In recent times, India has grappled with the urgent issue of women’s safety and persistent gender inequality. Despite progress in some areas, the country continues to face challenges in ensuring the security and equal rights of its female population. High-profile rape and murder cases have repeatedly shocked the nation, sparked outrage and calls for reform.
Despite the high-profile Nirbhaya gangrape case in 2012 and promises of reform, the situation in India has not improved significantly. The recent horrific rape and murder of a Kolkata-based intern doctor has once again shocked the nation, exposing our persistent state of stagnation and inaction.
The Pervasive Culture of Victim-Blaming and Normalization of Violence
The problem lies in the simplistic view of what drives sexual violence, alongside assumptions about victimhood and the systems of patriarchy that perpetuate gender-based violence. For marginalized women, trans individuals, and those who do not conform to the ‘ideal’ survivor stereotype, a culture of impunity, selective outrage, and victim-blaming is perpetuated.
Many, including educated individuals and political leaders, blame women for their misfortunes, citing reasons like wearing revealing clothes, interacting freely with men, or being out late. Yet, what about cases where a woman dressed decently and returning home early still suffers rape? How can we ignore the situation where a rape victim is met with shame and disregard by authorities while trying to file a complaint? Victim-blaming in India only provides more justification for perpetrators.
The Objectification and Sexualization of Women in Indian Cinema
In Indian cinema, the objectification and sexualization of women have become normalized to the point where it’s rare to find a film without a suggestive item number or portrayal of the female lead in revealing outfits. Women are often reduced to symbols of desire, with their roles confined to their physical allure and sexuality. This portrayal suggests that a woman’s value is tied to her beauty and ability to attract male attention, diminishing her worth and reinforcing gender stereotypes. Films like Kabir Singh and Animal succeed at the box office due to their focus on women’s subjugation and submissiveness with male chauvinists.
Obstacles to Seeking Justice: Systemic Failures and Procedural Delays
Seeking justice is fraught with obstacles: some FIRs are not filed, particularly when police or security officials are perpetrators, and where FIRs are filed, delays of up to a year occur, as noted in a 2024 news report. Activists often have to intervene to prompt action.
Despite the Supreme Court’s ban on the two-finger test, almost half of rape survivors still endure it, and many face delays or lack of medical examinations, leading to lost forensic evidence and inadequate police support. Some rape cases receive public attention due to their location, while many remote Adivasi and rural areas experience routine sexual violence that goes unnoticed. This raises the question of whether activism is selectively focused on certain cases, leaving many women in marginalized areas without justice.
Legal Loopholes and the Perpetuation of Sexual Violence
Legal loopholes in rape cases often undermine the effectiveness of the justice system, contributing to the perpetuation of sexual violence. Issues such as inadequate definitions of consent, low conviction rates, high acquittal rates and bails, delays in forensic examinations, and insufficient victim protection can result in perpetrators escaping accountability. For example, the lack of rigorous implementation of legal safeguards, like prompt filing of FIRs or immediate medical examinations, can lead to lost evidence and diminished chances of prosecution.
Procedural delays and bureaucratic inefficiencies discourage survivors from pursuing justice, perpetuating a cycle where perpetrators face little to no consequences, thus encouraging further offenses. The troubling practice of garlanding and celebrating rapists as heroes undermines efforts to combat sexual violence. This glorification of perpetrators creates a dangerous environment where justice is obstructed, making it increasingly difficult to address and prevent new cases of rape.
India’s Ranking in the World Bank’s Women, Business and the Law Report
The recent World Bank report, “Women, Business and the Law 2024,” highlights the significant gender gap in legal rights for women worldwide, including in India. The report found that Indian women have just 60% of the legal rights compared to men, slightly below the global average of 64.2%.
While India outperformed its South Asian counterparts, where women have only 45.9% of the legal protections enjoyed by men, the country’s ranking has marginally improved to 113, with a score of 74.4%. The report identified areas where India could enhance women’s legal rights, such as mandating equal pay for equivalent work, permitting women to work at night on par with men, and enabling women to engage in industrial jobs on an equal footing with men.
The Urgent Need for Systemic Change and Cultural Transformation
To address this issue effectively, we must challenge the cultural acceptance of rape. The urgent need of the hour is; that the nation must move beyond symbolic representations of women like Kali, Durga, Lakshmi, and Saraswati, and instead offer genuine respect and equality.
Effective implementation of equal-opportunity laws necessitates a robust supporting framework, including strong enforcement mechanisms, gender-related pay disparity tracking systems, and accessible healthcare services for women surviving violence. Addressing the challenges head-on, such as the substantial implementation gap identified by the World Bank report, is crucial to ensuring that legal reforms translate into tangible outcomes for women.
The Impact of Empowering Women: Unlocking Economic Potential
The World Bank report also highlighted the significant economic potential of empowering women. Eliminating discriminatory laws and practices hindering women from working or initiating businesses could result in a more than 20% increase in global gross domestic product. This, in turn, has the potential to double the rate of global growth in the upcoming decade.
By addressing the persistent gender inequality and creating an environment where women can thrive, India can unlock immense economic opportunities and drive sustainable development. Investing in women’s safety, education, and economic empowerment is not only a moral imperative but also a strategic imperative for the nation’s prosperity.
Cultivating a Culture of Respect and Equality: The Way Forward
The path towards a safer and more equitable India for women requires a multifaceted approach. It demands a concerted effort to challenge the deeply ingrained patriarchal norms, dismantle the rape culture, and foster a culture of respect and equality.
This transformation necessitates a collaborative effort involving policymakers, law enforcement, the judiciary, media, educational institutions, and civil society. It requires comprehensive legal reforms, effective implementation of laws, robust support systems for survivors, and a concerted effort to reshape societal attitudes and behaviours.
By addressing the root causes of gender-based violence and empowering women, India can pave the way for a more just, inclusive, and prosperous future. The time for action is now, as we collectively strive to create a society where every woman can feel safe, respected, and empowered to reach her full potential.
