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Wake Up, India: The Dire Need for Robust Anti-Rape Legislation

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Dr. Mehak Jonjua

The alarming rise in sexual violence demands urgent and comprehensive reforms in our anti-rape legislation. While there are 90 rapes that are being reported daily, four every hour, and one set in every 15 minutes, the problem cannot be refuted. These statistics give a rather wicked portrayal of a society that yet cannot dream of safety, let alone for women and girls. India cannot afford futile assurances or token actions; its lawmakers must pass and enforce legislation that demands ‘justice’ for victims, and adequately punish the criminals.Probably the most visible problem that India has in its legal sector is that of the delivery of justice being extremely slow. In fact, the pain for rape survivors does not stop with suffering the physical and emotional ordeal of the incident. They have to suffer through a trial that takes years, sometimes even decades, to be completed at the best of times. Thanks to such a long process, the suffering of the victims is further prolonged, while the offenders remain untouched for much longer.One of the most glaring issues plaguing India’s legal system is the slow pace at which justice is delivered. For survivors of rape, the agony does not end with the physical and emotional trauma of the crime. They are forced to endure a protracted legal battle that often stretches over years, sometimes decades. This drawn-out process only exacerbates their suffering and allows perpetrators to evade justice for far too long.The first and arguably the most important concerns of a comprehensive law against rape should be to ensure that trials or rather the process leading to convictions is to be done within fifty days. This would mean setting up of special fast-track courts solely for the trial of all rape cases bearing strict timelines for all proceedings in the court. The expunging of the record as proposed would effectively enhance the delay of justice being delivered but also help prevent other people from engaging in the misconduct in the first place.However, this should be done together with the objective of providing speedy justice but at the same time, giving punitive measures that will instill respect of the law on the part of the offender. At the present time, the penalties for rape in India are distinguished depending on the circumstances of the process. But in this case women and girls are often a victim of harsh laws which includes rape laws yet the enforcement of these laws are normally partial while the merciful bails particular reliefs should not have been granted.It is important to ensure that there are tough penalties for rape which include/ are confined to life imprisonment or possibly the death penalty in extreme circumstances. There must be no room for any obverse interpretation or loose implementation of the law so that the perpetrators of these horrible incidences feel the brunt of the law. This approach would add to the message that India will not accept any form of sexual violation.It therefore emerges that the formulation or non- formulation of anti-rape laws, or their implementation or non-implementation is not and cannot be solely a central government affair. State governments have to be equally involved and proactive in campaigning for legislation that seeks to cover all forms of sexual viciousness. This is also the case for rape, as well as other cognate offences, including molestation, harassment, and stalking.The state governments to urgently campaign for a comprehensive anti-rape law at central level. This law should be developed to offer fast and severe justice from the investigation stage to the trial, sentencing, and survivor reformation stage. State governments must also make sure that local police is trained and equipped to deal with rape as a crime deserving the seriousness required.India has seen many a high profile incidents in the past which ignited public and the society into action and which saw promises being made for change. Yet such statements contribute to performative and rhetorical acts and not actual lasting change on the ground. New legislation will not suffice; there should be clear sanctions for legal entities violation at all stages and levels in the justice delivery system.People should develop a trust in the government that they are serious with anti-rape laws and not simply paying lips service to it. This could involve enactment of new laws calling for establishment of separate commissions to supervise the handling of the rape cases, periodic assessment of the performances by polices and judicial systems, as well as resulting sanctions on officials found wanting in the discharge of their responsibilities to the raped female and prosecuting the offenders.Any possible strategy to prevent rape should centre it on the public education and sensitization. The culture surrounding women and sexual violence needs to shift if the world is to be free from rape and have survivors believed. There is an urgent need to work at destigmatising topics on sexual education, respect, and gender from an early age.There is a dire need to conduct mass media campaigns directed at changing prejudicial images and attitudes towards women, minorities and disabled. It is for these campaigns to be supported by educational masters in schools and other communities, which seeks to help young people understand consent, and the consequences of sexual violence.India has again reached the crossroads where a very definite, clear cut, unequivocal and indubitable path must be chosen. This alone speaks volumes and clearly depicts why the ever-horrifying statistics of rape cannot be ignored or looked the other way it requires unparalleled action. It is now about time for the nation to wake from slumber and realize that women and girl at least deserve a little respect from patriarchal society. Anything less than swift, severe, and expansive action would be a catastrophe—a betrayal of the countless victims who have long awaited justice.

(The views expressed above are the author’s own. Kashmir Patriot is not responsible for the same.)
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