Systemic Failures and Cultural Silence: The Alarming Rise of Sexual Assault against Women in India

Introduction “I will never understand why it is more shameful to be raped than to be a rapist.” In a country where women are revered as manifestations of Goddesses, where cows are cherished for their nurturing role akin to that of a loving mother, and where the act of tying a rakhi proposes a gesture of love and protection from a sister to her brother, women are deeply intertwined into the fabric of many diverse cultures. However, despite these traditions and customs, it is paradoxical that the nation experiences thousands of reported rape cases daily, female foeticide, and other horrible crimes against women. The data from the Government bodies in India further underscores the severity of the situation. According to the 2022 Annual Report of the National Crime Records Bureau (NCRB), 4,45,256 rape cases were “officially registered” equivalent to a total of 86 rapes taking place per day [1]. Unfortunately, the number of cases must be higher, as in many scenarios, victims of such violence fail to register cases out of threat, coercion, or societal disgrace. India and Anti-Rape Laws  The documentation process itself reveals a critical issue, as the NCRB indicates that 71% of rape cases remain unreported. However, even the reported figures are inaccurately documented, with many cases dismissed or misclassified due to flawed investigation. Secondly, an exception to Section 375 of IPC states that “Non-consensual sexual intercourse by a man with his wife, if she is over 15 years of age, does not amount to rape.” Data indicates that a significant proportion of sexual violence remains unreported, particularly when the perpetrator is the husband [2]. Indeed, before the horrific Nirbhaya case (2012), the punishment for rape under the IPC was less stringent. Before 2013, Section 376 of the Indian Penal Code (IPC) stipulated that the minimum sentence for rape was seven years, which could be extended to life imprisonment. Furthermore, it could not differentiate between various forms of aggravated rape, lacking clear parameters for factors such as the use of weapons, the victim’s age, the severity of injuries, etc. Post-2013, rape laws became harsher to protect the dignity and rights of women in India. According to Section 376 of the IPC, more distinctions were introduced, and the minimum punishment for rape had changed to 10 years. This change aimed to reflect the seriousness of sexual offences more accurately. However, contrary to popular belief, perpetrators of sexual violence often receive sentences that do not align with the severity of their crimes, followed by a cascade of blame and humiliation upon the poor victim, erroneously justified by age, attire, or “perceived conduct.” Throughout history, sexual violence has been weaponized to assert control. Historically, in some contexts, women have been treated as spoils of war or property, reflecting broader societal attitudes towards gender. India, being a former colonial state, has witnessed the use of sexual violence as a way to assert dominance over indigenous populations The persistence of such violence against women today due to communal disagreements or religious clashes highlights the need for fostering social cohesion and enforcing stronger protection for women. Crimes driven by ego, such as harassment or sexual abuse require reshaping outdated mindsets and promoting respect and equality of women across all social spheres.

Key Questions to consider 1. Will harsher penalizing decrease the number of rape cases in India?  A substantial body of research demonstrates that the certainty of punishment exerts a more significant impact than the severity of the sentence itself [3][4]. This critical dynamic is absent in India, where, as a result of weak law enforcement services, the certainty of punishment remains exceedingly low. In numerous recent cases, a similar trend has emerged in which crime scenes are contaminated, officers are bribed to alter evidence or overlook key details, and investigative delays consequently lead to delays in justice, leaving the entire nation outraged and demanding accountability. For example, in the infamous 2024 Kolkata Rape case. This highlights India's need for a stronger executive system, particularly among the local police and CBI agencies. Due to logistical challenges, a large number of cases remain unreported, especially in rural areas. Achieving this requires enhanced police training, improved resource allocation, and measures to combat corruption. 2. Can we completely eradicate sexual violence in India?  Perhaps, complete eradication may seem achievable only in theory. However, striving toward it is essential. Considering the profound trauma and the dehumanizing consequences that crimes like rape inflict on victims and the broader societal impact, taking meaningful steps to reduce such offenses must be a priority in our minds. If we take steps to strengthen cultural development, awareness, and cooperation, and eradicate orthodox thinking in backward societies, which can be accomplished by promoting education, critical thinking, and increasing social influence, sexual violence can be largely prevented. 3. Why do so many cases of sexual violence/rape go unreported? The answer lies in a multitude of factors, such as - a) Corruption– many officers often disregard complaints fail to lodge FIRs from victims and resort to “victim-blaming” b) Humiliation– The families of victims often advise against filing a complaint, so that their family name does not get tarnished. c) Flawed Legislation- Among ever-married women aged 15-49 who have experienced physical violence since age 15, 83 percent report their current husbands as perpetrators of the violence, and 7 percent report former husbands as perpetrators [7]. As mentioned earlier, marital rape is not penalized, leading to a large number of unreported sexual violence cases involving the current partner. d) Failure of Law Enforcement Services– In many rape cases, law enforcement agencies display negligence and fail to address the severity of the situation. For example, In 2017, the Unnao case revealed severe police negligence when a young woman was raped by a local politician. Despite her repeated pleas for help, authorities ignored her complaints, allowing further threats and violence against her and her family.

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Conclusion The issue of sexual violence is deeply intertwined with systemic failures, cultural attitudes, and a lack of accountability in law enforcement. The negligence in handling rape, combined with corruption and victim-blaming, perpetuates an environment where women remain vulnerable.  We must strengthen our legislature, advise the executive to perform swift legal actions, promote inter-community cooperation, and raise awareness within society to uplift the status and rights of women in the modern era. Such measures must be taken not only to tackle the rising threat of sexual violence but also to uphold the grounds of equality and justice. It is essential for India to progress from an extremely patriarchal society and to create a landscape safe for women.

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Citations [1] “Crime in India” National Criminal Bureau of Investigation, 2022 https://www.ncrb.gov.in/uploads/nationalcrimerecordsbureau/custom/1701607577CrimeinIndia2022Book1.pdf [2] “ Sexual Violence in Private Space: Marital Rape in India” MINT, 2016, https://www.toaep.org/pbs-pdf/52-chhibbar [3] National Institute of Justice. “Five Things About Deterrence.” National Institute of Justice, 2016, https://nij.ojp.gov/topics/articles/five-things-about-deterrence [4] Sharma, Kartik. “CAN HARSHER PUNISHMENTS REDUCE CRIME RATES?” International Journal of Research (IJR), 13 June 2020, internationaljournalofresearch.com/2020/06/13/can-harsher-punishments-reduce-crime-rates/ [5] "Marital Rape and Its Impact on the Mental Health of Women in India: A Systematic Review." PLOS Global Public Health, vol. 1, no. 2, https://journals.plos.org/globalpublichealth/article?id=10.1371/journal.pgph.0000601 [6] Citizens for Justice and Peace. “The Indomitable Spirit of the Unnao Rape Survivor.” Citizens for Justice and Peace, cjp.org.in/the-indomitable-spirit-of-the-unnao-rape-survivor/ [7] National Family Health Survey [NHFS-4] , 2015-2016 https://dhsprogram.com/pubs/pdf/fr339/fr339.pdf/