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Is India safer for women after Nirbhaya? The answer is no

Ocean

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Does any parent feel safe if his daughter is out late in any part of India, especially in metro cities? The answer is no. Isn’t every woman walking or driving alone considered fair game by otherwise seemingly harmless men? The answer is yes.

It was December 16, 2012, when a young women, all of 23-years-old, was brutalised in the vilest manner possible in a moving bus in the heart of India’s capital. The brutality of the assault sent shock waves of revulsion throughout the country. People were outraged and took to the streets to vent their anger. Young boys and girls even attempted to storm Rashtrapati Bhavan. Pictures of people standing on the ramparts of North and South Block, fists raised in anger went viral.

As that braveheart struggled for her life, first in a New Delhi hospital and then in Singapore, demonstrations across the country acquired a life of their own. Candlelight vigils, prayers and protests alternated with each other at almost psychedelic speed.

I had joined the UPA government only two months before as minister for Information & Broadcasting and struggled to make sense of the unfolding situation. My colleagues and I tried to put together a coherent response.

Undoubtedly there had been a massive law and order failure as the bus had sped through six police checkpoints while the perpetrators went about their ghastly business; but correspondingly, subsequent action was swift. The accused were arrested almost immediately and were charged with dispatch.

The government demonstrated sensitivity by not only meeting the protesters and cracking down on the culprits, but even pro-actively beginning consultations on amending the law. However, the crowds refused to melt. They were parked at India Gate.

As someone who came into politics from the ranks of the student /youth movement and organised, participated in and led many agitations, I was dying of curiosity to find out who these nameless and faceless protesters were. Who was organising them and why did their numbers remain constant? Finally, I could take it no more. Curiosity got better of the me.

On the evening of December 22, giving my security detail the slip and with an old friend in tow, a baseball cap pulled low over a monkey cap, I mingled with the crowds on India Gate. What I saw in those 45 minutes convinced me that there was something funny, if not ugly about that crowd.

I certainly would not allow them within a mile of a woman even during the day, what to talk of the night. It did not seem to be a bunch of people who were committed to the cause they were there for. Maybe some of them had been driven by righteous indignation, but there were an equal number whose behaviour left much to be desired. A question that every grassroots politician worries about during mass agitations – whether lumpenisation is taking over the cause.

Since making that escapade public would have achieved nothing, especially since one of my colleagues had almost been lynched when he attempted to open a dialogue with the crowd, I remained silent. However, I did tell my colleagues and other officers dealing with the matter that a three-pronged strategy was required.

First, exercise utmost restraint. Second, pray that Nirbhaya pulls through. And third, be sensitive and empathetic in your public utterances. We may be dealing with a combination of conflicting realities, I added.

All three homilies were ignored. The then Home secretary RK Singh, now a minister in the NDA/BJP government, “praised” the Delhi Police for their “efficient” handling of the situation. It was like pouring fuel over fire. The Delhi Police resorted to heavy-handed lathi-charges, including giving journalists the hiding of their lives. Nirbhaya, tragically, did not pull through.

Despite flip-flops, the fact remains that the UPA government tried and convicted both accused both at the trial court and at the first appellate level before the expiry of its term in May 2014. It overhauled the laws pertaining to rape and sexual offences and never once tried to sweep the depravity of the crime under the table.

Contrast this with what has happened in the case of the girl child murdered in Kathua and the teenager raped in Unnao. Every attempt has been made to protect the accused. The little child’s brutalised body was found on January 17 this year. Over the past three months every attempt has been made to communalise this depravity by turning it into a Hindu Vs Muslim issue. Ministers of the Jammu & Kashmir government have competed with each other to become the best defenders of the culprits. Evidence was sought to be destroyed. Lawyers behaved in the most despicable manner. It is only when the dam of public opinion burst that an administration, ironically headed by a women Chief Minister, was able to even file a chargesheet in the matter.

What happened in Unnao is equally reprehensible. The incident took place a year ago. The accused is a ruling party MLA. Not only was a woman subjected to sexual assault but her father was allegedly beaten to death by the henchmen of the legislator and died in judicial custody. Only after the victim and her family threatened to immolate themselves outside the Uttar Pradesh chief minister’s residence did the matter get traction.

However, we are still very far away from justice in both these cases.

The issue, however, is not what one government did or what its successor government did not do. What is moot is, is India safer for its women after the Nirbhaya outrage? The answer, unfortunately, is no.

Why are the incidence of sexual offences on the rise rather than abating? Did tightening the law by making rape punishable by death after the Nirbhaya case help? The answer seems to be no.

In Delhi alone, between 2011 and 2016 the incidence of rape cases has gone up. Does any parent feel safe if his daughter is out late in any part of India, especially in metro cities? The answer is no. Isn’t every woman walking or driving alone considered fair game by otherwise seemingly harmless men? The answer is yes.

If even the fear of death does not deter the perpetrators of Kathua and Unnao, then what will? If legislators fully cognizant of the law allegedly indulge in such heinous acts, then what about the multitudes ignorant of the law? Do we need to tighten the law even further? Is patriarchy and lack of education about believing that your girl and boy children are really no different, really the matter?

I do not know the answers. What I do know is that what has happened over the past week makes me sick in the pit of my stomach? It is the same déjà vu that I experienced as I drove past Safdarjung hospital, night after night in the December of 2012, on my way home from work, praying for brave Nirbhaya to pull through.

But I do know one thing, that this state of affairs cannot be allowed to go on. That is our responsibility as a society.
http://indianexpress.com/article/op...answer-is-no-kathua-unnao-rape-cases-5139040/
 
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http://www.bbc.com/news/world-asia-india-43782471

Why India's rape crisis shows no signs of abating
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Soutik BiswasIndia correspondent

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The police in India are looking for the rapists of a girl who has no face, name, home or number.

She was possibly between nine and 11 years old, and her mutilated corpse was found in a bush recently near a playground in western Gujarat state's bustling Surat city, known the world over for its diamond polishing industry. Her battered body bore 86 injury marks. The autopsy surgeon believes that the injuries "seem to have been caused over a period ranging from one week to a day prior to the recovery of the body".

The police believe she was held captive, tortured and ravaged. More than 10 days after they found her body, they are clueless about her identity: they have trawled the list of missing children in the state and come up with nothing. "There was no sign of struggle at the spot where the body was found," the local police chief says.

Putting up a struggle seems to be futile when rape is increasingly used as an instrument to assert power and intimidate the powerless in India. This is not surprising, many believe, in a hierarchical, patriarchal and increasingly polarised society, where hate is being used to divide people and harvest votes.

An awful sex ratio imbalance - largely because of illegal sex-selection abortions - means it is a country full of men. The country sees 112 boys born for every 100 girls, which is against the natural sex ratio of 105 boys for every 100 girls. A preference for boys has meant that more than 63 million women are statistically "missing". Many believe such skewed ratios can contribute to increased crimes against women.

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The northern state of Haryana, which records the highest number of gang rapes in India, has the worst sex ratio in the country. In January alone, a 50-year-old man was held for mutilating a 10-year-old girl, a 15-year-old boy allegedly raped a three-and-a-half-year-old girl, a 20-year-old married women was raped by two men, a 24-year-old man was held for kidnapping and abducting a student and a minor's girl's brutalised body was found in the fields. And these were only the reported cases.

In Indian-administered Kashmir, a poisonous cocktail of biology and bigotry led to the macabre rape and murder of an eight-year-old Muslim nomadic girl in January. She was kidnapped, kept captive in a Hindu temple, raped repeatedly and dumped in a forest. It was a warning to the minority Muslim nomads in the area to stop grazing their animals on Hindu owned land, in a restive part of the region, which is simmering with religious tensions.

Eight Hindu men have been charged with the Kashmir gang-rape and murder. Their trial began in a fast track court on Monday. Two ministers from the ruling Hindu nationalist BJP who openly attended a rally in support of the accused resigned after the rising outrage forced the party's hand and compelled Prime Minister Narendra Modi to condemn the incident - on Twitter.

In the southern state of Kerala, a bank manager declared on his Facebook wall that it was "good" that the nomad girl was killed, because "she would have come as a [human] bomb against India tomorrow". His employers sacked him.

Mr Modi has tweeted that India's "daughters will get justice". His assurances, many believe, have begun to ring hollow. (Lawmakers belonging to his own party are being accused of rape, and supporting men accused of rape, and action is only taken against them only after widespread condemnation of their behaviour.)

Other politicians haven't done much better. When three men were convicted in 2014 for the gang rape of a journalist, Mulayam Singh Yadav, leader of the regional Samajwadi Party said: "Boys make mistakes. They should not hang for this. We will change the anti-rape laws."

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Image copyrightREUTERS
Indian women have to reconcile themselves with the reality: you save yourself - dress up properly, don't go out unescorted or simply stay at home - or remain unsaved.

What is disturbing is what appears to be the rising number of children who are being targeted. India's crime records show that reported rapes of minor children had more than doubled between 2012 and 2016.

More than 40% of the country's female victims were minor children. The uptick could, however, have something to do with increased and better reporting by the police and media, and widening the definition of rape after the horrific 2012 gang-rape and murder of a 23-year-old student in Delhi.

'Legitimising rape'
India is not alone when it comes to high rates of incidence of rape. But many believe patriarchy, feudalism and a skewed sex ratio may be making matters worse. There is public apathy as well: the rights and security of women never become election issues.

Rape can also be ingrained and justified in cultures. When Goths attacked Rome in 410 AD St Augustine called wartime rape an "ancient and customary evil". An ancient Indian treatise, according to American Indologist Wendy Doniger, "legitimised rape as a form of marriage and gave some degree of legal sanction, retroactively, to women who had been raped".

So has nothing much changed after the 2012 Delhi gang rape sparked global outrage and violent public protests?

It is difficult to say. The good news is that there is higher and better reporting of rape. The bad news is that a shambolic criminal justice system remains vulnerable to political pressures and allows many of the accused to go scot free - only one in four cases of rape in India end in conviction.

Also many Indians - men and women - refuse to believe that sexual violence is a serious problem eating away at India's vitals. And most political parties, including Mr Modi's BJP, don't appear to recognise and treat it as the crippling societal crisis it is.
 
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