women such as rape had increased three-fold from 706 in 2012 to 2,199 in 2015, till May 15, 2015.
The Delhi Commission for Protection of Child Rights study on adolescent girls in the slums of Delhi has revealed that abuse —
emotional, gender-based, physical and sexual — is not an uncommon experience for them. As many as 10 per cent of the 528 girls surveyed in focused interviews, numbering 51, admitted to have been victims of some kind of abuse.
According to the report, girls over 16 are soft targets of abuse. Most who reported child abuse belonged to the age groups of 16-17 years and 18-19 years (35 per cent in each group). A total of 25 per cent falls in the age group of 14-15 years. Even 10-years old reported abuse. Two per cent of the girls in the age groups of 10-11 years and 12-13 years had been subjected to abuse. Nearly 85 per cent of violence victims described the nature of abuse as ‘emotional’.
It is impossible to judge the age as to when a woman or a child or a female infant should be considered safe against rape. Right from infant to any age, to old, women are an easy subject for rape.
In one case, the police in west Delhi’s Vikaspuri area, received a complaint of a missing infant girl, from her parents. A constable heard the child’s cry in the bushes and discovered the child whose parents were construction labourers. The infant was immediately taken to the hospital where the doctors confirmed the rape.
In yet another case, a 25-year-old man was arrested on charges of raping his 13-year-old niece in north Delhi. The police said that the man also made a 29-minute video of the incident and circulated it among his friends. “The man was arrested under charges of rape and under appropriate sections of the POCSO Act. He was living in the same house as the victim’s family. He was a distant relative of the girl.”
As per latest figures from NCRB, a total of 36,735 cases of rape were reported during 2014 all over India, of which Delhi alone reported 2,166 cases — a contribution of 5.8 per cent.
Interestingly, a report submitted by Delhi Police to the Delhi High Court earlier this year showed a whopping 73.11 per cent acquittal rate in crime cases against women. It is for the simple reason that people are reluctant to give evidence. The chief reason is that all the rights under the Indian laws belong to the accused where the prosecution has to prove its case as if some body was hiding near the scene of crime and would be more than anxious to give testimony against the accused. The laws should be people friendly and not accused-friendly, as they are now. In cases of rape, the law should be changed to say that no bail would be granted. Besides, the system of free boarding and lodging at the common tax payers should come to an end.
The accused, unless he is a beggar, should be charged for stay in jail, and if he has no money, he should be hired out to to earn for his upkeep in jail. This should be equally applicable to to errant vehicle drivers. Nearly 1.25 lakh Indians lose their lives every year in road accidents.