Sexual Violence and Criminal Justice Reform

General Studies Paper-2

Context: The recent rape and murder of a doctor at R G Kar Medical College and Hospital in West Bengal have once again spotlighted the issue of sexual violence in India.

• In response, the West Bengal government introduced the Aparajita Woman and Child Bill, 2024, proposing the mandatory death penalty for rape resulting in death or a permanent vegetative state.
• This move raises critical debates around the effectiveness of harsher punishments in deterring sexual violence and the broader challenges within India’s criminal justice system.

Background

• Over 90% of rape cases in India involve perpetrators known to the victims, underscoring the societal nature of this crime, as opposed to it being the isolated acts of deviant individuals.
• High-profile cases like the 2012 Delhi gang rape have led to significant public outrage, often resulting in demands for harsher punishments.
• However, despite these measures, the problem persists, highlighting the need for a more comprehensive approach to addressing sexual violence.

Legal and Constitutional Aspects

• The Indian judicial system has addressed the question of the death penalty in cases of sexual violence through landmark judgments.
• In Mithu v State of Punjab (1983), the Supreme Court declared the mandatory death penalty unconstitutional, as it violated the principle of judicial discretion in sentencing.
• Additionally, state-level amendments to central laws, such as the Indian Penal Code (IPC), require Presidential approval, complicating the implementation of region-specific legislation like the Aparajita Bill.
• India also struggles with low conviction rates in rape cases, hovering under 30%.
• The causes of this include delayed investigations, inadequate prosecutorial capacities, and institutional challenges within the judiciary. These problems impede the delivery of swift and fair justice.

Challenges in Addressing Sexual Violence

• India faces significant challenges in effectively addressing sexual violence:
• Ineffective Investigations:
• Police investigations in sexual violence cases are often delayed, leading to loss of crucial evidence and weakening the case.
• Prosecutorial Inefficiency:
• A lack of skilled prosecutors and the inability to handle sensitive cases results in poor legal representation for the victim.
• Judicial Delays:
• The institutional capacity of courts is insufficient to handle the volume of cases, leading to delays in trials.
• Witness Protection:
• Despite legal frameworks, there is a lack of effective witness protection, discouraging victims and witnesses from participating in trials.
• These issues undermine the criminal justice system’s ability to ensure certainty of punishment, which is critical for deterring crime.

Societal Perspectives and Misconceptions

• There is a misconception that harsher punishments, such as the death penalty, are sufficient to prevent sexual violence. However, research and international practices emphasize that the certainty of punishment is a more effective deterrent than its severity.
• Additionally, there is often selective outrage over stranger rapes, particularly those involving visible violence, while other forms of sexual violence, especially those within domestic or known settings, receive less attention.

Victim-Centric Approach

• Efforts to address sexual violence must center on the needs and well-being of survivors. There are critical gaps in the criminal justice process:
• Pre-trial and Trial Challenges:
• Survivors often face multiple challenges during the pre-trial and trial stages, including hostile questioning, public scrutiny, and prolonged court cases.
• Medical Examinations:
• Humane treatment during medical examinations is essential to avoid re-traumatizing survivors.
• Justice Beyond Punishment:
• Survivors often seek various forms of justice, such as recognition, support, and rehabilitation, which cannot be achieved solely through harsher punishments.
• The Witness Protection Scheme, though available in theory, lacks adequate implementation and is a crucial aspect of a victim-centric approach to ensure their safety and cooperation in legal proceedings.

International Best Practices

• Globally, the emphasis is on the certainty of punishment rather than its severity as a deterrent for sexual violence.
• Countries that have successfully reduced crime rates focus on strengthening criminal justice institutions, ensuring swift investigations, and providing timely prosecutions.
• In addition, addressing the root causes of sexual violence—such as gender inequality, poverty, and lack of education—through social reforms is key to long-term solutions.

Way Forward

• Broader Social Reforms:
• Addressing the root causes of sexual violence requires significant social reform, including education on gender equality, societal awareness, and better economic opportunities for marginalized communities.
• Strengthening Criminal Justice Institutions:
• Enhancing the capacity of investigative agencies, improving prosecutorial efficiency, and reducing judicial delays are essential to delivering timely and effective justice.
• Increased investment in witness protection schemes and victim support systems is also crucial.
• Focus on Victim Support and Rehabilitation:
• Rather than focusing solely on punitive measures, reforms should prioritize the needs of survivors, ensuring their rehabilitation and reintegration into society.
• Medical, legal, and psychological support should be made accessible to all survivors of sexual violence.

Conclusion

• While there is public demand for stricter punishments, including the death penalty, the focus must shift towards certainty of justice, institutional reforms, and victim-centered approaches.

Sexual violence is not just a criminal issue but a deeply rooted societal problem that requires multi-faceted solutions—spanning legal, social, and cultural domains.