On January 26, 2022, as the nation celebrated Republic Day, a young woman was brutally gang-raped in Delhi. She was subjected to unimaginable violence: her face was blackened, her hair cut off, and she endured brutal assaults, including kicks, punches, and blows with bats, sticks, and rubber pipes. The culmination of the atrocity was paraded through her streets, a horrific sight that showed the depth of depravity in violence against survivors.
The struggle for justice continues, haunting the victims trapped in a relentless cycle of bureaucratic hurdles. Her mentor, Tej Pratap Singh, sheds light on the widespread plight of survivors of sexual violence in India. “This is the worst crime we have seen in Delhi in recent times, but the victim is yet to get justice. This is not the only case; I have many clients who come to me and complain that the police refuse to register a case. I sympathize with the police, who have a lot on their plate. Well, the reality is that justice is not easy for victims in our criminal justice system.
A study by the Commonwealth Human Rights Initiative (CHRI), analyzing incidents of rape and gang rape in India from 2014 to 2022 using data from the National Crime Records Bureau (NCRB), reveals a grim reality: amendments to criminal laws after the horrific 2012 . There has not been much change in the cases of gang rape and sexual violence against women. The findings from this research raise serious concerns about the effectiveness of the treatment
Rape and gang-rape: Justice remains elusive
On January 26, 2022, as the nation celebrated Republic Day, a young woman was brutally gang-raped in Delhi. She was subjected to unimaginable violence: her face was blackened, her hair cut off, and she endured brutal assaults, including kicks, punches, and blows with bats, sticks, and rubber pipes. The culmination of the atrocity was paraded through her streets, a horrific sight that showed the depth of depravity in violence against survivors.
The struggle for justice continues, haunting the victims trapped in a relentless cycle of bureaucratic hurdles. Her mentor, Tej Pratap Singh, sheds light on the widespread plight of survivors of sexual violence in India. “This is the most heinous crime we have seen in Delhi in recent times, but the victim is yet to get justice. This is not the only case; I have many clients who come to me and complain that the police refused to register their case. I sympathize with the police, whose plate is Too bad, the reality is that justice is not easy for victims in our criminal justice system.
A study by the Commonwealth Human Rights Initiative (CHRI), analyzing incidents of rape and gang rape in India from 2014 to 2022 using data from the National Crime Records Bureau (NCRB), reveals a grim reality: amendments to criminal laws after the horrific 2012 . There has not been much change in the cases of gang rape and sexual violence against women. Findings from this research raise serious concerns about the effectiveness of the Nirbhaya reforms.
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The CHRI findings show a mixed bag – while some states have managed to reduce their cumulative figures, others have seen alarming increases in reported cases. Moreover, the NCRB reports fail to address the troubling phenomenon of crime barking, where the police either refuse to register First Information Reports (FIRs) based on reported incidents or choose to register lesser crimes that carry lesser punishments.
In an interview with The Probe, CHRI director Venkatesh Nayak addressed the glaring weaknesses in the implementation of the criminal law amendments introduced after the Nirbhaya case.
Says Nayak, “In our three-part study, we found that implementation of the Criminal Law Amendment Act, which came into effect in 2013 after the Nirbhaya case, was problematic. We wanted to see if there has been any improvement in the system in the last 9-10 years after the new law came in. But what we have found is an increase in cases of rape and gang rape where the perpetrators decide to end the victim’s life, so she is not able to stand in court and testify against them. That number has increased. Similarly, there has been no perceptible decrease in the number of cases in which survivors are attacked but survive – there is no perceptible decrease.”
Nayak lamented the pathetic state of affairs with regard to the disposal of cases by the police due to the systemic failure that plagues the criminal justice system. “We are finding a large number of cases where the police are only filing B reports in cases of rape and gang-rape, when they say the victim is dead, but no one is guilty of the crime. This is a telling accusation of our criminal justice system. The conviction rate In short, I can tell you that the solutions designed to address these heinous crimes have not necessarily worked.”
In states and Union Territories where the number of reported cases has increased, an important question arises: does this trend indicate an improved police attitude towards survivors, or does it reflect an alarming increase in the actual incidence of these crimes each year?
“In Part 3 of our study, we examine district-wise data. It is worrying if some districts remain in the top ten in the country for such heinous crimes of rape and gang-rape over a period of eight to ten years,” Nayak said. Can’t because people have more faith in them and the criminal justice system, which has led to more reports of rape and gang rape.”
The CHRI report states that convictions for rape alone are rare and police attribute the high acquittal rate to strict trial court standards and the prevalence of false accusations, but these claims require deeper investigation.
Sunitha Krishnan, founder of Prajwala, a non-profit organization dedicated to the rescue and rehabilitation of victims of sex trafficking and sex crimes, asserts that while police accountability is important, it is not the only factor in the challenges of addressing sex crimes. She narrates a harrowing incident: “In 2018, we rescued around 36 children from brothels in Telangana. The youngest was three years old, and the eldest was ten. The police did a commendable job; The charge sheet was filed in two and a half months. However, the trial has not started, it has been delayed for six years. Why? Because the accused are supported by a battery of lawyers who are deliberately obstructing the process. They took the matter to the High Court and then to the Supreme Court. Therefore, when justice is delayed, many factors come into play. “
Highlighting the critical need for societal change in attitudes towards sexual violence, Krishnan says that despite improvements in reporting mechanisms, basic mindsets about rape and gang rape remain largely unchanged. “Some things have changed in terms of better reporting of cases. But society’s attitude towards rape and gang rape has not changed. What hasn’t changed is the way society shames and blames the victim. It hasn’t changed. Even today you’ll hear people asking, ‘Why did that night? Did she go out?’ or ‘Why was she dressed like that?”
She argues that addressing these deeply held social beliefs is essential to creating a supportive environment for survivors. “We have to address this issue socially, where there is a need to create more awareness.”
Like Krishnan, Nayak advocates more awareness and better studies so that people can access reliable data related to these violent crimes. Crisis centers run by NGOs provide a safe space for women to share their experiences, but many are reluctant to go to the police out of fear, he says. “There’s a lot of data that’s still out there and hasn’t been tapped,” he notes.
To address this gap, Nayak advocates collaborative efforts between the government and the National Human Rights Commission and Women’s Rights Commission, along with academic experts to conduct in-depth social studies. “These kinds of studies are done abroad, but there is a need for such studies in India as well,” he says.
While the NCRB is releasing annual statistics on crimes against women, including rape and gang rape, there is a need for a more in-depth analysis of this data. In particular, the lack of micro-level data on the disposition of cases by the police and trial courts limits understanding of the effectiveness of the criminal justice system in addressing these crimes. Additional studies should be conducted to fill in the gaps in existing data, as only reliable data can lead to meaningful improvements.