When the law fails women

The recent brutal rape and murder of a young doctor in Kolkata has reignited discussions on the effectiveness of India's laws against violence and abuse towards women. Despite the strengthening of rape laws since the 2012 Nirbhaya case, there remains a critical gap in addressing related crimes such as dowry deaths, domestic violence, and stalking, which undermine the overall legal deterrence against such heinous acts.

Inadequacies in the Current Legal Framework

• Dowry Deaths: In 2022, India reported 6,516 dowry deaths, with one woman dying every 90 minutes due to cruelty from her husband and his family. The low conviction rate and prevalence of "blood money" settlements, which are accepted by the police and courts, further dilute the legal consequences for perpetrators.
• Domestic Violence: Domestic violence remains severely under-addressed, with the law prescribing only up to three years of imprisonment. This leniency in bail norms often leads to quick releases of offenders, failing to provide justice for victims who face ongoing abuse.
• Stalking and Harassment: Lax bail provisions and ineffective legal responses contribute to the persistence of stalking and harassment. Accused individuals often feel emboldened due to the weak enforcement of laws, which fails to curb their criminal behavior before more severe crimes occur.

Impact of Legal Weaknesses

• Lack of Deterrence: The lack of rigorous legal action for crimes like domestic violence and dowry deaths reinforces a culture of impunity. The persistent lack of appropriate legal responses enables offenders to act without fear of significant consequences.
• Compromises and Legal Delays: The practice of allowing "compromises" and delays in trials undermines the legal system's ability to deliver justice. High rates of cases being disposed of without trial contribute to a perception of ineffectiveness and encourages further abuse.
• Need for Graded Penal Provisions: The legal system requires graded penal provisions that reflect the severity of the crime. This approach would ensure that more severe crimes, such as forcible disrobing or stalking with intent to commit sexual assault, receive appropriate legal responses from the outset.

Recommendations for Reform

• Fast-Track Trials: To improve justice for victims, the criminal justice system must be equipped to handle cases of violence against women in a fast-track manner. Expedited trials can prevent prolonged suffering and ensure timely justice.
• Effective Penal Measures: Courts should implement strict penal measures and reject extrajudicial compromises. A robust legal framework is essential to instill fear among perpetrators and prevent the normalization of violence against women.
• Judicial Reforms: The legal system needs significant reforms to handle crimes against women effectively. This includes addressing the high number of pending cases and ensuring that offenders face substantial penalties to enhance deterrence.

Mains Question:

Q. Critically analyze the effectiveness of India's legal framework in addressing crimes against women, including dowry deaths, domestic violence, and harassment. Discuss the challenges and inadequacies in the current system and propose comprehensive reforms to enhance deterrence and justice for victims.