State has a Constitutional duty to uphold woman dignity and freedom

• K.C Mittal

My focus in this write-up is on the crime against women, particularly rape victims for a better social order. Every day, on an average 87 rape cases are registered across the Country, according to NCRB (National Crime Records Bureau), Sept. 2020 report, but a few cases get attention and reported. Some of them are taken up suomotu or in a public interest litigation by the APEX Court or the respective High Courts to ensure fair and proper investigation. We have the latest example of Hathras case. But what happens to the remaining cases?

The unending turmoil of rape victims and their families to cry for justice has become the order of the day. The ground realities of crime rate across the Country is very grim and mind-boggling. Often, slogans about ‘Women empowerment, safety and dignity’ are raised, more authentically as electoral rhetoric; but in reality, they are just hollow, with no redressal mechanism to save a woman’s dignity.

Looking at overall Crime rate against women, in 2018 the cases registered were 378237; while in 2019 it rose to 405861. Further categorization reveals 30.9% of cases are on account of cruelty by husbands, whereas 21.8% assault with intent to outrage the modesty. 17.9 are cases of kidnapping. Vulnerable sections of society like women, children and weaker sections suffer the most. An innocent girl child gets trapped and made a victim of a horrific and outrageous act. It is a social stigma too, but authorities seem to have no vision and intention to address the ground realities.

The spurt of Crime is not sudden but a continuing affair. According to NCRB data, as many as, 32559 rape cases were registered in 2017, across the Country. In 2018, the cases increased to 33356. However, in 2019 the report indicates a rise of 7.3%. The incidents of rape of Dalit women should be an eye-opener, as according to the report the figure is 10 cases every day. State wise, UP being on top of list with 11829 cases in 2019, whereas Rajasthan reported 6794 cases and Bihar 6544. Equally dangerous is juveniles with 3 minors arrested for rape, assault and violence against women and girl child each day in 2019, which no one seems attentive to. I have referred to these details to demonstrate that the public observations on the basis of news channels, is not the whole truth. Whose responsibility is it, when the systems seem to collapse due to overload, dishonesty or political interference?

We saw massive uproar in Parliament after Nirbhaya’s gang rape incident. A widespread protest took place on the street. Perhaps, a solitary incident highly accentuated, even attracted global attention. Due to the crucial and dominating role of media, it was flagged as a priority agenda of the government to put in place adequate measures. Such crimes are not to be evaluated on a scale for monetary benefits but a challenge to meet the challenge. Creating a fund is no answer or disbursement of money takes us nowhere. Admittedly, it was and remains a systematic failure, not of recent origin but age-old. Women and social activists then put all force to administer death penalty instantaneously, but the champions of liberty held a divergent opinion. Ultimately, based on the recommendations of Committee headed by great jurist late former CJI, J. S. Verma, the Parliament carried out radical changes in rape laws, widening the definition, adding new sections, apart from amendments in procedural laws, so much so finally 4 accused were sent to gallows.

It was expected that therefrom, enforcement of stringent laws will deter perpetrators of heinous crime, to ensure due protection and a woman can travel even during odd hours, freely and without fear, but contrary to expectations, the situation is much worse. Were the changes inadequate, inconsequential or improper to provide an adequate mechanism for prevention and expeditiously investigate to convict accused persons? No doubt even after Nirbhaya’s case, other ghastly incidents like at Hyderabad and Hathras did happen raising multiple questions of credibility and laxity of law enforcing agencies.

The concept of gender equality, where Woman being nearly 48% of our population is illusory when their safety and dignity is not ensured. Questions are being raised about authority and credibility of Channels, in conducts of investigation. No doubt people have lost faith in police to conduct honest investigation. The degree of distrust is very high that even former CJI, R. M. Lodha did refer CBI, as a “CAGE PARROT” which has application invariably. Justice Krishna Iyer in 1999 said “Alas the criminals are on the triumph, the police suffer from “despendencia syndrome” and integrity is on decadence and judges themselves are activists in the acquittal of anti-social felons. True that police play’s a dominate role while the investigation, to collect evidence for prosecution oral, documentary or circumstantial.” Police lay the foundation of a case and if it is faulty and untimely, acquittal is inevitable but if proper conviction is certain.

Unfortunately, despite directions by Apex court, the successive governments have had no priority to bring police reforms, to induct a credible independent agency to deal with crimes. The ugly picture is alarming but never highlighted and addressed.

We also can’t be oblivious of the historical legacy of Class bias in probe. Rape, killing or burning to destroy evidence, involving weaker sections, Dalits and Minorities has become a common occurrence. It is an utter failure of rule of law. Public anger and discontent, a major cause for agitation and protests on the streets has justification. But Street Trial in a civilized society can never be acceptable. Vigilant Media is ideal but can’t overstep under the garb of freedom of expression.

Be that as it may, unending rape crime, is a slur on the legal system and the government. We can’t expect a divine power to save the dignity of women. The present dispensation must not shy away from establishing separate independent Crime prevention and investigating agency, may be even bring an Ordinance to avoid instant justice by mob. With the latest technology, a comprehensive mechanism is the call of the time rather than adding to existing penal legislations to create confusion. We can’t expect knocking at the doors of Courts every time for a role assigned to States nor the courts are supposed to monitor 87 cases, every day registered. State has a Constitutional duty to uphold woman dignity and freedom, rather than imposing unreasonable fetters to victimize.

Secretary, AICC Legal Department Fr. Chairman, Bar Council of DELHI