Cabinet has approved amendments to the Code of Criminal Procedure (CrPC) to include provisions that will help victims of rape. But lawyers and activists say it’s not enough

The increasing number of reported rape cases in the country and the low rate of conviction for rape have prompted the government to amend the Code of Criminal Procedure (CrPC) with a view to helping rape victims get better justice. The CrPC (Amendment) Bill 2006 is now awaiting passage in Parliament.  

In 2006, the National Crime Records Bureau (NCRB) logged 19,348 cases of rape from across India, up from 15,847 in 2005. And these are just the reported cases; around 71% of rape crimes go unreported for fear of stigma and repercussions. The conviction rate is a paltry 27%. NCRB statistics show that 18 women endure sexual violence in one form or another, every hour, with dowry deaths accounting for the lives of 7,618 women, a 12.2% increase over 2005.

According to the NCRB, Delhi occupies the top slot in crimes against women. Rape (533) and molestation (629) rates in Delhi were much higher compared with other big cities, with Delhi accounting for 31.2% of all rape cases reported in big cities.

The proposed changes are aimed at making it easier for women to report cases of rape and to improve conviction rates. The changes suggested are:

• A woman judge to hear rape cases, as far as is practicable.
• Trial to end within three months.
• Investigation of case preferably at the victim’s residence.
• Investigation preferably by a woman police officer.
• Questioning of victim in the presence of her parents or a social worker.
• Recording the victim’s statement at a place of her choice.
• Ban on publication of trial proceedings in rape cases.
• Compensation to victims or dependents who have suffered loss or injury as a result of the crime.

The amendments are in line with practices elsewhere and are necessary, but it is not certain whether they will have the desired impact. Senior lawyer Indira Jaising says: “The very language that has been used, ‘as far as practicable’, gives away the whole story.”

She says we need properly funded and enough courts to deal with crimes against women. “There is insufficient attention devoted to the nature of the problem, and of course the pressing need to ensure speed. Even for things like maintenance, I’ve known cases to be adjourned one-and-a-half years at a time,” she says.

Many victims of rape cannot get their cases registered at a police station. Procedures are often not followed once the case is registered, which may prove detrimental to the prosecution later on. Court procedures too are something of an ordeal for the victim if not handled sensitively, and there is very little awareness on the part of the official machinery about the need for special consideration for the victim. There is a need to appoint social workers to help and guide rape victims through the case.
 
According to an analysis of rape cases in 2007, by the Delhi police, 68% of rape accused were illiterate while 24% had studied up to Class X. About 80% of the accused belonged to lower economic groups.

The National Commission for Women (NCW) has asked for fast-track courts to handle rape cases and for enhanced punishment for rape and other forms of sexual assault. Brinda Karat of the All-India Democratic Women’s Association (AIDWA) says that the conviction rate must improve drastically. “The poor legal system, wrong understanding on the part of policemen in these cases and lengthy procedures, especially in child rape where after horrifying rounds of investigation the victim starts feeling that she is an accused and should not have registered the case, are a few reasons for the low conviction rate,” she says.

The recent incident in which a minor was raped by a constable and his accomplice in a moving car in Delhi has focused attention on the growing number of child rape cases, for which there is no special provision in the criminal justice system.

Source: CNN-IBN, May 7, 2008
              PTI, May 2008
              Tehelka, February 9, 2008