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Why laws on sexual violence continue to be skewed against women
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Context
The recent murder and rape of a resident doctor at RG Kar Medical College and Hospital in Kolkata have sparked widespread protests and highlighted the pervasive issue of sexual violence in India. This case has led to public outcry and demands for justice, with the investigation now under the jurisdiction of the CBI following Calcutta High Court directions.
Legislative and Institutional Shortcomings:
- Bharatiya Nyaya Sanhita (BNS): The BNS, introduced to enhance gender justice, has been criticized for not effectively addressing sexual violence. It introduced the death penalty for rape but failed to incorporate key feminist recommendations or create a real deterrent against sexual violence.
- Neglect of Recommendations: The BNS ignored critical recommendations from the Verma Committee and women’s movements for addressing systemic sexual violence. The lack of emphasis on command responsibility and institutional accountability undermines efforts to combat sexual violence.
- Failure to Address Workplace Harassment: The BNS has shifted the responsibility for addressing workplace sexual harassment to employers, creating conflicts of interest. This approach undermines efforts to create safe and supportive environments for women.
State’s Inadequate Support and Funding:
- Lack of Resources for Survivors: The state’s heavy investment in forensic technologies contrasts with its neglect of essential support for rape survivors. There are no funds for providing basic necessities like clothing and sanitary products to survivors during forensic investigations.
- Defunding of Women’s Groups: The reduction in funding for women’s organizations working with rape survivors has led to a significant loss of expertise and support. This defunding has weakened the infrastructure needed to support survivors and prevent sexual violence.
- Insufficient Shelter and Compensation: The state fails to provide adequate shelter homes, safe houses, and financial support for survivors. Compensation is often treated as discretionary rather than a right, reflecting a broader failure to support survivors adequately.
Broader Implications and Challenges:
- Institutional Impunity: The existence of “impunity institutions” that perpetuate unsafe conditions for women indicates systemic issues. The interplay between defunding and institutional capture contributes to the persistence of gendered violence.
- Intersectionality and Systemic Bias: The legal system’s response to intersectional issues, such as the safety of Muslim and Dalit women, is inadequate. This reflects broader systemic biases that fail to address the specific needs and vulnerabilities of marginalized groups.
- Sexual Violence in Public Discourse: The portrayal of sexual violence in public discourse often perpetuates patriarchal and sensationalist narratives. The use of forensic details in a voyeuristic manner contributes to the normalization of violence and undermines serious discussions about justice and reform.
Mains Question:
Q. What are the limitations of recent legal and institutional reforms in addressing sexual violence in India, focusing on the impact of the Bharatiya Nyaya Sanhita (BNS)? Analyze how intersectionality and systemic biases affect the legal response to sexual violence.
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