New nirbhayas

New nirbhayas

Establishment’s callousness towards rape victims feeds cycles of outrage.

It’s just as well that Prime Minister Narendra Modi has lent his voice to growing outrage across the country at the horrendous violence against girls in Kathua and Unnao. His promise that justice will be delivered should be followed by stringent action against all criminals involved, including those responsible for obstructing justice – else the government’s ‘beti bachao’ slogan will ring utterly hollow. Public outrage at the crimes in Kathua and Unnao resembles the one that erupted after the 2012 Nirbhaya case, which was supposed to have been followed by course correction in the justice system. Clearly, that hope stands dispelled today.

The Unnao rape survivor faced more trauma after her father’s death in custody, her family’s exodus from their native village, and the UP police’s failure to arrest the accused BJP MLA until the Allahabad high court and CBI stepped in. In Kathua, J&K crime branch was hampered by raging protests by a Hindu Ekta Dal aided by local politicians. Both cases reflect political pressures that disrupt criminal investigations. The Nirbhaya protests were followed by a sweeping legislative response through amending rape laws. A similar trajectory is playing out again with ministers demanding death penalty for child rapists, a dangerous move giving perverse incentive to murder victims.

Parliament and assemblies have legislated for decades, but enough laws already exist to prosecute heinous crimes. The failure lies elsewhere: in registering crimes, launching serious prosecutions and delivering convictions. A related problem is political interference. Legislative changes at this point would be just a ploy by the political class to deflect public outrage. Meanwhile, police reforms enjoined by the Supreme Court have been hanging fire for more than a decade. Insulating police from political controls that influence promotions and transfers, recruiting more women cops and deploying them in special cells that investigate sexual offences, protecting witnesses, and improving forensic techniques are just some systemic reforms that are needed.

Alongside, governments must identify sexual predators among elected representatives and fast-track their cases. Being hard on one’s own sends a clear message down the line. A 2017 ADR study of 4,852 election affidavits found that three MPs and 48 MLAs faced cases of crimes against women. Further, recognised parties gave tickets to 334 such candidates instead of shunning them. If political parties’ professions following Kathua and Unnao are genuine, they could start by cleaning up their own backyards.