The Courage to Change Is In Our Hands

In this article the author Swarna Rajagopalan, founder of Prajnya, reminds us that 'Nirbhaya', the name which celebrated one girl's determination to survive violence should remind us that the world we seek to build is one where people are safe, not just because they are protected or policed, but one in which they are not afraid. Prajnya just completed the 2013 edition of its annual 16 Days Campaign against Gender Violence. 

Read the full article HERE

Read More

The System Will Not Magically Start Working One Morning: Vrinda Grover

Vrinda Grover is a Delhi-based human rights lawyer and advocate working for women's rights. In her submission before the J.S. Verma Committee in January this year, she had argued that while the 16/12 gangrape had led to nationwide outrage, the issue of violence against women itself had been the subject of rigorous debate, research, analysis and study,spearheaded by the women’s movement for over 25 years. It was high time the laws changed for the better, she had argued then and change they did. Here, we ask her how she assesses the situation a year on and what are the issues that remain to be addressed.

Interview by Vidya Venkat

The Criminal Law was amended based on the recommendations of the Justice Verma Committee Report. It was a hard-won battle for the women's movement. How do you assess the situation a year on?

In Delhi, at least, because of the kind of protests and pressure FIRs are now being registered. We do not know enough but what we do know is that the police are nowadays less discouraging when it comes to reporting cases of sexual assault. But there is more that needs to be done. 

If you could elaborate on what needs to be done now...

There must be a protocol in place in order to ensure a professional, prompt and gender sensitive response to crimes against women. The police must follow this strictly. Doctors continue to use the two-finger test to establish whether rape has happened or not. It is an unacceptable practice. Also there is absolutely no change in the way the police conduct themselves. There is need to institutionalise change. 

And what measures do you suggest in order to achieve that?

Because sexual assault has now been graded into different types of crimes, there is need to set up  specialised units of police for handling gender crimes. Similarly, only those judges who have received some orientation in the new law must be allowed to hear cases of sexual assault. People who are working in the area of law enforcement must undergo specialised training and evaluation to to ensure that they are fit to handle cases of gender crimes. If these measures are not taken then both the police and judges will continue to operate on the basis of received wisdom. 

Our criminal justice system is patriarchal and misogynistic. And there is no way that the system can be made to magically start working one morning unless concerted efforts are made to make it deliver justice for women. 

In the first place there is need to make police stations and courts accessible to victims of sexual assault. Also the role of paralegals is important. An integrated cadre of paralegals must be available to assist victims in the process of filing complaints and getting justice.

Monitoring and evaluation of the actual workings of the law is important. The judiciary has to do this in conjunction with professional organisations. 

The data relating to gender crimes and cases being filed has to be in the public domain and so do  judgments delivered in these cases so that they can be monitored. Only public activism on this issue can bring visible changes of the kind we dream of. 

Read More

A year after 16/12, what has really changed?

For India, the post 16/12 protests in Delhi last year was a watershed moment, an opportunity for women to finally achieve the dignity, respect and security that they deserve. But one year later many in India are asking, has anything changed?

In this article the author says that it is difficult to argue the Delhi rape case has led to sweeping improvements on the issue of sexual violence and the treatment of women. 

Read more HERE.

Read More

The Real Challenge is Institutional Reform : Maja Daruwala

Maja Daruwala, Director, Commonwealth Human Rights Initiative, has waged a long battle for police reforms in India. A recipient of the Nani Palkhiwala Award for Civil Liberties, her interests lie particularly in the area of systemic reforms. She has concentrated her energies on issues of accountability, particularly promoting police reform and the right to information. She is the founder and chair of People's Watch in Tamil Nadu and sits on several charitable boards, including The Open Society Institute-Justice Initiative and the International Women's Health Coalition, both in New York.

Interview by Vidya Venkat 

A number of changes in the law have been introduced post-16/12. Are you happy with the response?

The new laws pertaining to sexual assault are definitely welcome. It sets out how sexual harassment goes from pale pink to violet and the distinctions drawn between various types of sexual assault allow law enforcement agencies to deal with the crime in proportion. But the legislation which is adequate and reasonable on paper, if not functional on the ground, is not worth much.

Making access to justice real for victims of sexual assault in India is a big challenge.

What are the kind of challenges before us?

A woman who has been sexually assaulted struggles to approach the police station or the court in the first place. Then there are the endless trials and the delays which demoralise her. The greatest challenge is to operationalise the law and make it work in an everyday context. More and more legislation is meaningless without having the preparedness to make it work. In India it is is often the case that unless you have people to put their weight behind you getting justice is difficult. This has to change. 

So what is the way forward then? What steps do you suggest to make sexual assault laws deliver real results? 

The need of the hour really is institutional reform. It is the big challenge we have before us. 

When it comes to cases of sexual assault prevention is the most important thing. There has to be overall public safety for women. And that is the job of the administration.

First and foremost we need a police force that is not a force but a service. We need more women police officers yes, but more importantly, we need police officers of either gender who are well-trained and can withstand societal prejudices while handling cases of sexual assault. There is need to impart training for officers to do their work efficiently and without gender bias. 

What are the desired changes in the police force?

The top-down nature of decision making within the police is a problem. There is a macho culture prevalent in the police force in Delhi, which has to change.The police must be taught to treat women with respect. Right now in Delhi, for instance, there is great emphasis on recruiting people in the police based on their physique. This is not as important as their ability to gather intelligence by developing friendship with people in the community among whom they work. Apprehending criminals often requires being within the community and working with the people. The process of recruitment ought to focus on these aspects. The junior police must be able to advance on merit, the system has to be such that it promotes gender-just conduct.

Of late there has been an increase in the coverage of sexual assault incidents in the media and there is the fear that this might interfere with the law taking its course. What are your views on this? 

Media coverage is helpful in drawing attention to the incidents  of sexual assaults but of late there has been a sort of hothouse atmosphere resulting in witch hunts. 

The shrillness of the media and the intolerance for a nuanced debate results in institutions like the court succumbing to it at times. There is the fear that this will cause damage to the possibility of justice and the need to balance people's rights. The accused have rights too. 

The court has to come up with a response that will further respect and belief in the law. It should not be an institution offering quick-fix solutions based on popular demands. 

 

Read More

Not Much Has Changed on the Ground Since 16/12 : Ravi Kant

With a view to getting an understanding of what has changed on the ground since 16/12, CHRI spoke to Mr. Ravi Kant, an advocate in the Supreme Court of India, and President of National Network of Lawyers for Rights and Justice. He heads the NGO Shakti Vahini which works to combat human trafficking and slavery. Mr Ravi Kant also imparts training and lectures on human rights, human trafficking, child rights and violence against women. He regularly visits various Police Academies across India for training police officials.

Interview by Zoya Rasul

Have you observed any change in the attitudes of the police towards gender crimes since the Delhi gangrape last year?

The protests in Delhi following 16/12 received wide coverage in the media and the angry public came out on the streets. A year after that the only thing that has changed is that now the police is well aware that cases of rape and sexual assault are receiving wider coverage in the media and that they need to be alert while dealing with them. But if you look at changes on the ground, with regards to their everyday functioning, then I don’t think any major transformation has happened.

Why has that failed to happen?

Making laws to prevent something is only the first step. But the real significance lies in implementation of the law. While you are changing laws as per the need of the time, people on ground who work with these laws remain the same. Police force at operational level is the same people who used to be there. There is a need to change the mindset of police personnel without which the implementation of these reforms or court directives will remain ineffective.

Delhi being the Capital remains the epicenter of the media attention, but the situation is even worse in other states. Rape cases happen at an endemic scale. But our police machinery does not have the core competency to deal with the sensitive cases of sexual assault. 

Around 70% of police force constitutes ‘lathi people’. That implies Police is basically a law enforcement entity. Its expertise lies in security issues and they are trained majorly in that domain and hence they fail to understand the nitty-gritty of these very sensitive cases of rape and sexual assault. If a survivor walks in to register a complaint, the first supposition held by the Police is that either the woman is at fault or the complaint is motivated. 

Have Court directives on this brought any changes?

A five-judge Constitution Bench headed by Chief Justice P Sathasivam has said that it is mandatory for the police to register an FIR if a complainant approaches it for the registration of a cognisable offence and no preliminary inquiry is permissible in such a situation. This has made the registration of FIR easier but is that enough for cases of such serious nature? 

The most critical aspect is the investigation into the case which is often so flawed that it leads to huge number of cases in which the accused gets acquitted. 

It is important to work on the competency of investigating officers especially those dealing with cases of sexual assault. These are sensitive issues to which there is much stigma attached. The survivor is usually under unimaginable trauma and only a cautious examination can piece together a good case for trial. They should undertake scientific investigation rather than hushing up the issue. There are many cases where the victim is unaware of her documented statement under section 161 as the investigating officer does it on his own. The survivor is not in the loop and they are not made to realize the importance these statements carry once the trial starts. It leads to irregularities in the statement, thereby making the case weak and resulting in acquittal of the accused. 

To underline it again, the importance of changing the mindset of the police personnel is paramount; any level of sensitization would be effective only for a mind that believes in it.

Please comment on the high acquittal rates in rape cases

A study of crime statistics released by the National Crime Records Bureau (NCRB) shows a steady rise in incidence of rape over the last three years, with 24,923 cases in 2012, up from 24,206 (2011) and 22,172 (2010). However, conviction rates in rapes headed southwards during the same period, down to 24.2% in 2012 from 26.4% in 2011.

High acquittal rate is an area of deep concern and raises alarming questions. In a huge number of cases the victim turns hostile and retracts her statement.  In majority of these cases it is either the victims are pressurized and threatened or are paid money to change their version. Also, not every rape survivor can afford to hire a personal lawyer. People coming from lower strata rely on the public prosecutor to fight for justice on their behalf which again amounts to apathetic handling of their cases.

In the course of my work on rescuing victims of human trafficking, I have come across many cases where it takes 1-2 year for the summon to reach the victim after which they have to depose before the court to testify. As soon as the summon is dispatched the powerful traffickers become active and start threatening the victim asking them not to depose before the or to retract the statement.

Are the Rape Crisis Intervention Centres functioning efficiently?

It is unfortunate that government creates bodies for good but leaves them in lurch. Their functionality, accountability and implementation are seldom tracked. There are a plethora of notifications and advisories issued by the High Courts on how to deal with specific cases including those of sexual violence. There are clear directives for every phase of investigation. Delhi Police has also issued a point by point guideline or SOP (standard operating procedure) on how to deal with cases of rapes and sexual assault. 

But how many of these directives are followed is commonly known to us. Similar is the fate of Rape Crisis Intervention Centres. Though they need to function in-sync with the Police machinery and every case reported has to be made known to RCIC, but it is not done as that would create hurdles for them in hushing up the case and will hold them more accountable.

Read More