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Home  » News » Rape: Time for stricter laws, convictions

Rape: Time for stricter laws, convictions

By Anurag Sharma in New Delhi
April 27, 2008 17:55 IST
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Rape, molestation and abductions, the crimes are numerous but low conviction rates for the same is one of the major reasons for the growing number of offences against women, point out experts.

"Apart from other factors, the low conviction rate in the cases of rape or molestation is the biggest worry we have today. There is hardly any deterrence. Law should provide fast track courts to deal with such cases," says Girija Vyas, Chairperson, National Commission for Women.

While there were 37,000 cases of molestation and eve-teasing in 2006-07, the conviction rate for such crimes, is below 30 per cent. For rape it is just a dismal 27 per cent.

Brinda Karat, All India Democratic Women's Association (AIDWA), member says, "I have raised the issue in Parliament several times that there is a need to step up conviction rate in rape cases drastically. Poor legal system, wrong understanding of policemen in these cases and lengthy procedures especially in child rape where after horrifying rounds of investigation the victim starts feeling that she is an accused and should not have registered the case, are few reasons for low conviction rate."

"In every 10 hours, a girl of the age of 1-10 is being raped in India. We are raising this issue and have demanded enforcement of stringent laws by government," she adds.

Reacting to a recent incident in which a minor was raped by a constable and his accomplice in a moving car in the national capital, Vyas says, "This is a special case and it should be dealt with a fast track court. On many occasions, complains do not get registered on time and then it is very difficult to prove that rape actually happened. It should be registered within 24 hours of the incident."

NCW has also recommended enhanced punishment for rape and other forms of sexual assault, Girija Vyas says.

However, retired judge Rajinder Sachar does not think that low conviction rate is one of the reasons for increase in rape cases and claims there is law in place to tackle each and every crime.

"Why blaming conviction rate. Blame it to dirty mentality, moral decline in the society and bad investigation on the part of police. We give bail after properly hearing both the parties," says the former chief justice of Delhi High Court.

Psychiatrist Samir Parikh says that government should enforce some laws to protect the right of rape victims and provide easier access for them to approach law enforcing agencies.

"The rising number of cases suggests that the fear of 'consequence of action' in metros is on decline and the perception of 'get away with anything' is growing. Why is it that in Delhi, young girls in buses don't find any support when they are harassed," he asks.

"In cases of child molestation or rape, the victim suffering from mental agony finds it very difficult to follow the police norms. The effect of the heinous crime is long lasting. They think they may become object of ridicule amongst school friends, relatives and hence does not file a case," he says.

"There should be some provision for rape victims so that they can come in the mainstream again. In most of the cases, the victim fearing backlash from the society does not resister a case in police station," Vyas adds.

"After the rape, a victim is supposedly raped ten times through police enquiry, lawyer's questions and society attitude. We have come across many cases in which parents have left the girl to battle it out on her own. They can't afford the costs. And then the conviction rate is negligible," says Abdul Mahabood, Director, Snehi, a non-profit community for psycho-social support and mental health care.

Advocate Sanjeev Kumar says that comparing the older days the conviction rate in rape cases has increased.

"As of today, conviction rate has increased. Earlier it was below 10 percent. But in cases where the registration of case gets delayed, judiciary finds it very difficult to give verdict due to lack of medical reports or non-confirmation of the age of the victim."

The National Crime Records Bureau, in its annual report, had reported that Delhi occupies the top slot in crimes against women. Rape (533) and molestation (629) rates in Delhi were much higher as compared with other mega cities, revealed the report. 

Delhi, in fact, accounted for 31.2 per cent of the total rape cases reported in big cities.
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Anurag Sharma in New Delhi
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