Rapes and Gangrapes Remain High Despite Nirbhaya Reforms

Rapes and Gangrapes: Justice Remains Elusive

On January 26, 2022, as the nation celebrated Republic Day, a young woman became the victim of a heinous gangrape in Delhi. She was subjected to unimaginable violence: her face was blackened, her hair chopped off, and she endured a brutal assault involving kicks, punches, and strikes with bats, sticks, and rubber pipes. The atrocity culminated in her being paraded through the streets, a horrifying spectacle that showed the depths of depravity in the violence against the survivor.

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The struggle for justice continues to haunt the victim, who remains trapped in a relentless cycle of bureaucratic obstacles. Tej Pratap Singh, her counsel, sheds light on the broader plight of survivors of sexual violence in India. “This was one of the most horrible crimes that we saw in Delhi in the recent past, yet the victim has still not received justice. It’s not just this case; I have many clients who come to me and complain that the police are refusing to register their cases. While I empathise with the police, who have a lot on their plate, the reality is that it is not easy for victims to obtain justice in our criminal justice system.” 

A study conducted by the Commonwealth Human Rights Init

Rapes and Gangrapes: Justice Remains Elusive

On January 26, 2022, as the nation celebrated Republic Day, a young woman became the victim of a heinous gangrape in Delhi. She was subjected to unimaginable violence: her face was blackened, her hair chopped off, and she endured a brutal assault involving kicks, punches, and strikes with bats, sticks, and rubber pipes. The atrocity culminated in her being paraded through the streets, a horrifying spectacle that showed the depths of depravity in the violence against the survivor.

We Have a Request for You: Keep Our Journalism Alive
We are a small, dedicated team at The Probe, committed to in-depth, slow journalism that dives deeper than daily headlines. We can't sustain our vital work without your support. Please consider contributing to our social impact projects: Support Us or Become a Member of The Probe. Even your smallest support will help us keep our journalism alive.

The struggle for justice continues to haunt the victim, who remains trapped in a relentless cycle of bureaucratic obstacles. Tej Pratap Singh, her counsel, sheds light on the broader plight of survivors of sexual violence in India. “This was one of the most horrible crimes that we saw in Delhi in the recent past, yet the victim has still not received justice. It’s not just this case; I have many clients who come to me and complain that the police are refusing to register their cases. While I empathise with the police, who have a lot on their plate, the reality is that it is not easy for victims to obtain justice in our criminal justice system.” 

A study conducted by the Commonwealth Human Rights Initiative (CHRI), analysing rapes and gangrapes in India from 2014 to 2022 using data from the National Crime Records Bureau (NCRB), reveals a troubling reality: the amendments to criminal laws following the horrific 2012 Nirbhaya gang rape case have not led to substantial changes regarding sexual violence against women. The findings from this research raise serious concerns about the effectiveness of the Nirbhaya reforms.

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The CHRI findings show a mixed bag—while some states have managed to reduce their cumulative figures, others have seen an alarming increase in reported cases. Furthermore, the NCRB reports fail to address the troubling phenomenon of crime burking, where police either refuse to register First Information Reports (FIRs) based on reported incidents or opt to register lesser offences that carry reduced penalties.

In an interview with The Probe, Venkatesh Nayak, the Director of the CHRI, addressed the glaring shortcomings in the implementation of the criminal law amendments that were introduced following the Nirbhaya case.

Nayak states, “In our three-part study, we found that there is a problem in the implementation of the criminal law amendments which came into force in 2013 after the Nirbhaya case. We wanted to see if there has been any improvement in the system in the last 9 to 10 years after the new law came into place. But what we found was that the number of instances of rapes and gangrapes where the perpetrators decide to end the life of the survivor has increased, so she is not able to stand up and testify against them before a court. Those numbers have gone up. Similarly, there is no perceptible reduction in the quantum of cases where the survivor is attacked but survives—there is no perceptible decrease.”

Nayak further laments the dire state of affairs concerning case disposal by the police because of the systemic failures that plague the criminal justice system. “We are finding a very large number of cases where the police are simply filing a B report in cases involving rapes and gangrapes, which is essentially when they state that the victim has died, but then say that no one is guilty of the crime. This is a telling indictment of our criminal justice system. Even the rates of convictions are declining. In a nutshell, I can tell you that the solutions devised to tackle these gruesome crimes have essentially not worked.”

In states and Union Territories where the number of reported cases has surged, a critical question emerges: is this trend indicative of improved police attitudes toward survivors, or does it reflect an alarming increase in the actual incidence of these crimes year after year?

“In Part 3 of our study, we examine district-wise data. If certain districts remain among the top ten in the country for such violent crimes of rapes and gangrapes over a period of eight to ten years, it is a cause for concern,” Nayak states. “The police can no longer claim that this is happening because people have more confidence in them and the criminal justice system, leading to an increase in reports of rapes and gangrapes.”

The CHRI report states that convictions for rape alone are increasingly rare and that the police attribute the high acquittal rates to stringent trial court standards and the prevalence of false accusations, but these claims require deeper investigation.

Sunitha Krishnan, founder of Prajwala, a non-profit dedicated to the rescue and rehabilitation of victims of sex trafficking and sexual crimes, asserts that while police accountability is crucial, it is not the sole factor contributing to the challenges in addressing sexual offences. She recounts a harrowing incident: “In 2018, we rescued around 36 children from brothels in Telangana. The youngest was three years old, and the oldest was ten. The police did a commendable job; the chargesheet was filed within two and a half months. Yet, the trial has not started, and there has been a delay of six years. Why? Because the accused have been backed by a battery of lawyers who are deliberately stalling the process. They have taken the case to the High Court and then to the Supreme Court. So, when there are delays in the delivery of justice, multiple factors are at play.”

Krishnan highlights the critical need for a societal shift in attitudes towards sexual violence, stating that while there have been improvements in reporting mechanisms, the fundamental mindset surrounding rapes and gangrapes remains largely unchanged. “Some things have changed in terms of better reporting of cases. But what has not changed is the attitude of society towards rapes and gangrapes. What has not changed is the way society engages in victim shaming and blaming. This has not changed. Even today, you will hear people asking, ‘Why did she go out at night?’ or ‘Why did she wear this kind of dress? She was asking for it.’”

She argues that addressing these deeply ingrained societal beliefs is essential for creating a supportive environment for survivors. “We must tackle this issue socially, where a lot of awareness needs to be created.”

Like Krishnan, Nayak too advocates for greater awareness and better studies so that people have access to credible data related to these violent crimes. He points out that crisis centres run by NGOs provide a safe space for women to share their experiences, yet many remain reluctant to approach the police due to fear. “There is a lot of data that is still out there and not tapped,” he notes.

To address this gap, Nayak advocates for collaborative efforts between the government and institutions such as the National Human Rights Commission and women's rights commissions, alongside academic experts, to conduct in-depth social studies. “These kinds of studies are done in foreign countries, but in India, we also need these studies,” he states.

While the NCRB comes out with annual data on crimes against women, including rapes and gangrapes, there is a pressing need for more in-depth analysis of this data. Specifically, the absence of micro-level statistics on case disposal by police and trial courts limits the understanding of the effectiveness of the criminal justice system in addressing these offences. There must be additional studies to fill the gaps in existing data, as only credible data can drive meaningful reforms.