Why India is still struggling with an unrelenting rape crisis

Over the past couple of days, it has rained incessantly in Kolkata, the capital of India's West Bengal state. But that hasn't stopped the West Bengal Junior Doctors Front and citizens from all walks of life from taking part in massive protests demanding justice for a doctor who was raped and killed at RG Kar Medical College last month.

It's been more than 36 days since the doctor was killed at one of the oldest medical colleges in the country. Since then, demonstrations have gripped Kolkata, with protesters demanding justice and successfully spurring the sacking of the city's police commissioner and state government health officials.

The public outrage has spilled over across the nation, as well as to 25 cities through Europe and North America.

In an Independence Day speech last month, Prime Minister Narendra Modi alluded to the crime, saying state governments should instill the fear of punishment in the perpetrators and boost confidence in society. However, his BJP party appears to grapple with its own rape problem.

Still, what happened on the night of August 9 has not only opened a floodgate of fury, but also reopened scars of the past, forcing Indians to once again ask hard questions about rape culture, a disorder that has gripped our society for too long.

In the past month, several notable events have taken place in India.

For one, India's Supreme Court has begun hearing the proceedings of the Kolkata case, and the Central Bureau of Investigation (CBI) has assumed jurisdiction over the matter.

Meanwhile, a district court in Siliguri (in North Bengal) has announced a guilty verdict in a rape and murder case that occurred in the Matigara area of Siliguri subdivision, roughly a year ago. The perpetrator was sentenced to death.

Additionally, more cases of rape continue to be reported around the country, including a rape of a woman in broad daylight in Ujjain, Madhya Pradesh, and the rape and murder of a 14-year-old Dalit girl in Bihar, as well as reports that two kindergarten students (girls) had been sexually abused by school staff (in charge of cleaning) in Badlapur, Maharastra.

And these are just the incidents that have made it to the news headlines.

From all of these concurrent events, it's fair to conclude that India is in a complex, distressing situation where two things hold true.

One, that law-abiding processes are in place, the judiciary is working towards offering justice, and verdicts and punishment are pronounced and implemented. Two, sexual violences and rape still continue.

So what is the problem, and why can't India fix it? The near-distant past offers a clue.

Attempts to change

On December 16, 2012, a 23-year-old physiotherapy student was gangraped by six men in a moving bus in New Delhi.

The victim, nicknamed Nirbhaya, or Fearless, in media reports as Indian law prohibits naming a rape victim, succumbed to her injuries days after the attack.

The crime was a sexual offence that sent shock waves across the nation, leading to massive outrage for months, drawing international attention and prompting sweeping changes, including introducing a new anti-rape law that sanctions the death penalty for offenders on a case-by-case basis.

The four men found guilty were convicted and hanged on March 20, 2020 at Tihar Jail. The fifth had committed suicide while serving his sentence and the minor offender who was less than 18 years old at the time of the crime was released after three-year term, the maximum under juvenile law in India.

In 2018, another grim case came to light: the rape and murder of a minor (baby girl) in Indore, Madhya Pradesh. This resulted in a three-week fast-track trial, the fastest ever in a rape case in post-independent India, with the 26-year-old male offender found guilty and sentenced to death.

The messages sent through both cases were loud and clear, but incidents of molestation, rape and murder continue to run rampant through the years.

Fast forward to the third quarter of this year. Multiple judgements on various cases have been announced and sentences rendered, including the death penalty, and they will all likely be implemented.

In a country where legal process takes years, verdicts are welcome and offer a ray of hope.

However, the on-the-ground reality remains grim. International and national data reveal a spine-chilling graph of unabated incidents of violence against women, including rape and murder. Consider the last three years alone.

According to the National Crime Bureau Report (NCRB), which released 2022 crime stats at the end of 2023, India saw a 4 percent surge in crimes against women including rape, murder, dowry deaths, molestations and acid attacks.

In 2020, there were 371,503 registered cases of crimes against women. Since then, there has been an alarming increase in crime rates with 445,256 cases tabulated in 2022.

Rape cases registered in 2021 stood at 31,677, or an average of 87 cases a day - an increase of 19.34 percent from 2020. Notably, rape-related convictions documented between 2018-2022 stand only at 28 percent.

Last year, the Georgetown Institute's Women, Peace and Security Index ranked India poorly - 128th out of 177 countries in terms of women's security, justice and inclusion.

Malicious cycle

So what should India do about its rape problem?

Earlier this year, West Bengal passed the Aparajita Bill. The legislation introduces newer provisions related to sexual offences, including rape. The bill is intended to further strengthen the protection of children and women in West Bengal. Other states are working to pass laws along the same lines and courtrooms across the nation are escalating efforts to get justice.

But why does rape still remain one of the most common crimes against women in India? Why is India struggling to curb its rape culture? The answer isn't a one liner.

In a deeply divided country, rape signifies more than a standalone sexual crime. It is a weaponised act of vengeance within caste politics and settling personal scores.

That brings us back to India's draconian patriarchy and deep-rooted misogyny, wherein abusing and torturing women is permissible and where women are shamed for being raped.

Given this societal flaw, it is unlikely that rape numbers will go down or stop altogether. This is also why historical judgements as in Nirbhaya's case have failed to initiate any noticeable change. It shows the absence of fear of law, as neither life sentences nor death penalty scare the offenders.

With past lessons never taken seriously, no counter culture that challenges patriarchy, male social conditioning at all levels, and sensitisation towards a gender, a just and inclusive society could be established.

Additionally, there are lags in police reporting and registration of complaints, impeding faster implementation of the existing laws against sexual offences.

As the Kolkata protests peak, it is high time to draw on lessons from the past to break down the rampant problem of sexual crime at every social level, nurture and encourage a gender -sensitive, safe environment.

Otherwise, making sweeping changes under the criminal justice system or with legislation may only work temporarily. It's a long journey towards a counter culture that could finally beat patriarchy, toxic masculinity and misogyny in India.

One can hope that amnesiac India will wake up!