30 August,2024 12:43 PM IST | Mumbai | Krishna Prasad
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For the last few weeks until now, the burgeoning rape cases in India have been touching the nerves of humanity. Today, the nation stands together, fighting and rallying for justice against the barbarous acts of uncivilised male factions faced by women over decades now. The National Crime Records Bureau (NCRB) reports that every 16 minutes a rape happens, which is quite disturbing and heart-shattering to even imagine this event.
Netizens on social sites - from Instagram to Telegram to WhatsApp and Reddit, all are voicing their thoughts, expressing the pain that has been etched in their hearts caused by the surging rapes in India. Rape, an unlawful carnality, not only affects the victim mentally but also hampers their psychological balance. From depression to anxiety to stress and fear of social connectivity, the mental health of the rape victim turns into a dark space, obstructing them to move freely like before.
According to the Anxiety and Depression Association of America, at least 45.9 percent of the female rape victims are likely to develop Post-Traumatic Stress Disorder. This Organisation also states that experiencing sexual abuse during childhood significantly increases the chances of developing PTSD later in life. Rapes or acid attacks or any sort of physical abuse on women is not simply an attack on the nation but on Bharat Mata too, the lady who's bearing the burst and bust of the inhuman callous and unashamed male perpetrators of female violence.
From 15-year-old Laxmi, an acid attack survivor, 2005, to 22-year-old Nirbhaya, a rape victim, 2012, to 31-year-old Dr. Moumita Debnath, a rape victim, 2024, nothing has changed in India. Bharat Mata is being brutally killed each day by a certain group of egregious men who have no sense of shame, mercy, and kindness towards mankind. These kinds of horror-struck acts not only fear the nation but also degrade and undermine the human dignity that people have been carrying for ages now.
For the last few weeks, the nation has been waking up to the grim reality of spiking rape cases in India. #The MeToo movement, which was once a torchbearer that led justice from the front, became silent as the grave for years. This movement awakened the nation, giving legs to reality, thereby addressing issues like sexual violence, sexual abuse, etc. This movement started with a vision to protect young females from getting sexually attacked by male predators. However, the escalating rape cases in India have been creating tensions in every nook and corner of the country.
In 2022 alone, Rajasthan reported a considerable number of rape cases 5,300, and some sources claim that these numbers are not fully reliable, and can be higher than the registered figures which go unreported due to myriad reasons such as fear, anxiety, loss of self-respect, and future consequences and repercussions, etc. According to the Rape Crisis, 5 out of 6 females don't file a rape complaint due to the aforementioned unwelcoming backlash. Despite the rising rape complaints in India, the conviction rates aren't that's gratifying as they should be. As per the NCRB reports, the conviction rate is as low as 27-28 percent, which means nearly three-fourths of the culprits are getting away from these inhumane crimes. 2022 bore witness to a relentless pattern: nearly 90 women came forward each day to report their rape cases.
Advocate Kinnori Ghosh, Managing Partner, RG Legal Advocates & Legal Consultants, said, "Cases ending with futile solutions, happen in two conditions, if the case is not genuine or not enough evidence on record to prosecute the alleged accused person. The law all across the World demands evidence, which is only possible if the investigation is done properly by the agency/Police."
Some women came forward to share their perspectives on the ongoing sexual violence and remorseless acts.
Prachi Shobhan, a young media professional from Bihar, shares her real-life incident: "The recent incident in Kolkata has understandably heightened my parents' concerns about my safety, especially when I'm outside. Even though I've been living alone for the past six years, this particular event has shaken them deeply. A few days after the incident, I was traveling home for Rakhi, and my father called, urging me not to accept food from anyone on the train and he was constantly calling me to know I am safe. Their fear was palpable. While traveling in my coach, I noticed there were hardly any women around, and for the first time, I felt genuinely afraid. This incident has left all of us more anxious than ever before. The sense of safety that I once had now feels fragile, and it's clear that this event has impacted not just my family, but many others as well."
Ipshita Biswas, another young media professional, from Gurugram (Haryana) says: "Following the recent incident at RG Kar Hospital, my mother has been increasingly anxious, constantly calling and texting me more than usual. Her fear for my safety, especially since I live away from home in Delhi, is palpable. She worries whenever I'm late coming home after work and insists that I should have a colleague drop me off. However, here's my stance: the colleague I trust the most at work is a male. I believe the actions of a few do not define an entire gender. The horrors inflicted by some rapists are not confined to one gender; they affect everyone. While the media often highlights the cases of women who are assaulted, especially when there's a political agenda or sensationalism involved, the stark reality is that many women, particularly those from underprivileged backgrounds or outsiders, face violence that goes unnoticed. Right now, somewhere a girl might be enduring such a crime, and we may never hear about it. Who will bring justice for her? Many men who have faced harassment or molestation by women often feel ashamed to speak out, fearing it might undermine their masculinity. Social media sometimes trivializes these issues, turning men's suffering into jokes. Ultimately, the core issue is that safety is a concern for everyone in this country, regardless of gender. The fear and threats are not confined to any one group; they are a universal problem that needs urgent and comprehensive attention."
Shivapriya Ghoshal, another young media professional, from Kolkata, shares her voice: "I cannot agree more with the fact that my parents who have never called me before or checked upon me when I am reaching my P.G, or when I reach my office, now she calls me twice a day to ask if I have reached home safely or not. Not that I do not call them or neither am I against them taking care of me as I am away. I am not scared of them but having said that I want a safe and healthy city where women are not scared every day to step out of their homes. People nowadays are struggling to survive in a different city but men who represent inhuman nature create an environment where girls/women are constantly harassed or raped or looked down upon. Is this even the 21st century? Why should the leading woman of the society who can hold the Country in a better position have to face these problems? Rules should be set for Honor killing. People should be punished for their ugly doings. We will not back out and will fight till justice is served."
According to a global poll of experts, India has emerged as one of the most perilous countries in Asia for women, driven by the rising sexual violence threats and deepening societal tensions. Even the law could fully take charge of these escalating sexual crimes in India. The spike in unemployment rates, political interference, the never-ending clandestine bribes, and more such illicit activities are inhibiting the system from functioning to its fullest. Several reports online claim that the rape cases that go reported at the police station were forced to withdraw due to the appalling and unfriendly conditions in and around the vicinity.
Another report claimed that 99% of cases go unrecorded and disappear in thin air, and some tend to be martial rapes, as certain women are economically and financially dependent on their husbands for their livelihood.
Kolkata's R.G. Kar Medical College and Hospital rape case of a 31-year-old female trainee doctor "Dr. Moumita Debnath", has brought the nation to a standstill again like the deja vu situation that happened with the Nirbhaya rape case in 2012. This barbaric event has shattered the nation, killing the trust and confidence of women in men.
It all happened on the intervening night of 8th and 9th August 2024, when Dr. Moumita Debnath was ruthlessly raped and murdered in the R.G Kar Medical College Campus. At 9:30 a.m. on August 9, a freshman medical student stumbled upon the lifeless, semi-naked body of the victim, shockingly displayed in the seminar hall of the college building. Alarmed by the discovery, the police officials swiftly responded, hurtled their way to the college and reached by 10:10 a.m. A report claims that the victim was callously raped and strangled to death. A medical report claimed that the victim had suffered multiple injuries on her body before her death.
Advocate Kinnori Ghosh added, "This is one of the most tragic incidents in independent India and is presently under investigation by the nodal investigating agency in India, the "Central Bureau of Investigation". Furthermore, Hon'ble Calcutta High Court and Hon'ble Supreme Court of India is also monitoring the investigation by calling for requisite Status reports in sealed covers. Given the present situation, let us not speculate regarding the result of this investigation and have faith in the decorated officers of CBI to complete the investigation in a time-bound manner as stipulated under law."
The saddening part was, the victim's parents received a call after more than 1-2 hours of the incident. Reports claim that poor negligence of the college and hospital staff led to this brutal rape. If the college had proper vigilance and security, this would have been prevented, say some Kolkata students, in a conversation with the Mid-Day news. The investigation of this case was delayed by 14 hours, as it took this long to file an FIR.
"Anyone who is following the Hon'ble Supreme Court's hearing on this incident will know that a U.D case (unnatural death case) was registered sometime in the first half of the day itself. Yes, as observed by the Hon'ble Calcutta High Court there is a dereliction of duty on the part of the government officers in charge of running the RG Kar Medical College & Hospital. National Crime Records Bureau has pointed out that there are about 80-90 rape cases that happen daily. Unfortunately, most of them go unreported, thereby the perpetrators also face no criminal action. We need more sensitisation and stringent laws against molestation, eve teasing and such crimes which act as a pedestal to heinous offences like rape,", shares Advocate Kinnori Ghosh.
The parents of the victim questioned the same, while the Supreme Court interrogated the West Bengal government for such a lenient take on this rape case. The accused of this rape case, Sanjay Roy, who violently raped Dr. Debnath, marked by complete lack of humanity, and viciously murdered her, has confessed the same during the lie detector test that happened on Sunday. That night, alongside the heinous rape and murder of the 31-year-old trainee doctor, the accused also molested another woman and obsecrated nude photos from his girlfriend. The molestation event was fully recorded by the surveillance cameras.
Sanjay Roy, on a quest to meet his sexual needs, carried on a series of searches in the red-light area of Sonagachi and Chetla, in Kolkata, along with his intoxicated friends. All of them, including Sanjay, were drunk that night of the event. One of Sanjay's friends had sex with a sex worker, while he was preoccupied with his girlfriend on a video call, coaxing her into sending nudes, which she did. After carrying on their shameless acts, Sanjay and his friend group were next seen in the RG Medical College, as the CCTV captured. The entire footage, from Roy entering the corridor near the seminar hall on the third floor at 4:03 am, to his presence at activities in the college, was fully recorded by the CCTV camera. After a 36-hour-long shift, Dr. Debnath went to the seminar hall to take some rest, and the next morning, the headlines of rape and murder of this young doctor knocked the doors of the nation. Sanjay Roy, the accused, was arrested for allegedly committing this barbaric act.
As these days, medical colleges have their hospitals that allow students to graduate and work for them directly, we had a sit-down tete-a-tete with Dr. Sushma Singh, Associate Professor, Sharda School of Law, Sharda University. We asked, how, as a University + Hospital, preparing their students and doctors for tomorrow. In response, the Prof said, "At our university and hospital, we are proactively preparing future students and doctors by integrating comprehensive training programs focused on gender sensitivity, sexual harassment prevention, and victim support. These programs include specialised workshops, interactive seminars and clinical training that emphasise empathetic communication and effective intervention strategies. We also organise lectures on the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, commonly known as the "POSH Act" to create awareness among our students, faculty members and other staff members."
R.G Kar Hospital Ex-Principal, Sandip Ghosh, and Ex-Medical Superintendent and Vice Principal, Sanjay Vashisth, were involved in corruption activities during their term at the hospital, which CBI is still probing the details of. The CBI officers also pursued legal search operations at both the houses of Sandip and Sanjay. Both of them were grilled and questioned about financial irregularities that have happened at the hospital to date.
In India, a similar sort of rape and sexual violence cases were reported, but only a handful of them were publicly and explicitly known and reported. When asked about the low conviction rates in India, including the Nirbhaya case verdict, Advocate Kinnori Ghosh said, "We as a society must improve. No laws can curtail crime, a society can be considered crime-free only when there is less law/regulation. All that I can say is that new criminal laws / Acts being in force ensures justice promptly." She further added "As legal professionals, we work closely with the law enforcement agencies, the agencies across the country that try to prevent crime of any nature. Also, the Judiciary in our country is fair and always tries to deliver justice. People will need to have faith in the system."
Kolkata, the city of joy, is no longer the same, as rallies continue in full throttle, expressing explicitly for justice. Now the question is can women walk freely on the roads like before? The system, although doing its due diligence, has not been enough to deliver the kind of justice the nation wants to hear. Several student bodies and women-focused organisations, including employees and hospitals, have been on strike for days now, seeking a proper verdict. Despite several warnings from police officials, the rallies didn't stop anywhere and kept coming strong. The student group Chhatra Samaj led a fervent Nabanna Abhijan rally, parading toward the Bengal state secretariat. The protest called for Chief Minister Mamata Banerjee's immediate resignation, driven by outrage over her delayed response to the Kolkata rape case. The rally manifested a vivid display, demanding prompt legal actions and justice for the case.
"There is an uneasy calm amongst the students of the Sharda University. The University authorities are keeping continuous vigil and constant counselling through various institutional mechanisms so that it does not threaten the law and order situation in the university," said the Asst. Prof, Dr. Sushma when asked about student protests.
Sangrami Joutha Mancha (Joint Platform of Struggle), an organisation of state government employees, fighting for their DA's also joined the rally alongside the Chhatra Samaj organization. The TMC party has shared a set of videos online that purportedly captured BJP leaders from Ghatal in Paschim Medinipur district plotting to incite violence during the protest. However, the organizations stated that they would carry the protest silently without creating any chaos or disruption.
"There is a significant gap in the current legal system thatâs contributing to the rising number of rape cases. Many efforts have been made by the Law Ministry, state governments, and the central government, but this gap still exists. In the recent Kolkata rape case, the Supreme Court had to take SUO Moto action. The Chief Justice of India (CJI)was shocked after seeing the work of the police. We thought that after the enforcement of new criminal laws, the situation would change, but this case proves that the situation remains the same. The police are not following these laws. There are many loopholes, and law teachers and students can help in minimising these gaps. As a law professor, I must create awareness among people about new laws, especially the main sections like murder, rape, cheating, and molestation. Specifically, Section 72 of the BNS Act, 2023, addresses the disclosure of the identity of victims of sexual offenses and provides for punishments of up to two years and imprisonment and a fine. Nobody is aware of concepts like zero FIR and domestic violence. It is the responsibility of law schools to spread awareness among society," voices Dr. Sushma Singh, Associate Professor, Sharda School of Law, Sharda University.
Following the rape case, the Supreme Court has established a core task force team to aid, assist, and secure the safety of doctors, ensuring the smooth flow of work. The core team includes Surgeon Vice Admiral Arti Sarin, AVSM, VSM, Dr D Nageshwar Reddy, Dr M Srinivas, Dr Pratima Murthy, Dr Goverdhan Dutt Puri, Dr Saumitra Rawat, Dr Anita Saxena, Dr Pallavi Saple, Dr Padma Srivastava, Cabinet Secretary to the Government of India, Union Home Secretary, Union Health Secretary, Chairperson, National Medical Commission (NMC), and President, National Board of Examiners (NBE), respectively.
Questioning the current government regulations and policies in India concerning rape and sexual violence and the shortcomings affecting the progress on the cases, Advocate Kinnori Ghosh said, "Bharatiya Nagarik Suraksha Sanhita, 2023 has come into effect on 01.07.2024, as a criminal lawyer and a female nothing gives me more joy than the new criminal acts in force. The Central Government has brought in such welcome changes in our established criminal trial procedures, that it will serve justice in a time-bound manner. Earlier, this was not the case, ample adjournments took place and the entire criminal trial was a very time-consuming matter, now the new Act ensures a very time-bound procedure, which will serve justice to the victims promptly too."
The ongoing protests are not just for the brutal Kolkata Rape case, but also for the spike in rape cases across India. From Uttarakhand to Bangalore to Kolkata to Assam, tensions have been spreading everywhere. People are scared to step out of their homes, or even send their kids to schools and colleges.
On August, 8, 2024, a medical nurse in Uttarakhand was mercilessly raped and quash to death while on her way home post-her shift. Her body was dumped near the border of the UK, as per reports and official statements. All her essentials were robbed, including her mobile, money, and precious items post the brutal rape-murder event. Dharmendra, a 28-year-old accused man, hailing from UP, Bareilly, was caught and arrested by the police for this inhumane act. The official said, post-interrogation, that the accused was in urgent need of cash, so he followed the victim, trapped her in the bushes, and raped and killed her with a stone. The protests continue for justice, as another medical staff member encountered this event like the Kolkata Rape Case.
On August 12, 2024, a teen girl was gang-raped by five men - a bus driver and his staff at the interstate bus terminus (ISBT) in Uttarakhand, Dehradun. The report said that the teen girl was not in her right mental health, and was ambling around. A driver witnessing her strolling suggested she board the Uttarakhand Roadways bus. Later, she was discovered by a guard at a shop on platform number 1 of the Dehradun bus terminus, who promptly reported the incident by calling 1908. Hailing from Moradabad, Uttar Pradesh, the teen girl reported that she was raped by 5 men, one after the other. Dehradun SSP Ajay Singh is handling the case to collect more evidence of the accused men.
On August 18, 2024, a 21-year old young female, pursuing her final-year degree, was raped by a strange man on her way home. The victim, seeking a ride near Hosur Main Road, requested a biker for a lift. Instead of taking her to her intended destination, the biker allegedly drove her to a remote location and raped her mercilessly. She used the SOS option on her mobile for aid. Her friends reached the spot and admitted her immediately to the hospital. Mukeshwaran, a 24-year-old accused man, the only single suspect in the case, was caught and picked up by the police officials while he was sleeping and arrested for this brutal act.
On August 22, 2024, a 14-year-old Assam girl, was raped by three men while she was coming back home from her tuition. The young teen was found near a pond, lying barely conscious, and oblivious of the events that led to her condition. Seeing her in such a painful state, her father collapsed mentally and is now fighting for justice so that this won't happen again with any other girl child in the state/country. Tafiqul alias Tafazzul Islam, one of the three accused, was caught by the police officials, but he tried to escape, and ultimately drowned in the water close to the crime scene, leading to his death. To support the fight for justice on the rising sexual assaults, Assam Chief Minister Himanta Biswa Sarma, stepped forward and stated that any delinquents involved in unlawful acts such as rapes, assaults, and other criminal activities, will be severely punished. The police officials are working on the case to find the other two accused men allegedly involved in the rape.
On August 23, 2024, a class-10 girl near Kolathur, was gang-raped by three men including her father. Since 2019, the victim's father had been raping her and threatened the minor daughter not to disclose this to her mother, as per the police officials. On August 19, the issue surfaced when the minor was found and rescued by a man named Ruben (27), accused of kidnapping and raping her. The victim's mother filed a missing report with the police. The officials located her in Chengalpattu with the aid of her mobile network. The victim was rescued and brought back safely. In the interrogation report, the victim also said that she used to have a connection with Arvind Kumar (27) on social media. Upon further questioning, the teen revealed that they used to meet privately outside in several locations, where he allegedly assaulted her physically and raped her multiple times.
There are many such similar cases that are flying from every corner of the nation. The foremost thing women can do to protect themselves is by educating ways to combat these heinous events. Advocate Kinnori Ghosh asserted "The new criminal laws that have been brought into effect which is a welcome move. Though courts are burdened, even then the Judges across the country have been working day and night to deliver justice. The new criminal laws ensure that litigants would be able to get justice in a time-bound manner," asserts Advocate Kinnori Ghosh, when asked about specific legal reforms to enhance the protection of women.
She further added, "To me, there should be more patrolling measures both at night and day time, CCTV cameras should be installed in more public areas and more so in places of work like institutions where women are working. All the CCTV cameras should be in working condition. Apart from that, having Public ads/workshops/spreading awareness to show more empathy towards women in general."
Educational institutions, particularly law schools, prepare and shape law aspirants into future lawyers. As they say, education is the cornerstone of society, it applies to be true, to combat the increasingly varied crimes - from rapes to sexual assaults to robbery to theft to everything illegal. "Incorporating comprehensive courses on sexual violence, consent, and trauma-informed practices into the curriculum. This can help students understand the legal and psychological dimensions of sexual violence. Provide mandatory training and workshops for students and faculty on recognizing, preventing, and responding to sexual violence. This can include bystander intervention training and information on how to support survivors effectively," avers Dr. Sushma Singh, Associate Professor, Sharda School of Law, Sharda University.
The government should set up more legal support systems and offer free counseling services for sexual violence survivors. Having swift access to basic life support can heal the survivors, both mentally and physically. The law should create a legally friendly environment so that the victims can come and report the cases without any fear. Dr. Sushma avows, "Educational institutions should advocate for and implement best practices that align with current legal and ethical standards. Conduct awareness campaigns to educate the campus community about sexual violence, its impact, and the resources available. These campaigns can help reduce stigma and encourage a culture of respect and accountability."
Dating back to past events, the Ministry of Health and Family Welfare has mentioned the guidelines on fair practices doctors need to strictly follow when it comes to providing treatment to sexually assaulted survivors. Woefully, the said official guidelines from the Ministry of Health and Family Welfare are still being overlooked by some hospitals in India while conducting their medical operations on sexual violence survivors.
Commenting on this alarming issue, Advocate Kinnori Ghosh said, "There are many organisations in India that are actively involved in providing therapy to the survivors of sexual assault to help them deal with the trauma. Furthermore, to provide legal assistance to the victims of sexual abuse, free legal aid is provided by the respective legal service authority of the state which falls under NALSA. More workshops/public ads should be in circulation for the public to have more empathy towards women. We have enough legislation for the security of women; however, safety can only be ensured if the perception of the public is changed."
The last message by the lawyer: "We consider our nation to be our mother, we respect our mother, our sister, then what stops us from respecting another female who is also someone's daughter, sister or wife? Let's work towards an India, where, our females/mothers/sisters/her/she feels the freedom and the safety."
