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.