Just days after the rape and murder of a female intern in Kolkata, a city in eastern India, on August 9, two 4-year-old girls in Maharashtra were also sexually assaulted. On August 26, a 19-year-old nursing student was drugged and raped after drinking a beverage offered by the driver while on her way home. Following the 2012 gang rape case that shocked the world, India enacted several laws and implemented multiple measures to protect women’s safety. However, heinous cases continue to appear in the media. What are the deeper causes of the frequent rape cases in India? Why haven’t strict laws curbed these crimes? This has sparked various reflections and discussions in Indian public opinion.
Protection Strengthened, But “Change Is Not Enough”
“Strict laws to protect women and seek justice for them are in place, but we need to make them more effective,” Indian Prime Minister Modi remarked on August 31 regarding the recent rape and murder of a female intern in Kolkata, according to The Hindu.
After the 2012 gang rape case, India indeed strengthened women’s protection on multiple fronts, including legislation and law enforcement. In her book Mist and Wisdom: Experiencing India Firsthand, Professor and Vice Dean Zhang Wenjuan of Jindal Global Law School in India noted that on December 23, 2012, just a week after the gang rape, Chief Justice Verma of the Indian Supreme Court led the formation of a committee to review India’s anti-rape legislation. By January 2013, the committee had made a series of recommendations, including severe punishment for rape and expediting trials. The Indian Parliament responded swiftly, passing long-delayed legislation, such as the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act in 2013. Additionally, a new section, 326A, was added to the Penal Code to severely punish acid attacks on women, a frequent occurrence in Indian society.
Based on Justice Verma’s recommendations, India began setting up fast-track courts for rape cases. Official data from India’s Ministry of Law and Justice shows that as of June 2022, India had established 728 fast-track courts for rape cases and 389 special courts for child sexual abuse cases. Additionally, the Delhi Police increased the number of female officers to enhance gender sensitivity in law enforcement. Night patrols were intensified, and all police officers were required to undergo gender awareness training. The Delhi government also mandated that all taxi and auto-rickshaw drivers undergo gender awareness training. In 2015, India amended the Juvenile Justice (Care and Protection of Children) Act, lowering the age for juveniles under this law from 18 to 16 in response to concerns about the leniency of punishments for 17-year-olds involved in rape.
Since 2012, the Indian police have installed surveillance cameras in many neighborhoods and railway stations, and some buses have been equipped with guards and GPS systems to track their location in case of a crime. The local police launched a women’s safety initiative, where from 10 PM to 6 AM, any woman who was out alone and unable to find transportation could call a police hotline to request a free ride home.
Official Indian data shows that the country has 2.22 rape cases per 100,000 people, compared to 85.59 in Sweden, 41.82 in the United States, and 15.06 in Germany. Based on these figures, the rape problem in India doesn’t appear to be the worst. However, The New York Times argues that in many ways, India remains one of the most dangerous countries for women globally. Georgetown University’s Institute for Women, Peace, and Security ranked India 128th out of 177 countries in its 2023 index, which measures women’s marginalization, justice, and safety in society. According to World Bank data, 35% of Indian women aged 15 to 49 have experienced physical or sexual violence by a partner, higher than the global average of 27%. In 2022, India investigated nearly 45,000 cases of violence against women, according to the latest data from the National Crime Records Bureau (NCRB). According to Deutsche Welle, nearly 90 rapes were reported daily in India in 2022, and the actual number is likely much higher, as many victims choose not to report due to fear of retaliation and widespread stigma.
A “Cultural Problem That Needs Resetting”
In analyzing the causes of the high frequency of rape cases in India, media outlets and scholars in India and other countries have cited the “patriarchal structure.” Deutsche Welle previously quoted experts who argued that in a patriarchal society, women are treated as “second-class citizens” in India, a mindset instilled in children from a young age. Experts have pointed out that violence against girls and women often occurs within their communities. According to India Today, NCRB data from 2021 shows that in 96.5% of rape cases, the perpetrators were known to the victims, including friends and family.
Indian society suffers from a low status of women and gender discrimination. In India, the harshest insult is to wish someone to have a daughter. Vandana Wadhwa, a scholar from New Delhi who teaches at Temple University’s Japan Campus, wrote in The Japan Times that cultural norms and customs place women in subordinate positions within Indian families and society, perpetuating a cycle of inequality and oppression. Historically, practices such as dowry harassment, female infanticide, and child marriage have further normalized violence and entrenched harmful gender stereotypes.
“Rape is a cultural issue that needs resetting,” argues India Today. Rape is not just a law and order issue but also a family, community, and cultural problem. Mukesh Singh, one of the main perpetrators of the 2012 gang rape, claimed that women wandering at night “need to be taught a lesson.” Sharma, the defense lawyer for one of the perpetrators, compared women to “diamonds,” stating that if you leave a diamond on the street, “dogs will take it away.” The Equal Community Foundation in Pune, India, is dedicated to raising gender awareness among young boys from low-income families. Foundation members Kartik and Kasulkar told the media that many of these boys believe that girls wearing Western clothing are “immoral” and therefore “deserve to be harassed” because “they brought it upon themselves.”
As Modi stated on August 31, while laws to protect women are in place, they need to be more effective. Despite the increase in reported rape cases in India, the conviction rate for such cases remains low. Deutsche Welle reported that Vrinda Grover, head of the NGO “Awake, Women,” which focuses on women’s issues, pointed out that rape cases are often poorly investigated, with inadequate collection of initial evidence, allowing those with power and influence to remain free.
BBC previously reported that just days after a 19-year-old woman was gang-raped and killed in Hathras, Uttar Pradesh, in 2020, a senior police officer suggested that she had not been raped because no semen was found. In fact, before her death, the victim had reported to the police in the presence of a local judge, clearly stating that she had been gang-raped. Subsequently, local police cremated the girl’s body in the middle of the night “without her family’s consent.” A journalist who witnessed the cremation from afar told the BBC that the police did not allow the girl’s family or the media to approach.
“India’s problem of sexual violence is not just about safety and justice; unfortunately, it has also been politicized,” Wadhwa wrote in her article. She argued that some riots driven by political agendas have become the backdrop for sexual violence, with religious differences used as an excuse for sexual assault. Whether during the 2002 Gujarat riots or the 2013 Muzaffarnagar riots in Uttar Pradesh, women were assaulted in all these incidents, often spending decades trying to hold the attackers accountable. Regardless of which party is in power in India, sexual violence is used as a political tool. On the public level, religious issues are used to obscure the core issue—the safety and rights of women.
Some nonprofit organizations argue that India’s long-standing caste system is another reason why women at the bottom of the caste hierarchy (known as Dalits or “untouchables”) are particularly vulnerable to sexual violence and abuse. Men from higher castes often use sexual violence as a weapon to reinforce oppressive gender and caste hierarchies.
“I Will Strive Not to Fear the Dark”
“Not 5 or 6 in the morning, not 7 or 8, but midnight, I want to walk the streets… I want to walk, I want to take the bus. I will sit in the park. I will strive not to fear the dark; let me be free.” According to The Wire, shortly after the 2012 gang rape case, a veteran theater practitioner first performed the play Walking at a gathering, calling for the protection of women. Following the rape and murder of the female doctor in Kolkata, the “Take Back the Night” protests spread across India.
How can women in India feel safe in public places at night? Gupta and Meena Reddy, who were interviewed by Global Times, mentioned the need to challenge patriarchal norms and promote gender equality in all areas of life. They argued that the government should invest in programs that engage men and boys, educating them to change their attitudes toward women. Sharma also emphasized that the government should focus on promoting gender education and awareness, increasing students’ understanding of gender relations, and teaching them to respect women.
Meena Reddy also suggested that the Indian government should improve urban planning, provide better lighting, safe public spaces, and reliable public transportation. She also called for the government to reform the criminal justice system to ensure faster trials and higher conviction rates and to invest in women’s economic empowerment activities, as economic independence helps reduce violence against women. “Finally, we need to continue campaigns to change societal attitudes, challenge the normalization of violence against women in the media, culture, and everyday life.”
The Deccan Herald argued that building a specialized police force with expertise and independence is crucial for ensuring women’s safety. The article stated that many rape-murder cases in India cannot be investigated or prosecuted due to a lack of evidence, and that police often lack the necessary expertise when collecting evidence. Sometimes, police officers tasked with investigating both economic crimes and rape cases lack the specialized knowledge required for either, highlighting the need for units focused on specific types of crimes.
India’s The Print website also suggested that the issue of rape should be politicized because it would bring these cases into the public eye, prompt discussions in legislative bodies, and subject police actions to greater scrutiny. Moreover, these cases could expose some systemic and structural issues. The article noted that in the Kolkata rape and murder case, the plight of young female doctors and staff, their excessive working hours, and the lack of basic infrastructure in hospitals became topics of intense public debate for the first time.
From 2012 to the present, India has taken many actions to protect women. The social movement sparked by the 2012 gang rape case brought issues of sexual violence and traditional gender biases to the forefront, a significant achievement. However, India’s cultural transformation still has a long way to go.
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