Acquittal of a rape accused on the tenuous grounds in Rajasthan in a celebrated case and the recent landmark judgement by the Supreme Court awarding compensation to a rape victim, have once again brought to national focus the magnitude and complex nature of crime against women.

In India, where the almighty is worshipped in feminine form as Shakti by many, crime against women is becoming common place and is on the increase. Crime statistics - with all their imperfections - paint a dismal picture. They point out that in this country, a rape takes place once in every 54 minutes; eve - teasing once in every 51 minutes; molestation once in every 26 minutes; and a dowry death once in every hundred minutes. Crime against women reported to police has increased by over 37 per cent in the past seven years.

Given the well known fact that only few crimes get reported to the police and that official statistics do not take note of less well known and yet frequent crimes of foeticide, infanticide, sati, with hunting, indecent overtures, verbal and physical abuse within the family, these statistics indicate only the tip of the iceberg. Added to this, the fatalistic attitude of Indian women who suffer silently all abuses and hardships as part of their karma, and the social taboos which look down upon the victim of a sex crime, prevent many instances coming in the open. While the ‘cases known to the police’ represent only a fraction of actual incidence, the tardy disposal given to them both by the police and judiciary undermines the confidence of the women in the criminal justice system.

Women, who constitute about half of our population are entitled to a fair deal from the society and the criminal justice system to save them from these crimes. While the feudal past of our society and societal values create an atmosphere of tolerance for crime against women, the course of justice is deflected and made ineffective due to the indifference and lack of cooperation from the public; inadequate law enforcement efforts; a sluggish and unresponsive judicial system resulting in delayed trials; and the consequent pressure on witnesses to turn hostile. Remedy lies in implementing a multi-pronged strategy aimed at sensitizing the public, police and judiciary to gender justice so that prevention, detection and investigation, speedy and effective trials and deterrent punishment for crime against women become more effective and result-oriented.

Prevention of crime against women calls for a general awareness in the population to give the women their due. Massive educational campaigns and propaganda efforts to highlight the need to eradicate the existing social evils which lead to the crime against women are to be launched. Eve-teasing, a precursor and a catalyst to many types of serious offences against women, takes place due to adolescents picking up wrong signals and ideas from the media and the films. They are in an age where they can not shift the facts of life from friction. Demystification of sex and proper sex education are likely to remove the urge and impetus for the adolescents, will ensure that sexual harassment of women do not take place and if it does, severe disciplinary action is initiated against the guilty. The need to educate women to realise that their lot is not to suffer in silence but they should fight for justice can not be over-emphasized. Measures to protect them against social ostracisation and harassment are to be conceived. Psychological support, guidance and counselling are needed for the victims of crime and many women may need shelter and sustenance in their hour of distress. Women social service organisations with the active support of the government can play a vital role in the area of prevention.

To protect themselves against physical attacks women students, working women and housewives are to be given training in elementary steps of unarmed combat for self protection. Safety gadgets like miniature tear smoke canisters that can be carried in hand bags and whistles to draw attention are to be supplied free of cost. These are standard practices in advanced countries. Law enforcement agencies, by organising beats, patrols, escorts etc. in areas prone to crime against women, can promote the cause of prevention.

The criminal justice process is initiated by the police. Unless police are sensitised to gender justice, they are not likely to give high priority to the crimes against women and consequently criminal justice system cannot swing into action. The responsibility of police in India are onerous. Much of their time and energy are consumed in order maintenance duties. Crime as a rule is now receiving a low priority in police activities and it is unrealistic to expect the police to concentrate on this areas as the focus of the public is on order maintenance. Therefore, there is need to set up special police units to exclusively deal with crime against women. To begin with, these special units could be established at all towns and cities having a population of over a lakh and in rural areas with a history of such crime.

Crime against women are of personal and intimate nature. To investigate the same, the police officer should have the confidence of the victim. In our social conditions, a woman is unlikely to confide to a male, intimate details of the crime against her. Therefore, these special units to deal with crime against women should be staffed with women police officers. As the work will be primarily of investigation, these units should be officer-intensive i.e., they should have more inspectors and sub-inspectors than the constables.

At present women police officers are recruited on almost on the same criteria as their counterparts. When entrusted with work relating to women and children, they are given some training in a capsule form, the rationale being that there should be no discrimination on sex at the stages of recruitment and training. Since, there is need for specialist officers to deal with crime against women, ladies with a degree in psychology should be recruited and given specialised training in the nuances of investigation of crime against women and also in counselling, guidance etc.

In addition to dealing with women as victims of crime, police also deal with women as accused and criminals. Often one hears complaints of custodial violence against women perpetrated by male police officers. To eliminate this possibility, the special units dealing with crime against women could also handle all women accused of crime and assist in the interrogation of women suspects and witnesses. These special units could also serve as pre-trial detention centres for women under-trials and suspects in the police remand. This would help in minimising custodial violence against women.

The need to have more women in police cannot be overemphasized. ‘All women police stations’, particularly in urban areas is the crying need of the day.

While the higher courts have displayed commendable initiative to render justice to women victims of crime, the same is unfortunately not true of lower courts. Law is not justice. Justice is dispensed by courts in a humane and fair manner in accordance with the spirit and letter of law. Judiciary has an important role to play in preventing the crime against women. Without prejudice to the sacred principles of natural justice and due process, it can play a pro-active role. Justice delayed is justice denied and it is within the powers of judiciary to expedite trials, protect women witnesses from harassment by the counsel. Deterrence lies in the certainty of punishment and not in its severity. Acquittals on flimsy grounds of procedure embolden the perpetrators and demoralise the victims. Special courts are to be set up.

Though, there have been some legal reforms pertaining to the crime against women, due to the initiative of women’s organisations and the law commission, there is much remains to be done to amend procedural laws, prescription of minimum punishment for offences etc.

Women NGOs should realise that crime against women to a large extent can be prevented by educating the possible victims. They should concentrate on pro-active steps to make women aware of their rights and the fact that their person can not be violated with impunity by men; train them in self defence; establish legal aid cells run by women; provide counselling and advice, make their services available to police stations to deal with women-complements, witnesses and victims. They should also follow up cases in courts. Mere agitational approach may give publicity but seldom enduring results.

Crime against women is not a mere gender issue. It is a slur on the good name of this great democracy. It is incumbent on everyone of us - Indians - to see that effective steps are taken to prevent and control the same and ultimately eliminate them. No effort can be considered excessive to achieve these.