Combating Sexual Violence with Collective Accountability

 

Combating Sexual Violence with Collective Accountability

Bruhaspati Samal

General Secretary

Confederation of Central Govt. Employees and Workers

Odisha State Coordination Committee

Mobile: 9437022669, eMail: samalbruhaspati@gmail.com

The gruesome gang rape and murder of a young medical PG student in West Bengal on August 9, 2024, have shocked the nation, bringing to light the alarming rise of sexual violence in workplaces across India. This heinous act is not an isolated incident but part of a broader epidemic of gender-based violence that has been spreading across the country. The memories of similar atrocities, such as the brutal sexual assault in Manipur in 2023, are still etched in the minds of citizens. The incidents in West Bengal and Manipur are not the only recent cases of gender-based violence in India. From the rape and murder of minors to sexual harassment at workplaces, the statistics reveal a distressing reality: women, regardless of their age, profession, or social standing, are increasingly vulnerable to sexual exploitation and violence. These crimes are a severe violation of basic human rights, and they undermine the safety, dignity, and respect that every woman deserves. These events call for urgent action, reflection, and reform. The time has come for every institution—government, law enforcement, judiciary, and society—to take concrete steps toward creating a safer environment for women. 

  Sexual harassment in workplaces, both private and public, has been a matter of grave concern for many years, but the frequency and brutality of recent cases have forced society to confront this issue with renewed urgency. The 2023 Manipur incident, where women were targeted and humiliated as part of a larger ethnic conflict, is a painful reminder of how gender-based violence intersects with other societal issues, including ethnic tensions, caste-based discrimination, and political instability. Other recent cases, such as the Unnao rape case in 2017, where a minor girl was sexually assaulted by a politician, or the Kathua rape case in 2018, where an eight-year-old girl from a nomadic Muslim community was brutally raped and murdered, reveal the horrific reality that sexual violence is not restricted to any one setting. It occurs in homes, workplaces, schools, and public spaces, cutting across lines of religion, class, and profession.

  To understand the gravity of the situation, one must look at the staggering figures on gender-based violence in India. According to the National Crime Records Bureau (NCRB) report, 2021, a total of 31,677 rape cases were reported in India, which translates to an average of 87 rapes per day. This, however, is just the tip of the iceberg, as many cases go unreported due to societal pressure, fear of retaliation, or lack of faith in the justice system. Out of the total reported cases by NCRB, 1% are below 6 years, 4% are within 6-12, 10% are within 12-16, 16% are within 16-18, 45% are within 18-30, 17% are within 30-45 and 7% are more than 45 years of age. Thus, majority of rape victims fall in the age group of 18-30 years, with nearly half of all reported cases occurring in this demographic. The alarming rise in sexual crimes against minors is also a cause for concern, as children as young as 6 years are not spared from such violence. 

The distribution of rape cases also varies significantly across states. Rajasthan reported the highest number of rape cases in 2021, with 6,337 cases. Uttar Pradesh, the most populous state in India, reported 2,845 cases of rape. However, experts believe the actual number could be much higher due to underreporting in rural areas. With 2,947 cases, Madhya Pradesh has one of the highest incidences of rape, particularly in rural and tribal regions. 2,496 cases were reported in Maharashtra, including a high number of workplace harassment cases in urban areas like Mumbai. West Bengal saw a significant rise in cases, with 1,121 reported cases of rape, including the recent murder of the medical PG student in 2024. As the national capital, Delhi is often referred to as the "rape capital" of India, with 1,226 cases of rape reported in 2021. The high visibility of crimes in the city has led to better reporting, but it remains a dangerous place for women. Other states such as Haryana, Kerala, and Assam have also seen high numbers of reported rape cases. The north-eastern states like Manipur, which witnessed ethnic violence leading to sexual assaults, present unique challenges, as cases are often linked to broader social and political issues.

  The Government of India has an obligation to ensure the safety and security of every citizen, especially women. While legislative measures like the Protection of Children from Sexual Offences (POCSO) Act, the Criminal Law (Amendment) Act following the 2012 Nirbhaya gang rape case, and the Sexual Harassment at Workplace Act are steps in the right direction, implementation remains a major challenge. Law enforcement agencies are often under-equipped, under-trained, and, in some cases, complicit in gender-based violence, as evidenced by numerous cases where police failed to register complaints or delayed investigations.

The responsibility of the legislative bodies does not end with the creation of laws; it extends to ensuring that these laws are enforced rigorously and uniformly across all states and sectors. Regular audits of workplaces, public awareness campaigns, and training programs for police and judicial officers on handling cases of sexual violence sensitively and effectively are essential. The government must also ensure that fast-track courts, which were set up to deal with rape cases expeditiously, function effectively to provide justice without unnecessary delays. Moreover, legislators should focus on reforming the criminal justice system to ensure swift justice for victims. Lengthy trials often discourage victims from pursuing legal recourse, leading to low conviction rates. By strengthening forensic infrastructure, improving the efficiency of investigative agencies, and ensuring protection for whistleblowers and survivors, the government can take concrete steps toward reducing the incidence of such crimes. 

The judiciary, as the guardian of rights and freedoms, must play an active role in ensuring justice for victims of sexual violence. While landmark judgments, such as the one in the Nirbhaya case, have reaffirmed public faith in the judiciary, there are still gaps in the system. Delays in court proceedings, a backlog of cases, and sometimes lenient sentencing are just a few of the challenges that hinder justice. Judges must be sensitized to gender issues, and courts should adopt a victim-centered approach in handling cases of sexual violence. Victims should be provided with adequate legal support, including free legal aid and protection, so they can testify without fear of intimidation or harassment. Special provisions should also be made for the protection of minors and marginalized women, who often face additional barriers in accessing justice. Fast-tracking sexual violence cases, ensuring anonymity for victims, and providing compensation for their mental, physical, and emotional trauma should be prioritized by the judiciary. The courts must also collaborate with law enforcement and civil society to monitor and ensure the effective implementation of laws aimed at protecting women. 

At the heart of the issue of gender-based violence is the role of society and individuals. Patriarchal attitudes, deeply ingrained gender norms, and victim-blaming culture all contribute to the perpetuation of sexual violence. Often, victims are shamed for their attire, behaviour, or choices, while perpetrators are protected by systems of power and privilege. To bring about meaningful change, society must re-evaluate its attitudes toward women. Every individual has a role to play in ensuring that women are treated with respect and dignity. Men, in particular, must challenge toxic masculinity and speak out against harassment and violence. Parents and educators must work to instil values of equality, consent, and mutual respect in children from a young age. Public awareness campaigns, education programs, and community initiatives can help shift public attitudes and reduce the stigma attached to survivors of sexual violence. Additionally, bystander intervention programs can empower individuals to take action when they witness harassment or assault, creating a culture of accountability in public and private spaces. 

NGOs and social activists have played a critical role in advocating for women's rights and supporting victims of sexual violence. From providing legal aid and counselling to raising awareness about gender-based violence, these organizations have been at the forefront of the fight for gender justice. They have also played a crucial role in holding governments and law enforcement agencies accountable when they fail to act on cases of violence against women. NGOs should be supported and encouraged to work closely with law enforcement and the judiciary to ensure that victims of sexual violence receive the justice and support they deserve. Governments can collaborate with these organizations to run educational campaigns, set up helplines, and provide shelter and rehabilitation services for survivors. Social activists, too, have a responsibility to keep the issue of gender-based violence in the public eye. Through protests, public campaigns, and social media activism, they can put pressure on the government and society to take action. In recent years, movements like #MeToo have shown the power of collective voices in breaking the silence around sexual violence and challenging the impunity of powerful perpetrators. 

While India has made significant strides in creating laws to protect women, there is still much more to be done. The Criminal Law (Amendment) Act of 2018 introduced the death penalty for rapes of minors under 12, but there is ongoing debate about whether capital punishment is a deterrent to sexual violence. More importantly, legal reforms must focus on prevention rather than just punishment. Stringent laws must be enacted to address workplace harassment, and all companies, irrespective of size, must be required to implement the guidelines of the Sexual Harassment at Workplace Act. Regular monitoring, mandatory training sessions on gender sensitivity, and the creation of safe spaces for reporting harassment are essential to ensure women’s safety in professional settings. Furthermore, the introduction of more inclusive laws that address the intersectional vulnerabilities faced by women from marginalized communities—Dalits, Adivasis, LGBTQIA+ persons, and women with disabilities—is essential. Sexual violence is often exacerbated by social inequalities, and the law must recognize and address these complexities. 

The importance of women in society cannot be overstated. Women are the backbone of families, communities, and economies. They play pivotal roles as mothers, daughters, sisters, and leaders. Ensuring their safety and well-being is not only a matter of human rights but also essential for the holistic development of society. In Indian culture, women are often revered as goddesses and mothers. However, this respect must transcend symbolic gestures and translate into everyday actions. Men must learn to see women as equals, deserving of the same rights, opportunities, and respect. Treating women as mothers, daughters, and sisters does not mean imposing protectionist attitudes but rather recognizing their autonomy, agency, and humanity. 

The tragic incidents of gang rape and murder in West Bengal, Manipur, and across India are stark reminders of the pervasive threat of sexual violence that women face every day. To combat this, a collective and sustained effort is required. The government must strengthen laws and ensure their effective implementation, the judiciary must deliver timely and fair justice, and society must change its attitudes toward women. At the same time, NGOs, social activists, and individuals must continue to speak out against violence and work towards creating a world where women are safe, respected, and valued. Only through a concerted effort across all levels of society can we hope to eliminate the scourge of sexual violence and build a more just and equitable world for future generations.

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