Can Legislation Alone Protect Women From Violence?

‘I am scared for myself!’, ‘I am scared for my daughter!’, ‘I am scared for my sisters, friends and the entire female population around!’. I believe I am reflecting the current mindset of all Indian women.

The Kolkata doctor's rape and murder case has created panic across the nation, across the globe. On August 9, the doctor passed away after facing inhuman torture at R G Kar Hospital’s seminar room. The torture was barbaric and remained imprinted on her till she was cremated. Post-mortem reports came up with chilling details which indicated gang rape and strangulation to death.

Can Legislation Alone Protect Women From Violence?

After this horrific incident surfaced, there has been a mass upheaval and the general public, and celebrities all came down on the roads demanding justice all over India and also in different parts of the globe through candle march.

Post a similar case of ‘Nirbhaya’ in 2012 which took place in New Delhi, as per National Crime Records Bureau, police had recorded up to 25,000 rape cases in a year across India. The numbers have always been on the higher side with more than 31,000 rape cases being reported in 2022. 

The legal penalties or punishment have never been an eye-opener so far. The irony is a rapist can rape and kill a woman but our judiciary looks into lots of pros and cons before even giving a verdict let alone the punishment.

As of now, penalties include a minimum sentence of 10 years with a possible extension to life. Another legal reform has widened the definition of rape by including non-penetrative acts, bringing in fast-track courts and reducing the age bar so that even 16 years olds can be tried for such offences.

Criminal Law Amendments have taken place repeatedly but unfortunately, fail to be impactful and bring in any fear in the mind of the culprits.

The Crime in India report published by the National Crime Records Bureau in 2023 showed a total of 4, 45,256 criminal cases against women were already registered across India. Rape is one of them ranging to 7.1%.

Nirbhaya gangrape in 2012 and now the rape and murder of the PGT doctor at RG Kar Medical College and Hospital in Kolkata demands stricter laws and punishment for such criminals.

But can legislation alone protect women from such crimes?

Well, a valid question and very categorically answered by Justice R. Banumathi (now retired), “Apart from effective implementation of the various legislation protecting women, change in the mindset of the society at large and creating awareness in the public on gender justice, would go a long way to combat violence against women’’.

Views expressed are the author's own.

Authored by Koyel Duttagupta, Business communication coach.