Custodial rape

THE National Crime Records Bureau (NCRB) data, which states that 275 cases of custodial rape were reported between 2017 and 2022, represents a systemic failure and societal apathy. The perpetrators of this heinous crime against women prisoners are found not only in law enforcement agencies but also in jails, remand homes and hospitals. Especially vulnerable to sexual violence are victims of trafficking or domestic abuse. These incidents, in which officials entrusted with upholding the law and ensuring the safety of undertrials or convicts commit excesses, demand urgent intervention and comprehensive reforms.

Addressing these concerns is the recent call to action from the Calcutta High Court, which was informed about the rising number of pregnancies among female prisoners in West Bengal. That there are 196 babies in various prisons of the state sums up the distressing state of affairs. The amicus curiae urged the court to bar the entry of male employees of correctional homes into the enclosures of women inmates to curb abuse and exploitation.

The social stigma attached to unwed mothers, the abhorrent practice of victim-blaming and the impunity enjoyed by law enforcers impede the survivors’ efforts to pursue justice. Officials’ interaction with women undertrials and convicts is often marked by a gross lack of compassion. An empathetic and supportive environment can be created by conducting a sensitisation and awareness campaign, along with a robust legal mechanism to hold erring officials accountable. Action must be taken to safeguard the rights and dignity of women in custody. In this pursuit of justice and accountability, collaboration between government agencies, civil society organisations and the judiciary is of paramount importance.

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