"Ingrained Misogyny: How India's Institutions Are Letting Down Rape Victims"
On August 15, as India prepared to mark its 78th Independence Day, thousands of people rallied across West Bengal to protest the ongoing sexual violence and harassment faced by women, highlighting their lack of true freedom.
This was not the first protest—just two days prior, thousands of doctors went on strike—and it wouldn’t be the last. These demonstrations were triggered by the horrific rape and murder of a 31-year-old trainee doctor in Kolkata, the capital of West Bengal, on August 9. Indian law prohibits naming rape victims.
India has faced similar outrage before. In December 2012, the brutal gang rape and murder of a 23-year-old medical student shocked the nation, prompting mass protests and calls for justice and systemic reform.
Justice for Nirbhaya, the 23-year-old whose tragic case gained national attention, came when all five individuals (four adults and one juvenile) involved in her death were convicted. Yet, despite the establishment of the Nirbhaya Fund in 2013—which allocates hundreds of millions of dollars to initiatives aimed at enhancing the safety of women in India—significant change remains elusive.
A protester on Independence Day, speaking to The Telegraph, highlighted a recurring issue: “There are waves of protests following such high-profile cases of rape, but the violence against women persists.”
According to the latest figures from India’s National Crime Records Bureau, 31,516 rape cases were reported in 2022, averaging 86 incidents per day.
As the Supreme Court in Kolkata prepares for its next hearing on September 17, Media examines how India’s institutions are addressing rape and consults experts to assess whether adequate measures are in place to support victims and prevent sexual violence.
Challenges in Law Enforcement
In the aftermath of discovering the doctor’s body in a seminar hall at the government hospital where she worked, the Supreme Court revealed that local police took nearly 14 hours to file a First Information Report (FIR). This report is a crucial initial step in India’s criminal justice system, particularly for rape cases, where the law mandates immediate filing of the FIR to initiate an investigation.
The handling of the August 9 rape case has faced criticism from multiple quarters, including the Central Bureau of Investigation (CBI), the National Commission for Women, and the victim’s parents.
During a court appearance on August 22, Solicitor General Tushar Mehta of the CBI highlighted troubling details, as reported by the Hindustan Times: “The most alarming fact is that the FIR was only filed after she had been cremated. Initially, the parents were told she was ill, then they were informed she had committed suicide. It was only through persistent efforts by her colleagues and friends that a medical examination was eventually carried out.”
In response, legal representatives for the West Bengal government and the Kolkata Police argued in court that “all investigations were conducted in accordance with the law,” according to the Indian Express. Kolkata Police Commissioner Vineet Goyal, addressing CNN's inquiries, commented: “It may not be appropriate to discuss the case as it is currently under CBI investigation and Supreme Court monitoring. We are cooperating with the CBI to ensure that justice is served for the victim and her family. We conducted a professional and transparent investigation within the constraints of the time we had.”
Reports of significant delays in initiating investigations into sexual violence cases are prevalent across India. Between August 16 and 23 alone, India’s English-language press featured at least three cases highlighting public dissatisfaction with police responses to sexual violence allegations.
In one instance, the father of a 17-year-old girl who was reportedly gang-raped revealed to the media that the police refused to file an FIR and instead reprimanded him for not keeping his daughter at home. “Instead of taking down the complaint and swiftly pursuing the perpetrators, an officer at the police station berated me for not confining my daughter indoors. He argued that girls shouldn’t be allowed to go out,” the father, who chose to remain anonymous, told The Telegraph.
In response, Police Superintendent Gyanendra Singh acknowledged the complaint, stating, “We have filed a case based on the complaint and have arrested one suspect. We will take action against the local officers if the allegations are proven true.”
Audrey D’Mello, Director at Majlis, a non-profit that provides legal support to women and children affected by sexual and domestic violence, informed CNN that such delays are all too common. D’Mello reported that in the past 10-12 years, out of the 2,500 rape cases handled by Majlis, FIRs were delayed in 90% of them.
In addition to the delays, Audrey D’Mello highlighted the significant hostility faced by rape victims. “It requires immense bravery and resolve for a victim to approach the police station,” she noted. “However, once they arrive, they are subjected to humiliation, long waits, repeated questioning, and moral judgments from the police.”
This adverse treatment is partly due to inadequate training. PM Nair, a former Central Bureau of Investigation officer with ten years of experience, told the media that he believes only about 20% of officers receive training in handling sexual assault cases, describing this as a major shortfall.
Nair, now a member of the Indian Police Foundation’s executive committee, supported D’Mello’s observations about procedural delays. He pointed out that while delays in filing First Information Reports (FIRs) are common across various crimes, they are especially pronounced in cases involving women and children. This is often because these investigations are more complex and victims frequently lack a strong voice.
Yogita Bhayana, founder of People Against Rapes in India, told Media that in her regular interactions with the police, she frequently encountered officers who could not answer fundamental questions about Standard Operating Procedures (SOPs). These procedures are crucial for properly handling victims, gathering evidence, and preserving crime scenes.
The media’s request for comment from the Ministry of Home Affairs, which oversees law and order, went unanswered.
Training Gaps in Policing
Following the high-profile case of Nirbhaya’s rape and murder, there has been increased focus and funding aimed at training police and state prosecutors to handle crimes against women with greater sensitivity. For instance, the Bureau for Police Research and Development has developed courses designed to educate law enforcement about the nuances of such cases.
These training workshops, offered by various agencies and non-profits, have brought some improvements in major cities. According to Yogita Bhayana, who provides training in Delhi, officers in these urban areas now have a better grasp of the severity of these crimes. However, she noted that in smaller towns and rural areas, misogynistic attitudes among police officers remain widespread.
Despite these efforts, Bhayana told the media that the effectiveness of these training programs is often limited. “A brief, two-hour session for around 40 officers who may not fully engage is unlikely to drive significant change,” she said.
Moreover, experts argue that gender sensitivity training alone is insufficient. The inclusion of more female officers is also crucial. The Ministry of Home Affairs’ “Standard Operating Procedure for the Investigation and Prosecution of Rape Cases,” issued in 2020, specifies that the initial report should be filed by a female officer. Yet, as of the latest figures, women constitute only about 15% of India’s police force, totaling around 214,000 officers.
A backlog in the courts
In 2022, there were 198,285 rape cases awaiting trial in India, but only 18,517 were concluded by the end of the year. This means that over 90% of cases from that year remained unresolved, according to a report by the Commonwealth Human Rights Initiative. This persistent backlog in the trial courts not only delays justice but also denies victims the closure they deserve.
In response to the Nirbhaya case, there was a significant push to create Fast Track Special Courts, with 343 such courts currently in operation (excluding those dedicated to crimes against children). Experts consulted by the media suggest that even more Fast Track courts are needed and propose that a greater number of cases involving crimes against women be handled by High Courts to help restore public confidence in the justice system.
Despite the cases that do make it to court, a substantial percentage result in acquittals. In 2022, the acquittal rate for rape cases stood at 65.14%. Venkatesh Nayak, Director of the Commonwealth Human Rights Initiative, cited several issues contributing to this high rate, including hostile witnesses, survivors dropping out of prolonged cases, subpar police investigations, and insufficient forensic evidence.
Audrey D’Mello also raised concerns that the harsher sentencing laws introduced after Nirbhaya, which increased the minimum prison term from seven to ten years, may be having unintended negative effects. She explained that judges might be reluctant to convict if there is reasonable doubt or if the police investigation is inadequate. “When the investigation is poorly conducted or fails to meet the court’s standards,” D’Mello said, “judges may hesitate to impose a lengthy sentence.”
Mixed results for One Stop Centres
Among the significant initiatives introduced since 2012 is the One Stop Centre program, which aims to support women affected by violence by offering temporary shelter, assistance with police matters, medical and legal aid, and counseling. Since its launch in 2015, government data indicates that 765 of these centers are operational across India, having assisted over 900,000 women.
A case worker from one of Delhi’s 11 One Stop Centres, who spoke anonymously to the media, emphasized that for women from lower economic backgrounds, these centers offer a much-needed safe space, unlike police stations or lawyers' offices. However, she noted that police view these centers merely as shelters and that case workers have limited influence. “The One Stop Centres exist, but the police have little knowledge about them, and we lack authority. We can't make demands or expect them to heed our input,” she explained.
Reports also reveal that many survivors are either unaware of these centers or unsure how to access their services. Financial issues further complicate the situation, with only about 40% of the funds allocated by the central government actually utilized. Additionally, around 25% of the Nirbhaya Fund remains unspent.
In a response to a parliamentary query, the Ministry of Women and Child Development, which oversees the Nirbhaya Fund, shifted responsibility back to state governments, stating that the fund is "demand driven." The Ministry attributed the underspend to delays in state accounts and bureaucratic hurdles, as well as disruptions caused by the Covid-19 pandemic.
Cultural change remains a critical, yet challenging, issue. In 2021, India’s public policy think tank, NITI Aayog, concluded that crime against women cannot be effectively addressed without shifting societal attitudes. Yogita Bhayana of People Against Rapes in India echoed this sentiment, advocating for gender sensitization in school curricula. “It’s about more than respecting women in your family; it’s about respecting every woman, including strangers,” she said.
Experts agree that while institutional reforms and funding are essential, true progress also requires a transformation in societal attitudes. As one of the defense lawyers in the Nirbhaya case remarked to the BBC in 2015, “In our culture, there is no place for a woman.” This sentiment underscores the need for a broader cultural shift to ensure that women are truly safe and valued in society.
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