Outcry in India: Persistent Sexual Violence and Legal Challenges

The recent rape and murder of a trainee doctor in Kolkata have ignited protests across India, highlighting persistent sexual violence despite legal reforms. Despite tougher laws, reported rape cases remain high, with conviction rates disappointingly low. Public outcry continues against the ineffective application of laws and insufficient policing.

The recent rape and murder of a trainee doctor in Kolkata have brought women onto the streets across India, protesting persistently high levels of sexual violence despite legal reforms and promised crackdowns. The government introduced substantial changes to the criminal justice system, including tougher sentences, since the infamous gang-rape and murder of a 23-year-old in 2012. However, campaigners argue that little has changed.

NUMBERS HIGH: Around the time of the 2012 attack, police recorded up to 25,000 rape cases a year across India, according to the National Crime Records Bureau (NCRB). Since then, the annual number has largely remained above 30,000, except for an anomaly in 2020 during the COVID-19 pandemic. Attacks peaked at nearly 39,000 in 2016. In 2018, a government report noted that on average one woman reported a rape every 15 minutes. Over 31,000 rapes were reported in 2022, the latest year for which data is available.

LEGAL CHANGES BUT LITTLE IMPACT: Despite authorities ramping up penalties, including imposing a minimum sentence of 10 years with possible extension to life – or the death penalty if the victim is younger than 12 – the numbers remain high. Other reforms included widening the definition of rape, introducing fast-track courts, and lowering the age threshold for trying 16-year-olds as adults. Senior criminal lawyer Rebecca M. John noted that some rapists still feel they can escape punishment due to inconsistent law application and inadequate policing.

CONVICTIONS LOW: From 2018 to 2022, India's rape conviction rates ranged between 27%-28%, the second lowest of five serious crimes, including murder and kidnapping. In contrast, Britain had a 60.2% conviction rate for rape-related cases in FY2023-24. In Canada, 42% of sexual assault case decisions in 2016-17 resulted in a finding of guilt. Lawyer Rebecca M. John suggested that some judges might be reluctant to convict given the severe penalties, fearing the evidence may not fully stand up to scrutiny.

MAJOR CASES: Several high-profile cases have kept the crisis in the public eye. In 2018, a 26-year-old man was sentenced to death three weeks after his arrest for raping and murdering a baby girl. In 2019, police shot dead four men suspected of raping and killing a 27-year-old veterinarian in Hyderabad, claiming they tried to seize officers' weapons. The 2020 gang-rape and subsequent death of a 19-year-old girl in northern India’s Hathras district triggered nationwide outrage.