Dr. Somya Misra & Madhurjya Saikia
(drsomyamisra@gmail.com)
The rape and murder of a young and promising doctor in Kolkata has sent ripples of shock and grief across India. This horrifying incident underscores not only the immediate need for justice but also the broader issue of moral degradation and its implications for safety and justice. The brutal nature of the Nirbhaya rape and murder case in Delhi in 2012 led to widespread public outrage and led to significant legal reforms, including the introduction of the Nirbhaya Act. High-profile cases and ongoing incidents of rape have led to increased public awareness and activism, pushing for an urgent call to craft safer spaces for women in our society. This has become a dire need to ensure that women feel safe in every environment—be it at home, work, or public places—in order to promote equality and respect in our society.
The severity of rape incidents in India can be comprehended by the alarming statistics of 31,677 reported cases of rape, according to the National Crime Records Bureau’s (NCRB) Data of Crime in India 2021 report. The preliminary data for 2022 suggested that rape cases continued to rise, with early reports indicating around 33,000 cases. Also, the rate of rape incidents per 100,000 people in India was about 2.3. Moreover, many experts estimate that only 10–20% of rape cases are reported, meaning the actual number of incidents could be significantly higher than the statistics suggest. In today’s digital age, women are also increasingly facing online harassment through various forms such as cyberbullying, stalking, and unsolicited explicit content. This form of abuse greatly impacts women’s mental health, safety, and overall well-being. Victims frequently encounter threats, derogatory comments, and invasive behaviours that perpetuate a hostile online environment. Despite efforts to implement regulations and digital safety measures, many women continue to experience fear and intimidation, highlighting the urgent need for stronger protective measures and supportive resources to combat this pervasive problem.
The rising incidence of rape and harassment in India is driven by deeply entrenched socioeconomic and cultural factors, including patriarchal attitudes, traditional gender roles, and widespread discrimination. These issues, combined with inadequate sexual education, limited resources, and ineffective legal responses, create an environment where violence against women is normalised and survivors face significant barriers to justice. Social stigma, inconsistent law enforcement, and inadequate support systems further exacerbate the problem. Additionally, psychological factors in perpetrators, such as a sense of entitlement and past abuse, contribute to sexually violent behaviour.
Addressing this alarming rise in rape incidences requires a comprehensive approach that includes a cultural change towards gender respect and equality along with legal reforms and improved support systems. A welcome change in this direction is the replacement of the Indian Penal Code (IPC) by Bharatiya Nyaya Sanhita (BNS), 2023, with effect from July 1, 2023, thereby bringing significant changes to India’s criminal laws. The new changes include making some laws gender-neutral and providing better protection for minors. The BNS has introduced a new chapter called Offences against Women and Children, focusing on sexual offences with renumbered and classified rape laws based on the victim’s age groups. It has also increased the age of consent for married women and revised laws to provide equal protection for all minors, regardless of gender. Overall, these reforms aim to modernize criminal laws and provide equal protection for minors and stricter penalties for sexual and violent crimes. Other important laws that protect women in India include the Protection of Women from Domestic Violence Act, 2005, which protects women against physical, emotional, and financial abuse at home. The Dowry Prohibition Act, 1961, makes demanding dowry illegal, a common cause of violence against women. At the workplace, the Sexual Harassment of Women at Workplace Act, 2013, ensures a safe working environment and outlines procedures for handling harassment complaints. The Criminal Law (Amendment) Act, 2013, introduced after the Nirbhaya case (2012), made laws on sexual violence stricter, increasing punishments for rape, stalking, and voyeurism. The POCSO Act, 2012, offers detailed protection for minors from sexual abuse, while laws like the Immoral Traffic (Prevention) Act, 1956, and Section 370 of the IPC deal with human trafficking for forced labour and prostitution. Various state and central laws, along with Supreme Court guidelines, address crimes like honour killings and dowry deaths. The National Commission for Women (NCW) monitors violations of women’s rights and ensures their protection. The Supreme Court of India has delivered several important rulings, such as the Vishakha Guidelines (1997), which prevent workplace sexual harassment, and the Shakti Vahini vs. Union of India (2018) case, which declared honour killings illegal. The Indian government has launched various programs to prevent crimes against women. The Nirbhaya Fund supports safety projects like CCTV cameras, panic buttons, and women’s help desks at police stations. One Stop Centres (Sakhi Centres) offer medical, legal, and counselling support to women affected by violence. The Women Helpline Scheme (181) provides emergency assistance, while the Mahila Police Volunteers (MPV) initiative trains women to report violence and help victims. The Beti Bachao, Beti Padhao program focuses on educating girls to reduce gender-based violence. The National Database on Sexual Offenders (NDSO) tracks sexual offenders, and the Cyber Crime Prevention against Women and Children (CCPWC) initiative fights online harassment. Together, these laws, reforms, and programmes aim to create a safer environment for women and minors across India.
Another crucial point to be highlighted here is the huge under-representation of women in politics and decision-making roles that worsens safety and equality issues, leading to inadequate policies addressing gender-based violence, discrimination, and harassment. In India, women hold only 15.3% of Lok Sabha and 12.6% of Rajya Sabha seats, emphasizing the need for increased female participation in politics. Women in leadership roles play a crucial role in combating sexual violence and pursuing justice by bringing essential perspectives that help shape effective policies and interventions. Their presence is a key to developing comprehensive strategies, enhancing legal frameworks, and ensuring responsive support systems for survivors. High levels of female political representation in countries like New Zealand and Sweden—approximately 48% and 47%, respectively—demonstrate the positive impact of women’s leadership on combating sexual harassment. These nations have implemented strong anti-harassment policies, including robust legal frameworks, public education, and supportive measures, underscoring how women’s leadership fosters effective strategies and contributes to a more equitable and just society.
Thus, addressing and combating rape demands a multifaceted strategy to both break the silence and dismantle the stigma surrounding sexual violence. This involves enhancing moral education in schools to promote respect and consent, fostering open dialogue through comprehensive educational programs and public campaigns, and establishing robust support systems for survivors with accessible reporting mechanisms and resource centres. It is also critical to challenge victim-blaming attitudes, advocate for necessary policy reforms, and ensure responsible media reporting. Increasing female representation in politics and decision-making roles is essential for crafting well-resourced and effective policies that address women’s unique challenges. Additionally, creating safer environments requires practical measures such as improving physical safety with better public lighting and security systems, strengthening regulations against online harassment, and designing public spaces with women’s safety in mind. A concerted effort from technology companies, policymakers, and society is needed to ensure a safer and more respectful digital space for all. By translating awareness into decisive actions and cultivating a culture of respect, support, and accountability, we can build environments where women are genuinely protected, valued, and empowered to thrive.