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Muhammad Naqi

South Asia's Fight Against Sexual Violence

“I raise my voice—not so that I can shout, but so that those without a voice can be heard...we cannot all succeed when half of us are held back.” — Malala Yousafzai

In the heart of South Asia lies an urgent and pervasive challenge: the fight against the scourge of sexual violence. The safety of women is a complex issue rooted in societal, cultural, and legal factors. The prevalence of violence against women and girls is a grave concern, reflecting deep-seated gender inequalities and cultural norms that perpetuate discrimination and violence.

The rape and murder case of the 31-year-old woman in Kolkata is a tragic example that has rightfully sparked public outrage and protests. It highlights not only the individual tragedies but also the broader societal issue of women's safety. The response to such incidents, including public demonstrations, suggests a growing refusal to tolerate violence and a demand for change.

In India, the reported cases of violence against women, including rape, have indeed been alarmingly high. The National Crime Records Bureau (NCRB) data indicating an average of nearly 90 rapes reported daily in 2022 is a stark testament to the pervasiveness of such crimes. However, these figures may not fully capture the extent of the issue, as many incidents go unreported due to fear of retaliation, societal stigma, and a lack of confidence in the justice system.

Addressing the question of why women are not safe requires challenging and changing the patriarchal attitudes and misogynistic cultures that have historically undervalued women's rights and safety. The tragic incident of 2012, involving the gang rape and murder of Jyoti Singh, a young student in Delhi, was a watershed moment for India, leading to a significant shift in the country's legal stance on crimes of sexual violence. Addressing the complex issue of women's safety necessitates a multifaceted approach that challenges entrenched patriarchal attitudes and misogynistic cultures. The Criminal Law (Amendment) Act of 2013, was a direct response to the public's demand for justice and a testament to the power of collective action in effecting change.

However, the persistence of sexual crimes, despite these reforms, indicates that legal measures alone are insufficient. The increasingly brutal nature of such crimes suggests a disturbing trend towards the normalization of violence.

The rape culture prevails in South Asia, across the border in Pakistan, as recently in August, a Belgian woman was discovered in the Country’s capital, Islamabad, reportedly enduring five days of rape. The Global Gender Gap Index Report 2022 indeed places Pakistan at a low ranking of 145 out of 146 countries in terms of gender parity, particularly in terms of economic participation and opportunity. This stark positioning underscores the significant challenges that remain in achieving gender equality within the nation and the broader South Asian region.

It was the outcry following high-profile cases such as those of Zainab Ansari and the Motorway incident that catalyzed stringent penalties for sexual crimes. The Anti-Rape (Investigation and Trial) Act of 2021 incorporated offenses like gang rape and marital rape, granting authorities enhanced capabilities to tackle diverse manifestations of sexual violence. While this Act, which was catalyzed by the outcry following high-profile cases such as those of Zainab Ansari and the Motorway incident, has introduced more stringent penalties for sexual crimes, including the death penalty and life imprisonment, reflecting a zero-tolerance policy, such offenses are yet to be completely eradicated.

The weaponization of women's bodies is a critical issue that has long been woven into the societal fabric of South Asia. It is often suggested that safety can be achieved through adherence to guidelines largely determined by men, such as walking outside at specific times, wearing certain outfits, and following particular safety protocols. However, these measures do not address the root causes of violence against women.

The recent tragic incident in Kolkata, where a trainee doctor was subjected to rape, highlights the urgent need for systemic change. Despite initiatives by the central government to enhance the safety of women, such as the Investigation Tracking System for Sexual Offenses, which aims to ensure time-bound investigations in sexual assault cases, the National Database on Sexual Offenders, which assists in the tracking of sexual offenders nationwide, and the establishment of a cyber-crime portal and Cyber Crime Forensic Labs in various states, are commendable efforts to combat cyber-related offenses. Despite these initiatives, challenges persist in ensuring the safety of women. Factors contributing to these challenges include: The conviction process for sexual offenses is often hindered by skepticism among officers regarding the validity of complaints, leading to delays in legal proceedings. Moreover, the Supreme Court has highlighted the lackluster enforcement of the Sexual Harassment of Women at Workplace Act, 2013, indicating a need for more robust application. The Indian legal framework has established a 60-day time limit for filing charge sheets in cases of sexual violence; however, adherence to this time frame is inconsistent. For example, a study on rape trials in Delhi in 2017 revealed that recording the survivor's statement alone took an average of 8.5 months. Furthermore, the pendency rate of rape cases in 2019 was alarmingly high at 89.5%, indicating that a vast majority of cases remained unresolved at the end of the year. Additionally, the underutilization of the Nirbhaya Fund introduced for the safety and security of women, despite increased budgetary allocations, points to a gap between the resources available and their deployment towards the intended purposes.

It is also important to address the issue of victim-blaming in a society that requires a shift in perspective and a commitment to change at multiple levels. It is essential to foster a culture of empathy and support that focuses on providing justice and healing for the victim rather than questioning their actions. In India, khap or jati panchayats, usually composed of dominant caste community members, are known to frequently pressure rape survivors and their families to compromise rape cases, including using their social and political power to intimidate or bribe the police officers investigating the case, threats of economic and physical retaliation, and social boycott.

Education and awareness campaigns can play a significant role in challenging and changing harmful gender norms and patriarchal values that contribute to the stigmatization of survivors of sexual assault. Crimes of sexual violence can have a life-long impact on survivors and their families. While electronic and social media wield significant influence, exploiting victims' suffering for clickbait is deplorable. It is also crucial to establish a comprehensive support system that provides free legal aid, medical care, and psychological counseling for sexual violence survivors.

Addressing sex inequality is crucial for the development of South Asia, a region that is home to a significant portion of the world's female population. The Global Gender Gap Report 2020 indicates a substantial gender gap, suggesting a prolonged journey towards equality. Moreover, the prevalence of violence against women and children in South Asia is alarming, with estimates indicating a high incidence of such violence. Institutions must prioritize the safety and protection of all citizens, with a focus on creating secure environments for women in public spaces. The legal process, as highlighted by the 2020 study of rape cases before the Negombo High Court in Sri Lanka, shows a concerning delay in the indictment and trial phases, which can extend from a few years to nearly two decades. Such prolonged legal proceedings can exacerbate the trauma for the victims and may deter the reporting of such crimes.

The effectiveness of a criminal justice system is often measured by its conviction rates, especially for serious crimes such as rape. However, the focus on increasing the severity of punishment may not necessarily lead to better justice outcomes. It is crucial to ensure the certainty of punishment to deter crime effectively. While it is understandable for governments to respond to public demand for tougher penalties, balancing this with investments in the criminal justice system is imperative. This includes enhancing the reporting, investigation, and trial processes to improve conviction rates.

The struggle for equality and justice is an enduring one; learning from the past and fostering a collaborative approach are essential steps towards building a society that values safety, dignity, and equality. Such efforts are key to eradicating gender-based violence and ensuring a safer, more equitable future for the region. Indeed, the struggle continues, but so does the hope for a brighter, more equitable tomorrow.

 

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