What the law says regarding rape: The shortcomings and implementation problems
Creation of new laws:
The December of 2012 witnessed one of the most gruesome crimes recorded in the history of India: the Nirbhaya case. It shook the country to its core and led to global public outrage. Protests, marches and rallies were held all across the world; from Delhi, Mumbai, Chennai to Bangladesh, Nepal and Paris. It was the only one out of 706 (rape/sexual assault) cases filed in Delhi in 2012 that resulted in a successful conviction against the attacker.
Consequently, Fast Track Courts (FTCs) were created to hear cases regarding sexual assault and rape. It also led to the Criminal Law (Amendment) Ordinance, 2013 which was later amended as the Criminal Law (Amendment) Act which came into force from 3 April 2013. The primary difference being that while in the Ordinance voyeurism, stalking and sexual harassment were gender neutral crimes, now only a man could commit them against a woman. Furthermore, incase of an acid attack, according to the Ordinance: a fine up to Rupees 10 lakhs could be charged. Now with the Criminal Law (Amendment) Act, the fine charged would be reasonable to meet the medical expenses of the victim.
Shortcomings of the laws:
It seems that laws are only made strict after a tragedy takes place. Till date there is no law criminalizing marital rape; unless the married girl is not under the age of 15. Furthermore, the law doesn't even acknowledging rape against men and transgenders. Are we supposed to wait till a catastrophe occurs before safeguarding their rights? Do they not deserve justice? Another shortcoming of the law is that the perpetrator of rape can only be a 'man'.
Problems due to lack of implementation and support from authorities:
The biggest concern is that people have no fear. They know that they can get away with the crime. As we witnessed in the Hathras case, the police refused to consider the possibility of gangrape at first. The FIR was registered on grounds of brutal crimes against ST/SC. It was only after the victim gave her dying declaration that they included charges of rape. In the weeks following the case there was no decrease in the number of rape cases in UP. The government continued to deny and downplay the rape allegations. The 19-year-old's body was burnt by the UP police at 3:00 am without the consent of her family who were barricaded inside their house and weren't present for the cremation. It is baffling that there could be a reason for this. It begs the question as to why is it the victim that is being cracked down on? Why not the accused? Why was there a meeting conducted in support of the accused attended by an ex- BJP MLA? The same thing happened in the Kathura rape case. Where an 8-year-old girl was drugged, held captive in a temple, sexually assaulted for a week and murdered. Six men; including a priest and three police officers were convicted of the crime. However, earlier protests by right-wing Hindu groups conducted in support of the accused individuals because they were all Hindus and the victim was Muslim. Is this what our country has fallen to: supporting the accused in such heinous and inhumane crimes? Is humanity dead? If the very authorities that are in charge of protecting the people refuse to acknowledge their problems, whom do the people turn to?
Today, neither the number nor the brutality of rape cases has declined. A few cases come into the limelight and are resolved swiftly while many others don't even make it to court. The ones that do take a great deal of time to be resolved.
"More than 32,500 cases of rape were registered with the police in 2017, about 90 a day, according to the most recent government data. Indian courts disposed of only about 18,300 cases related to rape that year, leaving more than 127,800 cases pending at the end of 2017." (https://www.reuters.com/article/us-india-rape-factbox-idUSKBN1YA0UV)
More often than not, the accused is let go or given a short sentence. FTCs and other promises made after the Nirbhaya case haven't been fulfilled. Though the number of cases reported are rising, there is a declining conviction rate.
"The conviction rates were 44.3 percent in 1973, 37.7 percent in 1983, 26.9 percent in 2009, 26.6 percent in 2010 and 26.4 percent in 2011." (Source:https://www.firstpost.com/india/a-24-21-per-cent-conviction-rate-for-rape-in-india-lower-every-year-1096959.html)
We see the same story happening over and over again to different people, in different places. This is not just about India, in England and Wales, only 1.5% of the rape cases reported led to a charge and summons (2018-19). If there are no strict consequences, people will act with impunity.Authorities have to stop dismissing these cases. What we need is swift justice in all cases, an end to victim blaming and rape culture. Teach your children to respect everyone regardless of accidents of birth.