Being born as Women: OPEd of a law student after Kolkata Rape case 2024

Being born as Women

As a woman, I've never thought this way before, but recent events have made me realize that being a woman is a burden. It seems like women, regardless of age, are constantly vulnerable. We can't refuse, we can't resist, we can't speak out, and we can't defend ourselves. We're always worried about hurting someone's ego or facing retaliation. Our reputation is always at risk, and it's incredibly difficult to prove our innocence. A man suggested that women should carry condoms and compromise with rapists, claiming that it's simply a physical need. Sex workers are even offering their services as an alternative to rape. This is not the kind of society we want to live in. Even I, as a woman, have experienced harassment and abuse, but I'm afraid to speak up because my parents would limit my independence. Sharing my experiences would make me seem like I'm seeking attention or being overly dramatic. Is it so?

The recent cases of sexual assault and violence against women in Kolkata, Bihar, Punjab, and Haryana are deeply disturbing. While these cases have received significant media attention, they represent only a fraction of the violence women face. Many women are victims of abuse and violence, with their stories often going unnoticed. The fact that it took four years for a woman's parents to get justice in a case with strong evidence highlights the systemic problems in the legal system. While the perpetrators were eventually punished, the mother's suffering over the past four years is a testament to the failures of the justice system. I suggest that the woman might have been better off if her parents had chosen to terminate the pregnancy, as this would have spared her from the trauma and violence she endured.

The country has witnessed a surge in cases of violence against women, with rape being a particularly heinous crime. The 2012 Delhi gang rape case, which led to nationwide protests and significant legal reforms, highlighted the urgent need for stricter laws and better implementation to ensure women's safety. Justice Verma Committee, established in the aftermath of the 2012 Delhi gang rape case, submitted a comprehensive report with recommendations to strengthen laws and improve the handling of sexual violence cases in India. The Justice Verma Committee, established in response to the horrific 2012 Delhi gang rape, proposed a comprehensive set of reforms to strengthen India's legal framework and improve the handling of sexual violence cases. The committee recommended broadening the definition of rape to include a wider range of sexual acts, imposing harsher punishments for offenders, and creating specialized fast-track courts to expedite trials. It also emphasized the importance of protecting victims' identities and providing them with necessary support. To improve the investigation and trial processes, the committee called for reforms in the police force, proper evidence collection, witness protection measures, and judicial reforms, including the appointment of more women judges. Finally, the report addressed the need to change societal attitudes and cultural norms by promoting education and awareness, involving communities in prevention efforts, and encouraging responsible media coverage. While some of these recommendations have been implemented, significant work remains to ensure a safer and more equitable society for women in India. And still the rape cases continue to get filed and piled up in file, dusted in court room.

Implementation of Recommendations

Many of the Verma Committee's recommendations have been implemented through various legislative reforms and policy changes. For example, the Criminal Law (Amendment) Act, 2013, introduced several amendments to the Indian Penal Code and the Code of Criminal Procedure, including:

• Broadening the definition of rape
• Increasing the minimum punishment for rape
• Creating special fast-track courts for sexual violence cases
• Introducing provisions for the protection of victims' identities
• Strengthening provisions for the punishment of sexual harassment

However, despite these significant reforms, challenges remain in ensuring their effective implementation. Issues such as lack of awareness, inadequate infrastructure, and societal resistance continue to hinder progress.

While many of the Verma Committee's recommendations have been implemented, several others remain pending. Some of the key recommendations that are yet to be fully implemented include:

• The creation of a National Commission for Women
• The establishment of victim compensation funds
• The implementation of comprehensive sex education programs
• The strengthening of police accountability mechanisms

Moving forward, it is essential to continue advocating for the implementation of these pending recommendations and to address the ongoing challenges in ensuring justice for victims of sexual violence. This will require sustained efforts from the government, civil society organizations, and individuals to create a safer and more equitable society for all.

Legal and Policy Recommendations

In addition to the above, the report also provides several specific legal and policy recommendations, including:

• Mandatory registration of marriages: All marriages in India should be mandatorily registered in the presence of a magistrate to ensure that they are free from dowry and have been solemnized with the consent of both partners.
• Presumptions in favor of victims: Certain statutory presumptions should apply in cases where the victim is in custody of persons in authority, such as police or armed personnel.
• Punishment for failure to register complaints: Police officers who fail to register a reported rape case or attempt to abort its investigation should be punished.
• Protection of persons with disabilities: A special procedure should be established for protecting persons with disabilities from rape, and requisite procedures for access to justice should be provided.
• Medical examination protocols: Protocols for medical examination of victims of sexual assault should be based on best practices and implemented uniformly.
• Police reforms: Police officers with outstanding ability and character should be placed at higher levels of the police force, and political interference in their work should not be condoned.
• Census of missing children: Every District Magistrate should carry out a census of missing children within their district.
• Judicial oversight of juvenile homes: The judiciary should oversee the administration and supervision of juvenile homes to ensure that they are run in a manner consistent with the spirit of the Juvenile Justice Act.
• Community policing: Community policing should be developed to involve the local gentry and encourage their participation in maintaining law and order.
• Street lighting and vending: Street lighting should be improved, and street vending should be encouraged to make public spaces safer.
• Constitutional authority for education and non-discrimination: A new constitutional authority should be created to oversee education and non-discrimination in respect of women and children.
• Reforms in the political establishment: Reforms are needed in the Representation of People Act to deal with criminalization of politics and ensure true representation of people.

I'm not here to debate specific solutions or legal reforms. Instead, I want to emphasize the deep-rooted damage that societal attitudes and practices have caused. The slogan "Beti bachao, beti padhao" (Save the girl, educate the girl) is incomplete; it should prioritize a girl's safety throughout her life. Our goal is not to see daughters born, educated, and then victimized. Despite committees, marches, and protests, rapists remain fearless, undeterred by the threat of punishment. The very purpose of punishment is to instill fear, but it seems ineffective in this case. The burden of vulnerability, the fear of retaliation, and the constant struggle to be heard are experiences that far too many women share. In the context of sexual violence, the retributive theory aligns with the societal desire to see perpetrators held accountable for their actions. It offers a sense of justice and closure for victims, while also serving as a deterrent to potential offenders. However, the slow pace of the legal system and the frequent failures of justice can undermine the effectiveness of this approach. The fight against sexual violence is a collective responsibility. It requires the active participation of individuals, communities, and governments. By speaking out, demanding justice, and working towards systemic change, we can create a safer and more equitable world for all women.

While retribution is a crucial component of justice, it is not sufficient on its own. To address the root causes of sexual violence, we must focus on systemic changes that challenge harmful societal norms, empower women, and strengthen the justice system.

Societal Shifts: Promoting gender equality, challenging harmful stereotypes, and fostering a culture of respect are essential. Education and awareness campaigns can help to shift societal attitudes and create a more equitable environment.

Legal Reforms: Strengthening laws against sexual violence, improving the investigation and prosecution of cases, and ensuring the protection of victims are crucial.

Support for Victims: Providing comprehensive support services, including counseling, medical care, and legal assistance, is essential for victims to heal and rebuild their lives.

Empowerment of Women: Empowering women through education, economic opportunities, and access to resources can help to reduce their vulnerability and increase their agency.

If we seek true justice, why should we wait for the slow and torturous legal process? I'll become an advocate, but it's shameful to witness the law's failures. Sometimes, we must resort to drastic measures to ensure justice, even if it means breaking the law ourselves.

People will demand solutions, but for whom? Should I suggest solutions for the victims or the rapists? From diapers to bikinis and burkas, every other woman is a victim. But what is the uniform of a rapist? How can I offer solutions when the question arises, it could be anyone. What do I stop going out myself, staying at home, but a father or an uncle or a brother raped their daughter, niece, sister, what do I stop being born? But then the monitor lizard was raped. Should I prioritize animal rights or my own?

I'm writing this to people who want to be safe and make the place safer for their kids and family. You know who's causing trouble. If a girl can't speak up, you can. At least it might make them hesitate next time. I'm not saying we're not independent, but we're not mentally strong enough to speak up after the damage is done. It can leave you breathless and unable to stand. You need someone to hold your hand and keep you safe. There's no guaranteed way to prevent rape. You must take your own safety seriously until society is ready to protect you. Be courageous and resilient. The challenge of addressing sexual violence against women in India is significant, but it is not insurmountable. By implementing comprehensive legal reforms, promoting societal change, supporting victims, and emphasizing personal safety, we can create a safer and more equitable society for all. It is imperative that we continue to advocate for justice, challenge harmful norms, and empower women to reclaim their agency and dignity.

To address the root causes of sexual violence, it is imperative to implement comprehensive sex education programs in schools and communities. These programs should promote awareness of sexual health, consent, and healthy relationships, empowering individuals to make informed choices and challenge harmful stereotypes. Additionally, campaigns should be launched to challenge harmful gender stereotypes and cultural norms that perpetuate sexual violence. By fostering a culture of respect and equality, we can create a more conducive environment for preventing sexual violence. Furthermore, empowering women through education, economic opportunities, and access to resources is crucial. By enhancing their independence and agency, women can reduce their vulnerability and have greater control over their lives. Finally, community-based interventions play a vital role in promoting awareness, prevention, and support for victims of sexual violence. By fostering a sense of community and responsibility, we can create a network of individuals who are committed to addressing this issue and ensuring the safety and well-being of all members of society.