Rapes in India

Back in 2012, the conscience of an entire nation was shook by the brutal gang rape of a 23-year-old woman in the national capital, the city that was already gaining popularity as the ‘rape capital of the country’. The woman eventually succumbed to her injuries and died, shortly after being airlifted to Singapore in a desperate attempt to save her life, since the world was already watching us.

The gory details of the December 2012 gangrape surfaced, and since then, people have been measuring every rape with the ‘Nirbhaya’ yardstick, to decide on the level of brutality of the crime.Laws were amended, there were protests and candle marches throughout the country. The death penalty was given to four of the six accused (one was a juvenile and one committed suicide while in prison), calling it a ‘rarest of rare’ case.

 

Let’s talk about the Rohtak gang rape. It did make to the headlines for a couple of days after it surfaced, but how many candle light marches and protests can you recall, demanding action against the perpetrators? How many of us followed up on this case, after very conveniently calling the victim ‘the other Nirbhaya’, and, forgetting it? For those who may not know, the post mortem reports suggested that her skull was shattered, rapists inserted sharp objects into her vagina, smashed bricks on her face and ran over her to make her unidentifiable. All this, because one jilted lover could not live with being rejected by a girl.

 It shouldn’t come as a surprise that after the girl was found raped and murdered and a case was registered, her family mentioned that a police complaint was lodged against the main suspect, on grounds of harassment, but no action was taken because, harassment of varying sorts are everyday stories and do not validate enough action unless a grave situation arises.

Also, Rape has long been recognized by feminists as an act of domination rather than a sexual act. This understanding of rape is only now becoming part of the public discourse in India. If this framing of rape as a crime of power and not sex can truly take hold, that will be the most important legacy of these protests. Looking at rape as a problem of men who seek power over women will shift the way the public, the policy, and the judiciary treat rape survivors and perpetrators.

All I want us to see the right thing. There are times when even men are accused of the things they never did. Just to spoil their image in society. We live in a society where Revengeful activities are very common. Rejection, Pride, Greed, etc are the basis of such activities.Today even young kids are molested or sexually assaulted. 

These things grow because there is a thinking or conditioning or anger crept in there mentality. May be what we see or analyze our lives to be are not what they actually seem. May be the People behind the crimes lacked in etiquette or understandings or learning. May be he/she was not treated nicely in their young age and that gave birth to the degradation in their mentality. May be they were pressurized by their peer groups in a bad way.Or May be the social media and internet affected their behaviors. 

 

We have some laws to control these. But are never more to completely stop them.

As stated by the Supreme Court, these guidelines are applicable to:
a) The employer or other responsible persons or other institutions to prevent sexual harassment and to provide procedures for the resolution of complaints;

b) Women who either draw a regular salary, receive an honorarium, or work in a voluntary capacity- in the government, private or organized sector come under the purview of these guidelines.

Preventive Steps:
1. Express prohibition of sexual harassment should be notified and circulated.
2. Inclusion of prohibition of sexual harassment in the rules and regulations of government and public sector.
3. Inclusion of prohibition of sexual harassment in the standing orders under the Industrial Employment (Standing Orders) Act, 1946 by the private employers.
4. Provision should be made for appropriate work conditions for women.

Procedure pertaining to filing of complaints:
1. Employers must provide a Complaints Committee which is to be headed by a woman; of which half members should be women.
2. Complaints Committee should also include an NGO or other organization- which is familiar with sexual harassment.
3. Complaints procedure should be time bound.
4. Confidentiality of the complaints procedure has to be maintained.
5. Complainant or witnesses should not be victimized Or discriminated against- while dealing with complaints.
6. The Committee should make an annual report to the concerned Government department and also inform of the action (if any) taken so far by them.

Miscellaneous Provisions:
1. Guidelines should be prominently notified to create awareness as regards the rights of the female employees.
2. The employers should assist the persons affected, in cases of sexual harassment by outsiders or third parties.
3. Sexual harassment should be discussed at workers meetings, employer-employee meetings and at other appropriate forums.
4. Both Central and State governments are required to adopt measures including legislations to insure that private employers also observe these guidelines.

 

 

 

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By Khushi Malvi