SUNDAY, NOVEMBER 24, 2002
India's shame: 15,000 rapes a year
SUJATA DUTTA SACHDEVA
TIMES NEWS NETWORK
NEW DELHI: In Mohammed Habib vs State, a rapist was allowed to go scot-free simply because there was no injury on his penis, assuming that the victim had resisted. However, the seven-year-old victim had a ruptured hymen and bite marks.
They say the law is blind to everything but the truth. But many rape victims would disagree. On an average, there are more than 15,000 rapes every year in India. And the conviction rate? Below 30 per cent.
National Crime Research Bureau figures indicate that the incidence of rape has increased: from 15,330 in 1997 to 16,496 in 2000.
On an average, cases take between 2-10 years in court; the longest took 15 years. This is just the tip of the ice-berg. Veena Goswami, legal advisor to Delhi Commission for Women says, ''Only 20 per cent of rape cases are reported.'' What is the solution?
Change rape laws?: ''These laws in India are extremely antiquated,'' complains Kavita Chowdhury of Mahila Atyachar Virodhi Andoalan. ''Culprits use loopholes to go scot-free.'' Anita Shenoy of Equity and Justice Foundation says, ''They do not cover all aspects of rape. The sexual history of the woman is given undue importance, thus shifting focus from the real incident.''
And only a public prosecutor can represent the victim as rape is considered an atrocity against the State. ''Sometimes the public prosecutor may change midway,'' says Prateeksha Bakshi of the Centre for Women's Development Studies.
Implementation hurdles: The courts are filled with people who favour the accused and challenge the veracity of the victim. The police, say experts, is the biggest hurdle.
''In 30 per cent of the cases, the victims are pressurised into withdrawing their complaint. The police discourages them from lodging an FIR, siting stigma and social rehabilitation,'' says Chowdhury.
Another problem, says criminal lawyer, I U Khan is that of victims changing their statements in court.
''This happens in 50 per cent of the cases, either because they don't want to pursue the case or because their case was false in the first place.''
Is capital punishment the answer?: Some MPs suggested this recently. Experts say no. ''This will cause more damage since law-enforcing agencies will make more moolah and not report cases,'' says Khan.
Others feel conviction rates will reduce further. ''Give punishment. Plus, put in place sentencing guidelines,'' suggests Bakshi.
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