THE CONTEXT: The persistent issue of sexual violence in India underscores the failure of existing political, legal, and social systems to protect victims and hold perpetrators accountable. Recent events, such as the horrific murder and rape of a doctor in Kolkata, highlight the urgent need for comprehensive reforms.
THE ISSUES:
- Impunity and Legal Framework: The introduction of the Bharatiya Nyaya Sanhita (BNS) was intended to advance gender justice; however, it has not succeeded in establishing a culture of deterrence against sexual violence. Despite the inclusion of the death penalty for rape, which contradicts feminist recommendations, and the reordering of the penal code, these measures have not effectively addressed the problem. The BNS disregarded crucial recommendations from the Verma Committee and autonomous women’s movements, which sought to hold states accountable for preventing widespread sexual violence.
- Institutional and Workplace Safety: Unsafe working conditions for women, particularly in medical and healthcare settings, are a significant concern, as exemplified by the tragic incident at RG Kar Medical College. There is a notable deficiency in institutional safety measures, including the provision of restrooms and transportation for female healthcare professionals. Additionally, the inadequate implementation of the Vishaka guidelines for preventing workplace harassment exacerbates these issues.
- Backlash and Censorship: An institutionalized backlash exists against individuals who challenge sexual harassment, with dissent and critique frequently being censored or criminalized. This phenomenon is evident in the criminalization of protests, such as the Hathras case, where legal mechanisms are employed to reinforce patriarchal and caste-based orders.
- De-funding of Women’s Groups: The widespread de-funding of women’s organizations that support rape survivors and combat gender-based violence has resulted in a significant loss of expertise and support for victims. This financial neglect is accompanied by institutional capture, where nepotism and arbitrary processes undermine inclusive governance and compromise women’s safety.
- State’s Role and Priorities: The state is criticized for prioritizing funding for male-centric technologies, such as forensics and CCTV, while neglecting essential support for rape survivors, including the provision of necessities during forensic examinations. The lack of funding for shelter homes and financial support for survivors further exacerbates their vulnerability.
- Cultural and Social Dynamics: Patriarchal and majoritarian societal norms continue to dominate the discourse on sexual violence, often marginalizing feminist perspectives and constitutional doctrines on intersectionality. The portrayal of sexual violence in media and public discourse frequently perpetuates harmful stereotypes and fails to address the systemic issues of power and control that underpin such crimes.
THE WAY FORWARD:
- Strengthening Legal Frameworks and Enforcement: The Verma Committee proposed introducing “breach of command responsibility” to hold senior officers accountable if their subordinates commit rape, especially in conflict zones. Implementing such measures can strengthen institutional accountability. Align legal processes with the Vishaka judgment, which mandates employer accountability in preventing workplace sexual harassment. Current practices often leave redressal to employers with vested interests, leading to institutionalized backlash against victims.
- Institutional Reforms and Support for Survivors: Restoring funding of women groups can provide essential services and advocacy for victims. Establish shelter homes and safe houses for survivors. The state currently lacks funds for these essential services, which are critical for providing immediate safety and support. Ensure that rape survivors receive necessary items like clothing and sanitary products when their personal items are taken for forensic analysis. This should be part of the right to life jurisprudence.
- Intersectional Approaches and Community Engagement: Courts must ensure that marginalized groups, such as Muslim and Dalit women, feel safe in legal and medical institutions. Implement programs to educate communities about the impact of sexual violence and the importance of supporting survivors. This can help change societal attitudes and reduce stigma.
- Data Protection and Ethical Use of Technology: Prevent the leakage of sensitive information and images of victims by state and non-state actors. Such leaks are used for political gain and further victimize survivors. Use technology like CCTV and biometrics responsibly, ensuring data protection and privacy for women. Current practices often lack safety audits and can increase vulnerabilities.
- Developing a Culture of Deterrence through Tort Law: Institutions should be held liable under tort law for failing to provide a safe environment for women. This can create a culture of deterrence and accountability. Encourage the use of empowering feminist language in legal arguments to shift away from patriarchal narratives that dominate discussions on sexual violence.
THE CONCLUSION:
Addressing sexual violence requires both immediate and sustained efforts, including legal reforms, institutional accountability, and community engagement. By implementing these solutions, society can work towards a safer and more equitable future for all individuals.
UPSC PAST YEAR QUESTIONS:
Q.1 What are the continued challenges for women in India against time and space? 2019
Q.2 Women’s movement in India has not addressed the issues of women of lower social strata. Substantiate your view. 2018
Q.3 How does patriarchy impact the position of a middle-class working woman in India? 2014
MAINS PRACTICE QUESTION:
Q.1 Discuss the importance of intersectionality in addressing sexual violence in India. How can the justice system be made more inclusive and sensitive to the needs of marginalized communities?
SOURCE:
https://indianexpress.com/article/opinion/columns/pm-modi-meets-president-zelenskyy-9527618/
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