What’s missing in women’s safety plans in India?

Women's safety in India has been a major concern for decades. Despite various initiatives, and promises the country continues to see worrisome levels of gender-based violence. From the infamous 2012 Nirbhaya case to more recent cases like the Abhaya rape-murder case RG Kar rape-murder case and Badlapur school sexual assault, the issue has persisted.

With repeated incidents of gendered violence, especially sexual violence, coming to the fore, it--yet again--raised concerns about the effectiveness of the government's action plans to protect women.

As a reaction to the outrage and demands for justice over the Kolkata medic's case, the West Bengal assembly had unanimously passed the Aparajita Bill which called for harsher punishments for those who have committed sexual offences against women and children.

Earlier we explored how effective this bill would be and in this report, mid-day spoke to experts who stated that the nation's approach to women's safety still has significant inadequacies. They suggested that there is still a large gap between policies on paper and their real-world execution.

The current state of women's safety in India

Women's safety initiatives have gained more attention in recent years, with governments introducing schemes like the Nirbhaya Fund, setting up fast-track courts for sexual violence cases, and launching emergency helplines.

While the government, through the Indian Penal Code and several Acts like POCSO, Criminal Law (Amendment) of 2013 and other legislations with the most recent being Bharatiya Nyay Sanhita, have introduced stringent laws against sexual violence.

Speaking to mid-day.com, Mumbai-based activist Hasina Khan, said that while laws in India exist that deal with crimes against women, especially sexual violence, however, these bills have loopholes she said.

"The laws were passed in a hurry with minimum interaction with the experts and thence they have loopholes. Particularly speaking about sexual violence, we should check the method of implementation of the bills," said the founder of the Bebaak Collective.

Meanwhile, Akhil Neelam, the co-founder of the Centre for Gender and Politics focusing on women's safety, said, "There are gaps in addressing safety in public spaces and for women in non-traditional work environments."

He added, "While existing policies like the POSH Act have laid a foundation for addressing women's safety in workplaces, implementation remains a significant challenge. We've observed instances where companies seek POSH training certificates without conducting actual training, undermining the policy's effectiveness."

What do records say?

The National Crime Records Bureau (NCRB) data showed a steady rise in the total number of crimes against women in India over the last decade. In 2013, there were 2,23,652 cases reported, and by 2022, this figure had increased to 4,45,256.

When focusing specifically on rape cases, the numbers have also seen a consistent increase. In 2013, 22,871 cases of rape were reported, and this number rose to 35,600 in 2022. The year 2021 saw the highest number of reported rapes, with 35,603 cases. Although there was a slight dip in 2020, the overall pattern remains one of concern.

Speaking on Mumbai, the city saw 5,543 instances of rape get documented, with a steady increase reaching 7,456 by 2022. Although there was a modest decrease in 2020 to 7,023 cases, the overall trend has been one of constant growth.

Similarly, in Maharashtra as a whole, the number of rape grew from 39,526 in 2013 to 58,796 by 2022. The numbers have risen considerably year after year, with 2020 indicating a slight decrease before continuing to rise in 2021 and 2022.

Gaps in government policies

Responding to a query on what her thoughts are on the implementation of laws concerning crimes against women, Hasina Khan said that the methodology of its implementation needs to be looked at.

"For instance, the budget allocation and infrastructure recommended under the Protection of Women from Domestic Violence Act, 2005, has been in shambles for quite some now. Similarly, in regard to sexual harassment, a complaint can be filed within three months of the incident. Meanwhile, the implementation of the Internal Complaints Committee has not been uniform," she said.

There's a need to examine how is the government utilising existing laws and infrastructure.

"We lack budget, are inadequate to efficiently implement the existing laws. We don't need new bills that constantly talk about capital punishment for sexual assault," said Khan.

It is crucial to examine how the government is dealing with gender-based violence and what is the state doing to deal with it, Khan added.

Meanwhile, Adv Nausheen Yousuf, responding to the writer's queries said, "I believe a lot of times women need a support system at every stage, they need to know their case, interact with the prosecution so as to know the stage of it, psychological support etc. Though we have the law keeping up to it and even addresses victim compensation a lot more could be done here. The societal stigma is something at the ground level which we all are grappling with, the idea of "ideal victims" daunts every process."

She further explained, "A lot needs to be done with sexual harassment at the workplace and domestic violence laws. Usually, people tend to undermine domestic violence, it's invisible, part of life, sadly "acceptable" and not taken as seriously as sexual violence. That's my major worry. Articles are written about sexual violence whereas domestic violence victims are forgotten. Though it's a more severe and intense and deep issue."

When asked whether the laws--which deal with crimes against women--are inclusive or not, Khan said that she does not think present laws and policies are inclusive.

"Politicians use women's issues as political tools for their advancement," said Khan and added that the women want quick redressal of their complaints, adequate infrastructure and others. "When the government provides us with all, that's when we'll be their ladki bahins," she quipped.

Suggestions for improvement

To fill the gaps in women's safety plans, activists and experts have proposed several actionable steps that the government can consider. These suggestions focus on enhancing existing policies, improving enforcement, and fostering a cultural shift.

"We believe our legislators can set an example by establishing clear legal protections for women in political spaces. This can be achieved by strengthening existing laws, such as explicitly including political parties under the POSH Act or creating specific legislation for this sector," Akhil Neelam told mid-day.

He further stated, "Additionally, it should be mandatory for all political parties to establish Internal Complaints Committees to address issues of harassment and discrimination. Improving data collection on gender-based violence and discrimination in political spaces is also essential to better understand the problem and implement effective solutions."

Meanwhile, Naushen Yousuf stated that firstly it is crucial to provide awareness and "train officers to ensure they treat marginalised communities with fairness, rather than neglect".

She further stated that building confidence within these communities to approach legal forums is essential.

Speaking about the reforms the government can implement, she said and added, "Starting with our legislators, we must deny election seats to those facing accusations with pending cases. There should also be a support system at every level of the legal process."

"Unfortunately, marginalised men often receive harsher punishments, such as the death penalty, while those from affluent backgrounds escape justice due to faulty investigations or misuse of evidence. Even when marginalised individuals are accused, the wealthy often have access to a fleet of lawyers, highlighting the disparity in legal support. The Nithari case is a clear example of this injustice, while cases like Asaram's reflect the slow legal processes. We need to critically examine and address these issues to ensure true justice for all," said Nausheen.