Tackle patriarchy

Sharad S Chauhan

DGP and MD, Punjab Police Housing Corporation

THE TRIBUNE DEBATE: Curbing crime against women

THE recently released report of the National Crime Records Bureau (NCRB), ‘Crime in India 2022’, shows that though there has been a decrease of 4.5 per cent in the total number of cases registered, the incidence of crimes against women has risen by 4 per cent, with 4,45,256 cases being reported across the country last year.

The data reveals a harrowing reality: 31,982 women were victims of rape in 2022, averaging 88 incidents per day. As many as 85,300 cases involved offences related to outraging modesty (234 cases daily). Also, 250 women were victims of gangrape or rape-murder. The all-pervasive societal anomie is exemplified by the case of a nine-year-old boy being booked for raping an eight-year-old girl in Uttar Pradesh this September.

The worrisome situation with regard to crimes against women in the West is evident from a study. Only 310 out of 1,000 sexual assault cases are reported to the police in the US, resulting in 50 arrests and 28 convictions. In the UK in 2020, 52,210 rape cases were reported, resulting in summons in only 843 of them; over a period of five years, victims dropping out of investigations rose from 25 per cent to 43 per cent, and rape convictions fell two-thirds to a record low in 2020.

Despite India’s economic progress, a fortified criminal justice system, increased recruitment of female constables, improved infrastructure and an exponential growth in communication technology, a paradox has emerged. How is a society ostensibly advancing in these aspects witnessing a surge in crimes against women? This merits a critical examination of the factors contributing to the disturbing trend. The primary cause, as revealed by research and statistics, can be described as ‘policing patriarchy through patriarchal policing’. It implies a cycle where societal norms rooted in patriarchy influence how police institutions operate, potentially reinforcing gender-based discrimination and bias.

Two Indian studies provide key insights. Rajat Mitra’s research on Tihar jail convicts suggests that many crimes are premeditated, not impulsive, with a specific victim in mind. Madhumita Pandey’s study on rape convicts shows that shame is often associated with rape rather than genuine remorse for the act. These findings shed light on the complex psychological dynamics of criminal behaviour and societal perceptions.

Population-based surveys are crucial to understand the gravity of the crime, especially considering under-reporting. These studies offer valuable insights into nuanced reasons for crime at various levels, beyond broader cultural factors like gender hierarchy. Effective policies addressing sexual violence against women necessitate an evidence-based foundation. In India, the NCRB provides a useful but limited overview based on first information reports. To improve policymaking, a national crime victimisation survey is essential to guide strategies, contribute to criminological research, support police reforms and review punitive measures such as death penalty.

A multi-country study on violence by men in the Asia-Pacific, conducted by four UN agencies, aimed to understand how masculinity shaped men’s perception and perpetration of violence against women. The study revealed alarming statistics: around half of the men admitted to having raped a woman, often starting as teenagers, with many escaping legal consequences. Factors contributing to violence are multifaceted, varying across regions. Intimate partner violence is linked to gender inequality and child abuse, while non-partner rape correlates with masculinity and participation in external violence. Addressing these issues requires long-term strategies, government commitment and data-based policies with dire consequences for perpetrators, especially considering the disturbing finding that 4 per cent of sampled men admitted to being involved in gangrape.

Police reforms for gender justice aim to enhance accessibility and accountability. Research suggests that the presence of female police officers, often within male-dominated setups, may impact their perspective on victims. Despite all-women police stations, a non-patriarchal culture is not guaranteed, potentially further isolating women as officers. The police, pivotal as a visible government arm and a gatekeeper to the criminal justice system, play a crucial role in addressing gender-based violence. Case registration rates at police stations improve when women approach them, but the general reluctance of women to report to the police remains unchanged, revealing persistent barriers. Addressing these barriers requires enhanced community outreach to overcome socio-cultural and economic obstacles hindering women’s access to justice. Initiatives involving increased awareness, improved police training and the deployment of women police officers contribute to making justice delivery more achievable for women.

Prof Nicola Lacey, an expert in law, gender and social policy, did an analysis of rape trials over two decades from the perspective of the criminal justice system. She identified the primary causes of high attrition rates and low conviction rates, emphasising how underlying assumptions, images and values shaped the enforcement process and the reception of evidence. It is widely acknowledged that the certainty and promptness of punishment hold greater significance than its severity.

In the absence of a national crime victimisation survey, the National Family Health Survey (NFHS 2015-16) serves as a crucial source of data with regard to crimes against women. Shockingly, 99.1 per cent of unreported sexual violence cases involve husbands as primary perpetrators.

This underscores that while hesitation in approaching the criminal justice system is an important factor, the primary challenge lies in tackling societal issues.

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