Women’s protection in India requires a mindset revolution
- Fundamental changes to the system that make investigations more scientific, raise accountability of public officials and increase general sensitivity on gender issues are crucial to make women feel safe anywhere and anytime.
Two steps forward, one step backwards has been the sordid tale of women's protection in India. But the recent rape of a young woman in Uttar Pradesh's Hathras and her hurried cremation has turned the clock back on even this unfortunate legacy.
After being assaulted by a group of four men, the victim succumbed as she was not given sufficient medical attention and was ignored by the police. That her family was not even allowed to attend her funeral speaks of official high-handedness and apathy.
India already has a reputation that at short intervals a woman is raped in the country, out of which a majority are from lower castes. In the very least, the Hathras incident has exposed a deep feudal mindset that borders on animal tendencies.
No woman can feel safe unless there is a thorough change in our attitude. What we really need to do as a society is jointly reflect on fundamental changes to the system that are needed whereby women feel safe anywhere and at any time.
This strengthening must begin at the grassroots by creating awareness and infrastructure. Everybody and anybody should be able to reach women’s protection officers whenever they need—be it through helplines or direct contact.
The contact numbers of such officials should be so prominent that nobody can miss them at all. In turn, the government must empower them sufficiently so that they no longer remain mute spectators and are in a position to intervene to ensure facilities for lodging the first information report, or FIR, and medical help in all instances of violence against women.
Not only that. They must play a larger role of advocacy to sensitize our society. Clear guidelines will need to be issued periodically until the message is hammered home on the approach to law enforcement and investigation on dealing with crime against women.
Regular gender sensitization training workshops need to be institutionalized for the police, executive and the judiciary. The highest standards of accountability within the police force need to be established, and failure to follow procedure must result in strict punishment. Promotion of officers must be linked to how effectively they have dealt with such issues. Courts must ensure that the legal awareness budget is adequately utilised to sensitise men on gender issues and empower women to deal with such crimes.
Simultaneously, technological capabilities of our forensic laboratories must be improved. It is common knowledge that scientifically a rape case requires immediate forensic examination. Collection of the semen sample in the first few hours can provide clinching evidence. Such forensic laboratories are needed even in the remote corners of the country.
This will enable adequate clinching evidence and speedy disposal of cases. In the Hathras incident, the absence of a forensic lab near the place of the incident has caused failure to effectively collect and examine forensic evidence, which will later hinder court proceedings.
Police officials have cast doubt over the allegations of sexual assault on the victim saying that semen wasn’t found on the victim. But the fact that sample collection and delivery to a laboratory took more than a week means that any such evidence would have been lost due to natural decay.
Such lapses underscore the need for the government to provide the latest technology for investigations in order to facilitate speedy conclusion. Police action in such situations must be streamlined, and competence increased through training in new technology as well as gender- and caste-sensitive behaviour and actions.
Perhaps, out of a sense of frustration, many people have called for capital punishment for rapists. But rather than the severity of the punishment the swiftness of justice is a more effective deterrent.
Fast-track trials must be implemented without fail in such cases to ensure justice is not denied. Despite continued demands from citizens and civil societies, resulting in commissions being set up regarding fast track courts, the situation remains the same.
Consistent delays dilute evidence and thereby the strength of a case. It is shameful that the lethargy of the law enforcement bodies in cases of rape has remained unchanged since the Mathura case in 1972. Courts must insist on timely and transparent investigations and demand accountability of the officers involved in the case.
An example must be set so that the message on rape cases rings out loud and clear across the public institutions involved in a criminal investigation. Public institutions must meet the high expectations for which they were established. Citizens have a right to demand such accountability.
The author is partner, The Law Point, and former chairperson, National Commission for Women
Catch all the Business News, Market News, Breaking News Events and Latest News Updates on Live Mint. Download The Mint News App to get Daily Market Updates.
MoreLess
First Published:4 Oct 2020, 12:53 PM IST
- Top Gainers
- Top Losers
- 52 Week High