RG Kar incident a call for system accountability and precedence for the future

The heinous incident at RG Kar Hospital in Kolkata on August 9, 2024 has united citizens in the pursuit of justice, not only in West Bengal but also across other states and countries. The demand for justice grows stronger with each passing day. However, uncertainties remain regarding the vandalism at the crime scene.

It is still unclear whether this was an attempt to destroy evidence, which would hinder forensic investigations and obscure judicial scrutiny. Even after three weeks, there has been no public disclosure on the number of perpetrators involved or arrested, except for one suspect.

Notably, the judiciary took suo motu cognisance of the issue, hearing the case on August 20, 2024. The focus was on addressing the safety and security concerns of doctors nationwide, with the aim of restoring normalcy in hospital operations. Yet, as of September 1, 2024, junior doctors continue their agitation.

The Criminal Law (Amendment) Act of 2013 failed to eliminate existing prejudices and undesirable outcomes. It removed judicial discretion in sentencing for rape, a change driven by demands for legal reform, though the actual benefits of these reforms were seldom examined.

Despite broadening the definition of rape and implementing harsher penalties, the judgements between 2013 and 2020, as well as the execution of the four convicts in the Nirbhaya case, did little to deter such crimes. These measures neither reduced the number of rape trials nor safeguarded the dignity of the victims. Delayed justice, inadequate law enforcement due to a lack of sensitivity among officials and deeply rooted patriarchal attitudes perpetuate violence against women.

According to the National Crime Records Bureau (NCRB), there were 24,923 reported cases of rape in 2012. By 2022, crimes against women had risen by 4 per cent, with a total of 4,45,256 cases. Cybercrimes alone saw a significant increase of 24.4 per cent in 2022. Despite the establishment of 752 fast-track courts, including 409 under the Protection of Children from Sexual Offences (POCSO) Act, 2012 across 30 states and Union territories, these courts have resolved only 2,53,000 cases since their inception.

This centrally sponsored scheme was designed to expedite the resolution of pending cases related to rape and child protection. For over three decades, the National Commission for Women has been advocating for women’s rights and addressing issues affecting women nationwide. Each state now has its own State Women’s Commission, tasked with providing mechanisms for women to seek justice in cases of violation. Unfortunately, many state commissions are ineffective due to political interference and bureaucratic hurdles.

Amid this, the President of India’s statement expressing dismay over the doctor’s rape and murder drew criticism for her silence on numerous other rapes and murders in recent times. This raises the question: is the fight for justice selective and driven by political correctness?

Women face harassment, violence and objectification in workplaces, during commutes and in public spaces. This issue goes beyond mere misogyny; it reflects behaviours rooted in a patriarchal value system that is socially, politically and economically overlooked and condoned. Despite their productivity, women often find themselves questioning whether they are mere interlopers in a male-dominated space.

Whether it is the recent rape of a doctor at her workplace, the gang rape and murder of a 26-year-old veterinary doctor, the tragic case of Aruna Shanbaug (a nurse who was assaulted in 1973 and remained in a vegetative state until her death in 2015), or the horrific assault on Bhanwari Devi (a grassroots women’s rights activist gang-raped in 1992), India has consistently failed to protect women and ensure their safety and dignity at work.

The Prevention of Sexual Harassment (POSH) Act of 2013 was not just a legislative formality; it placed a statutory obligation on the government to actively monitor and ensure the effectiveness of measures on the ground. Unfortunately, the implementation of this Act, along with institutional responsibility, has fallen short, leaving many women vulnerable.

In 2017, one in seven Indians was affected by mental disorders of varying severity, found a The Lancet study. The state-specific trends identified in the National Institutes of Health’s study can help shape targeted policies and improve health system responses, thus enhancing efforts to address India’s mental health burden.

Early intervention in mental health issues, coupled with a supportive environment that nurtures growth and well-being, can prevent the development of behaviours that lead to criminal activities. Ensuring access to education and skill development opportunities helps young people thrive in personal and societal contexts, providing them with platforms for self-expression and community involvement.

Poor mental health among youth is often linked with other health and behavioural risks, such as drug use, violence and risky sexual behaviours. The rapid evolution of digital spaces has led to a sharp rise in gender-based cyber-violence, such as cyber extortion, deep fakes and digital harassment, disrupting offline life. The blurring of real and imagined realities dehumanises women, reducing them to objects for exploitation. Addressing mental health issues can mitigate these risks and promote healthier lifestyles. Collectively, we must create a system that is spontaneous, proactive and accountable, fostering a thriving generation that contributes positively to society.

It is important to note that the call for justice is gaining widespread support, with citizens from all walks of life coming together beyond political affiliations. The 18th Lok Sabha includes 74 women Members of Parliament (MPs), making up 14 per cent of the total, with West Bengal leading with the highest percentage of women MPs from any state, at 38 per cent.

Across India’s 32 states and Union territories, women constitute 45.6 per cent of the total members of Panchayati Raj Institutions. However, despite this representation, it is ironic that women leaders, from Panchayats to Parliament, have not united to address the violence, rape and murder of women in the country, whether in the case of Nirbhaya, Abhaya, or the incidents in Manipur and Uttar Pradesh.

Where are the voices of these women in leadership positions? Does this reveal that gender bias is still present even in their work lives? This is not the time for political point-scoring or media rhetoric. We must take collective responsibility for these despicable acts instead of remaining silent and moving on to the next. It is essential that we address these issues and find lasting solutions.

Ashok Kumar Nayak is a development professional. His work include child rights based research and advocacy based in Kolkata

Lakshmi Vivek, a qualified Lawyer who has been engaged with research and advocacy work on gender, CEDAW, Child Rights and Child protection and associated with The National Alliance of women

Views expressed by the authors do not necessarily reflect those of Down To Earth