Just over a week ago, cheers of triumph rang out at a Delhi courthouse where a special fast-track court handed the death sentence to four men who on Dec. 16 gang-raped and murdered a 23-year-old student, who came to be known in India as Nirbhaya, “fearless one.”
It is, in my opinion, a just and appropriate sentence: one that sends a strong message to would-be perpetrators of such horrific sex crimes against women in India. But triumph?
We would do well to temper our response to the sentence as we consider the context of this so-called legal success.
Let’s not forget that the Nirbhaya tragedy was just the first of a string of barbaric rapes in India that made global headlines this year. On Mar. 15, a Swiss tourist was gang-raped while camping with her husband in Madhya Pradesh, central India, the men responsible were given life sentences. On June 4, in Himachal Pradesh, northern India, three Nepali men raped an American tourist. The trial in the case is in its final stages. On Aug. 22, a young Indian photojournalist was gang-raped in the presence of her male colleague, while on assignment in Mumbai. Police have arrested four men and a juvenile in connection with the case. And just over two weeks ago, also in Mumbai, a 4-year-old girl was kidnapped from a playground, raped and left on the streets. A man has been arrested in connection with the attack.
Tragically, the cases that make the news are only the tip of the iceberg. In June, the Indian National Crimes and Records Bureau released their 2012 report, which says that there were 24,923 cases of rape registered in the past year.
It is known that, while the reporting of rape cases has increased, the numbers remain vastly understated for reasons ranging from victim intimidation to inconsistencies in how crimes are categorized. A rape and murder for example, such as the December case, would not show up in these rape statistics, as it was recorded only as a murder, because that is categorized as a more serious crime than rape.
Furthermore, there has been little progress in the number of criminal convictions achieved. In 2012, more than 133,000 rape cases were pending in the Indian criminal justice system. Of these cases, only 20,660 trials (or 15%) were completed and just 6,031 convictions were achieved. The number of reported rapes in India in the last decade has certainly increased, but the conviction rate has flat-lined.
For the overwhelming majority of cases, there is no international press, no fast track court, no justice.
The story gets worse. There’s another kind of rape that we would rather not talk about. Rape for money. Not to be confused with prostitution, we are talking about children who are sold and held captive as sex slaves. In 2009, police estimated that there were more than 1 million of them in India, according to a CNN report.
Through my work with EmancipAction, an international NGO working in India to fight child sex trafficking, we have learned that these children are raped up to 20 times a day by adults who pay money to their criminal captors for the pleasure. Our research indicates that their average age at the time of sale is 13.
Anyone still feel like cheering?
The truth is, it is going to take a lot more than one big announcement or death sentence to keep India’s women and children safe. The Indian government and judiciary are in fact, quite good at announcements – it’s implementation that can be a problem.
We have heard much this week about the fact that, while some 477 criminals sit on India’s death row, only three have been executed in the last 18 years. In all probability, the four convicted rapists will survive for years to come. The proclamation of the death sentence will likely remain just that – a proclamation.
There was an encouraging announcement made in the aftermath of the Dec. 16 attack. Finance Minister P. Chidambaram announced a 10 billion rupee (US $160 million) “Nirbhaya fund”, designed to increase women’s safety throughout India.
Nearly seven months after the announcement, arguments continue over which ministry should control the funds, and there remains a lack of clarity on how and when the funds will be released. Until this month, according to local media reports, not a rupee had been invested.
There have been a number of proposals announced: from a public transport GPS system to a new women’s bank. There has been no discussion about how these proposals will be evaluated against the goal of increasing security for women, or how the impact of the investments will be measured.
If India is to become a place of greater security and justice for women, it is going to need to get serious about implementing and evaluating the good decisions it manages to make. A case in point: Police reform. The national discussion on police reform arguably began back in November 1977 when the National Police Commission was formed to examine the role and performance of the Indian force. More than 35 years later, after countless reports, commissions and even Supreme Court rulings, it is clear that effective reform has not taken place and the force continues to be riddled with problems. There is room for much debate on the specifics of what reforms are needed, but some basics are indisputable. For example, we simply need more officers. According to the latest figures available, the ratio of police personnel in India is 130 for every 100,000 people – compared to the international norm of 270 per 100,000. In order to protect the population properly, we need to start by almost doubling the size of the police force.
India is, similarly, far behind international norms on its judge to citizen ratio, with just 15% the global average. In 2002, the Supreme Court made a wise decision and ruled to move the judge to citizen ratio from 10.5 to 1 million people to 50 for every 1 million people. Implementation eludes: According to a report in The Times of India, the ratio has moved just four points in 10 years.
To its credit, the government promised in May to double the number of judges in lower courts, where much of the backlog in cases resides, in the next five years. It did not say what the current ratio is, nor did it provide details on its strategy for growing the numbers.
Ultimately, to secure safety and justice for women, India needs more women at the table of government, making the bold decisions and detailed, nuanced plans that will ultimately change the culture of – and acceptable behavior in – this male dominated country. Women are still massively under-represented in Parliament with only 91 (11%) of nearly 800 seats in both houses. Changing this will take the implementation of another good decision: The Women’s Representation bill – which would reserve 33% of all seats in India’s national Parliament, and all state assemblies for women. That bill, pending for some 17 years, was passed by the upper house in March 2010, and more than three years later, still awaits confirmation by the lower house.
It is wonderful – and essential – that the discussion has begun about the inexcusable sexual violence against women in India. But this spark, ignited by our collective rage at the atrocities we are now discussing needs to fan into a call for action. Implementation. Transparency. Accountability.
By May, the people of India will have vote in the 16th General Election of the Lok Sabha. And for the first time in the history of free India, if the electorate demands it, the issues of justice and the empowerment of women in India can be a serious election topic. The people of India must demand that this country’s next leaders present clear, actionable plans to transform India from the worst place to be a woman among G20 nations into a safer, more just and better home for all.
There are some encouraging signs. In January, the ruling-Congress party adopted a new slogan which translates to “First respect women, then build the nation.” This is a noble start. The party’s president, Sonia Gandhi has expressed her concerns about the issue publicly, saying that “discrimination against the girl child and atrocities against women are a blot on our collective conscience.” She is right. But words are not enough. We need to know how each of the parties intends to transform India into a nation where women are respected and protected. We need plans. We need specific targets. We need data.
Voters should ask themselves, ‘Which candidate has a plan for implementing police reform? Who has a credible approach to grow the number of judges in our courts in a sustainable manner? Which candidate will increase transparency and let us watch where the money is spent and how the work is done? Who will implement creative measures to attack corruption in the manner that Brazil has, by making increasingly detailed government spending data instantly available to all on its “Transparency Portal.” Who among those wanting my vote will commit to measuring and demonstrating change instead of just announcing it?’
If we are to begin to see real change for Indian women, the answers to these questions need to be top of mind as voters make their decisions this spring. Of course, if I were an Indian citizen with an average annual income of around $1500, I might also be tempted to sell my vote for a rice cooker – or one of the many other “incentives” that are offered by political parties in exchange for support at the polls.
But I hope not. I hope I’d remember Nirbhaya – and the many others.
India, let’s ensure that our collective rage at these horrors does not subside – but instead, gets channeled into a country-wide call for action this election season. Demand action, transparency and measurement. Then show up at the polls – and vote like your life depends on it.