'Transform rape victim into survivor': Women's rights groups demand better action
It comes as no surprise that convictions for rape and sexual assault cases have reduced drastically in India, by almost 96% according to the National Crime Records Bureau (NCRB), since 2015. The reason for this drop in statistics is evident - inadequate collection of evidence, improper medical examination, little or no legal and institutional support for victims, dropping of cases before judgment, prolonged trial, lack of counselling, and weak prosecutions in the courts, to name just a few.
Which is why a conference focused on ways to improve the police response to women’s assault, particularly to rape survivors, seems to be the need of the hour.
Seeking to bridge various discrepancies in police response to victims of rape and sexual assault, the Commonwealth Human Rights Initiative (CHRI) convened a National Conference on 'First Response, Good Policing and Rape Survivors', in association with the British High Commission in New Delhi, earlier today. It brought together police officials, civil society, lawyers, journalists, academics, and NGOs to build convergence, exchange perspectives, and chart out a way forward to address challenges.
Losing the victim tag
“Our main aim above everything else should be to transform rape victims into rape survivors. A victim becomes a survivor only when justice is done, conviction takes place and he/she is rehabilitated. The legal community and civil society should join hands to protect the dignity of the complainants, and guide victims through the legal processes and help with their rehabilitation,” said Flavia Agnes, lawyer and co-founder of the Mumbai-based NGO, Majlis.
Sanjay Beniwal, Special Commissioner for Women's Safety in the Delhi Police, spoke about the need to change the mindset and prejudice against women. He recommended bringing in changes in the school curricula to teach boys to respect and protect women. “From the police perspective, the biggest change that has come after the Nirbhaya incident is that no questions are to be asked when a victim files a complaint and the registration of FIR is not restricted by jurisdiction anymore,” he added.
One of the many reasons why victims fear coming forward to register complaints is due to the stigma that is associated with rape. When a rape survivor makes a complaint at the police station, she or he often faces hostility or skepticism about what they have experienced. Hence, sensitisation of police officials, judges, prosecutors, medical examiners is extremely vital.
“One part of the problem is certainly attitudes. A lot of government officials, especially police, allow negative and damaging stereotypes of rape survivors being promiscuous to interfere with their duties,” Maja Daruwala, Senior Advisor, CHRI told Catch. “All organisations that are involved in the process of a sexual abuse trial, must be trained to behave more sensitivity towards the survivor.”
Cities get more attention
Another major concern that almost all discussants agreed to was the stark differences in the process of a rape trial in urban cities like Delhi and Mumbai, as opposed to the justice system in rural India.
“In comparison to the already largely flawed criminal justice system in places like Delhi and Mumbai, the scenario is rural areas is absolutely awful. By and large, the perpetrator is not convicted and the crime is swept under the rug. Biases against women and strong patriarchal system ensures that justice is not served,” Bharti Sharma, Honorary Sectretary of Delhi-based Shakti Shalini told Catch.
“Also, police and civil society response to sexual violence is currently focused on only rape, due to which other sexual offences like touching, stalking, harassment are often overlooked. It is important to acknowledge that young boys and the LGBTQ community can also be victims of sexual abuse, and their complaints must be treated sensitively as well,” Bharti Sharma said.
Among the other concerns raised in the conference were the need for police accountability, systemic impediments to women's access to justice, dominant patriarchy in the society and legal processes and remedies.
24 Hours
In a new initiative, CHRI also released a short film, 24 Hours on the work and challenges before the police and other responders in the crucial first 24 hours after a rape survivor comes to the police with her complaint.
Inaugurating the film, Andrew Mackenzie, Deputy Head (Political and Bilateral Affairs) at the British High Commission said, "Globally, one in three women are beaten or sexually abused once in their lifetimes. It is our hope that institutions will be able to use this film to shape their trainings and procedures and design the best possible response while engaging with rape survivors. We really feel by working together and putting women and girls at the heart of our work will we be able to tackle issues of violence against women."