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| Blighted life of the girl child | | |
SUBHABRATA DUTTA
Recent reports of the rape of four minor girls and the incident of a one-and-a-half-year-old being raped by her neighbour represent only the tip of the iceberg. Rape and gender-based violence against girls and women is a global scourge. The problem plagues every country, cutting across the boundaries of culture, caste, education, income, ethnicity and age.
The chilling trend gets reflected in the status of girl children and women in India. The census data for 2001 shows that the country’s juvenile sex ratio has reached an all-time low of 927. Official statistics from the National Crimes Record Bureau indicate a rising crime graph relating to girls and women. According to the report, rape cases increased to 15,301 in 1998 from 14,846 in 1996 and a large number of victims were below the age of 16 years. Among the four metros ~ Delhi, Mumbai, Chennai and Kolkata ~ the maximum number of rape cases are registered in Delhi. In an editorial on 18 October 2003, The Statesman had rightly observed that Delhi becomes dreadful and “the city needs to admit its ugliness”.
Steep rise
The lowest rate of such crime was reported in Kolkata. But over the past few years, the city has acquired a dubious distinction; since 2005, there has been a steep rise in crime against girls and women. Out of 423 cases in 2005, 13 concerned rape. Among the 549 cases in 2006, as many as 38 related to rape, almost three times higher than the previous year. Rape cases increased to 228 in 2008 from 187 in 2007. These are the reported cases; the unreported ones far exceed the number that is reported. The most disturbing feature of the report is that in many cases the victims are minors, below the age of 15.
Child rape is not just a crime; it is a crime against her basic human rights and one that violates the right to life enshrined in Article 21 of the Constitution. The United Nations has described violence against girls and women as a fundamental abuse of their human rights, irrespective of the nature.
Rape destroys the girl’s innocent childhood. It is the most horrendous crime against mankind. It defiles, traumatises and destroys the life of the young and innocent victim. It would be worthwhile to quote an observation of the Supreme Court: “Rape is not merely a physical assault but is destructive of the whole personality of the victim.” (Gurmit Singh vs Punjab). The victim’s family also suffers a stigma. Unwanted pregnancy and abortion deepen the trauma. It harms the sexual and reproductive health of the victim. It also leads to what sociologists refer to as an “external crisis”; the victim’s lifestyle gets severely disrupted.
The law provides some remedies to the victim. Rape is covered under Sections 375 and 376 of the Indian Penal Code. Sexual relations with a woman without her consent or relations with a girl below 16, even with consent, is considered as rape. Medical evidence is important for, it indicates physical injury. Section 376 of IPC prescribes seven years as the minimum punishment for the rape of minors and pregnant women. The maximum punishment is life imprisonment. Social activists have even suggested capital punishment for the rapist; but the deterrent effect of death penalty has been a matter of dispute.
A survey of rape cases suggests that there are areas of confusion in the law and more important, in the implementation. The law relating to rape has changed the world over. In the UK, for instance, the changes have been effected by the Sexual Offence (Amendment) Act, 1976.
In India, a review of the law on rape is imperative. There is need to formulate a comprehensive and pragmatic law that will simplify procedures and put an end to protracted trials. Stringent punitive measures can address only one aspect of the issue.
The preventive as well as curative measures are equally important. Issues relating to child victims and crimes committed against children require a human approach. Various voluntary organisations along with governmental agencies have been collectively addressing the menace in different states by offering legal, medical and other supportive services. Delhi provides a notable example.
Support services
In 1995, some voluntary organisations in collaboration with the Delhi Police and the Association for Development took the initiative to address the issue. The focus was primarily on providing support services to the victims. The infrastructural facilities as well as personnel assistance in pursuing the cases are provided by the police while the implementation of rehabilitation programmes is the responsibility of the Association for Development.
The police have institutionalised the collaboration. Over the years, the initiative has spawned a wide network by involving a number of voluntary organisations with the expertise and experience of working in such a sensitive area as child rape. Government agencies have also been roped in for referral services relating to health, education, counselling, economic rehabilitation, legal assistance, investigation of cases and shelter. Consistent efforts are being made to amend the rape laws.
As an integral part of the preventive strategy, the organisation has adopted the community outreach programmes at different levels by forming groups meant for children, adolescents and women. Such collaborative interventions have gone a long way in building a child-friendly environment and reinforcing such human values as love, friendship, equality and mutual respect.
The writer is Reader, Department of Social Work, Assam University, Silchar
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