Legal facet of Rape Instances in India: Data, Debates, and Developments

There are increased definitions of rape and speedy trial courts, but low rates of conviction, lengthy trials, and inadequate forensic services impede justice. The case of Bilkis Bano highlights political intervention and procedural lags, even after a Supreme Court decision. Recent sensationalized cases, such as a trainee doctor's tragedy, spur public outcry. Legal, social, and political challenges must be addressed in order to achieve systemic reform and enhanced protections for women's rights.

In recent years, India's struggle with sexual assault has remained at the center of national conversation. Although the country has made multiple legal reforms in the wake of high-profile events such as the 2012 Delhi gang rape, reports and statistics disclose that rape is among the most frequent crimes against women. Official reports signify that India has one rape reported every 15-16 minutes. With a reported average of more than 30,000 cases each year, the Indian justice system is brutally mock, with low rates of conviction and delayed justice for many, arguably to create impunity.

Legal Structure and Changes

The legal structures of rape in India have been drastically modified over the last few decades. Before the Criminal Law (Amendment) Act, 2013, Section 375 of the Indian Penal Code was very barely defined and did not integrate a wide range of sexual violence. The amendments made in 2013 widened the definition to cover acts of penetration with objects or other body parts and widened the range of offences as rape. The changes also reduced the definition of what is considered non-consensual sex and criminalized offenses such as stalking and voyeurism. Even with these changes, the delection of marital rape (other than in the case of spouses living apart) continues to be a contentious issue among legal scholars and women's rights campaigners.

Conviction Rates and Judicial Challenges

Going by figures of the National Crime Records Bureau (NCRB), the rate of rape convictions in recent years has remained at around 27-28%. This figure is a low one, and there are several reasons for that. These consist of inferior police investigation, inferior forensic evidence, and judicial procrastination in even conducting fair trials. Critics have intimated that the low rates of convictions undermine trust in the legal system and would inadvertently encourage crimes. Various lawyers have commented on how judges tend to hesitate giving tougher sentences, even for obligatory minimum sentences, based on hesitation about evidence as well as having to protect suspects' rights.

The Case of Bilkis Bano: A Landmark Controversy

Perhaps one of the most controversial cases in recent times is that of Bilkis Bano. The 2002 Gujarat riots — a time of communal hysteria — saw pregnant Bilkis Bano gang-raped and several members of her family brutally killed. Following the failure of the police to initiate action, Bilkis went to the National Human Rights Commission and subsequently moved the Supreme Court for a re-examination. The Court, heeding the growing public outcry, shifted the trial to Maharashtra in the interest of impartiality and ordered the Central Bureau of Investigation (CBI) to conduct the investigation.

In January 2008, the Mumbai court sentenced 11 men for their role in the offenses to life imprisonment. The judgment was upheld later by the Bombay High Court in May 2017. Trouble arose in August 2022 when the government of Gujarat released the convicts prematurely citing a remission policy of 1992. This was done by a panel with officials and BJP-affiliated lawmakers. It came under fire afterwards. Critics contended that granting the convicts remission not only belittled the seriousness of the offenses but also undermined public safety, particularly in light of reports of these convicts intimidating witnesses during their parole. According to the Court, since the trial had occurred in Maharashtra, it was the government of Maharashtra, not Gujarat, that could entertain applications for remission. The Court held the remission order to be invalid and directed the convicts to report before jail authorities within 15 days. This decision not only upheld the rule of law but also communicated a firm message against politicization of justice.

Recent High-Profile Cases and Public Reaction

The Bilkis Bano case is not unique. The public and legal discourse on rape and sexual violence has been rekindled by other high-profile cases. For example, the recent rape and killing of a 31-year-old trainee doctor in Kolkata left the country stunned. The doctor, who had finished a long 36-hour shift at RG Kar Medical College and Hospital, was brutally attacked in a seminar room. The case, which resulted in the arrest of a hospital volunteer and ultimately the handing over of the case to the CBI, saw widespread protests. Healthcare professionals throughout India, already stretched by a system that too often leaves them exposed, went on strike demanding improved security and safer working environments. These demonstrations were not confined to the medical field; "Reclaim the Night" marches broke out in cities across the country, highlighting the need to address women's safety in public and in the workplace.

Statistics from the NCRB highlight these issues. There were close to 31,500 cases of rape reported in 2022—a number that most admit is but the tip of the iceberg based on social stigma and retribution fears that lead to underreporting. Time and time again, experts have cited evidence that most of the perpetrators are known persons to the victims, which also makes legal processes and cultural responses even more challenging. The challenge of underreporting remains one of the most critical hurdles in combating sexual violence, as many survivors choose silence over the potential for social ostracism and victim-blaming.

Legal Perspectives and Future Directions

The legal issues in the handling of rape cases in India are complex. On the one hand, expansion of the definition of rape and the imposition of strict measures — like fast-track courts — betray a legislative intent to fortify women's protection. On the other hand, there remain practical obstacles. Police agencies usually face procedural delay and insufficiency of proper forensic facilities.

Judicial reforms have also been proposed. The courts must do better in handling cases of sexual violence by decreasing the backlog and adopting a more sensitive response to survivors, according to critics. Training police and judicial officers in gender sensitivity and trauma-informed responses has been proposed as necessary steps to enhance the responsiveness of the system. Also, there is a demand for an independent review mechanism that can track and assess the effectiveness of the existing legal system in preventing sexual violence and providing timely justice.

The case of Bilkis Bano has created a precedent. Through the quashing of the remission order, the Supreme Court has emphasized the importance of separating legal judgments from political influence and deriving them on strict statutory rules and judicial principle. This will impact future case decisions, putting state governments to their task with stricter adherence to the letter of the law as well as remaining within the jurisdictions prescribed in criminal procedure.

As the country proceeds on its economic and social development, the solution to sexual violence is essential not just to ensure women's safety but to promote the general health of Indian democracy. Providing justice for rape survivors is not just a legal requirement; it is an essential aspect of creating a society where the right to life, liberty, and dignity of every person is ensured.

Mohammad Hesham Atik is a student pursuing Psychology from Jamia Millia Islamia.

Disclaimer: The opinions expressed in this publication are those of the author. They do not purport to reflect the opinions or views of The Jamia Review or its members.