Editorial: Desperate political reaction
It is not the absence of stringent laws but the failure to effectively enforce them is the root cause of atrocities against women
The culture of misogyny, absence of fear of law, excruciatingly slow criminal justice system and poor conviction rate are responsible for continued atrocities against women in India. It is not the absence of stringent laws but the failure to effectively enforce them is the root cause of the problem. Mere enactment of more laws will not help in fixing the menace. The entire ecosystem needs an overhaul, starting with dismantling the patriarchal values that are typically imbibed during childhood. The new anti-rape legislation passed by the West Bengal assembly is at best a knee-jerk reaction to the widespread public protests, demanding justice, and accountability from the Trinamool Congress government following the horrific rape and murder of a trainee doctor in Kolkata’s RG Kar Medical College and Hospital. The Aparajita Woman and Child (West Bengal Criminal Laws and Amendment) Bill, 2024, proposed by the government and passed unanimously by the Assembly, includes death penalty for the convicted perpetrator in instances when the assault kills or leaves the victim in a vegetative state and death or life imprisonment without parole for other categories of rape convicts. It mandates that probes be completed within 21 days from the date of the FIR and trials within 30 days and that women officers lead these investigations. Though Chief Minister Mamata Banerjee claimed that the Bill seeks to plug the loopholes that exist in the Central legislation, the move was more a political reaction to silence the uproar over her government’s shoddy handling of the case and regain control over the narrative.
Facing flak for allowing the destruction of the crime scene and a cover-up by the State police, the TMC government would do well to focus on improving the investigative and judicial processes, ensuring a swift and fair trial, and addressing the systemic issues that lead to such heinous crimes. Unfortunately, political slugfest has dominated media headlines so far. The conduct of Mamata Banerjee, who holds both home and medical and health portfolios, bordered on nauseating theatrics and failed to inspire public confidence. The court-ordered CBI probe will, hopefully, get to the bottom of the case and help arrest all the culprits. The Abhaya case is just the tip of a murky iceberg. India’s rape statistics indicate that 90 such dastardly incidents are reported daily while a very large number of molestation cases go unreported by the families of victims. Though the Nirbhaya case had triggered widespread protests, prompting Parliament to pass a new anti-rape Act with stringent provisions, there seems to be no let-up in the crimes against women. It has been a case of too many laws but too little justice. Inordinate delay in punishing the culprits renders the entire system ineffective and the purpose of deterrence is not served. Between 2018 and 2022, conviction rates for rape remained around 28%, according to NCRB data.
