Women’s safety : Where are we lacking?

Dr. Bhaskar Das feels a deep sense of remorse as he talks to us. He studied for his MBBS at RG Kar Hospital in Kolkata from 2014 to 2021, the same hospital where the rape and murder of a 31-year-old postgraduate trainee recently took place, shaking the entire nation. Following the nationwide protests, as days go by, there is a growing outcry for justice—especially timely justice for the victim. These large-scale protests and discussions, reminiscent of similar protests 12 years ago, once again raise questions about what seems like a myth: women’s safety.

Now a neuropsychiatrist at NRS Medical College and Hospital in Kolkata, Dr. Das recalls that there were dim lights in the corridors and no CCTV at RG Kar Hospital, and the guards would either be absent at night or would go for strolls outside the hospital. “Once, a female doctor was on the verge of being assaulted by the relatives of a patient, and we couldn’t get help from the guards or police—only from our colleagues and other hospital staff, like nurses and even sweepers,” he says, adding that the hospital where he currently works still lacks CCTV. “A few departments get darker at night with dim lights, and we also see ‘strange’ people roaming around the premises,” he adds.

Dr. Yuvraj Jadeja, a gynecologist who runs his own hospitals in Ahmedabad, states that rape and harassment cases are very common in hospitals, and poor infrastructure has been a contributing factor. Rejecting the idea of limiting women’s working hours as a "precautionary measure"—one of the major discussions that emerged online in the aftermath—he says, "It does nothing but set women back in these competitive times, pushing them back to where they have come from."

Social, Cultural and Political: Failures from all sides

Regardless of the profession or the place, crippling infrastructure for women in public spaces is a story that is echoed by every city, town, and village. While various rural spaces deal with the problems of toilets and women are forced to defecate in the open where the majority of the crimes happen, urban spaces often show negligence in lights, CCTV cameras, and security in public transport, and unfortunately, the list is long. For instance, in a metro city like Mumbai, it has been reported that men often enter women’s compartments on local trains without fear. This is a common occurrence on the central line of the suburban trains, while the national capital struggles with deserted roads that increase the dangers of commuting at night.

Along with the lack of proper infrastructure for women, various socio-cultural elements fail women in various ways. Shruti Nagvanshi, a women’s and children’s rights activist who has been working to help rape and sexual assault victims and survivors in Eastern U.P., says that police officials often turn victims away by saying, “Apni izzat ko bachao (Protect your dignity) and don’t file the complaint.” Even with reluctance in filing FIRs and the underreporting of such crimes, it is alarming that the NCRB's recent report still shows a harrowing 4% surge in crimes against women.

In lower and marginalised communities, Mrs. Nagvanshi notes that families are afraid of social backlash and therefore do not report crimes like sexual abuse and rape. “In the Kolkata rape case, the victim belonged to a respected profession, and the media had political interests due to the opposition government in power in West Bengal, which is why the incident gained so much attention. Otherwise, many such crimes go unnoticed,” she says, adding that the extreme limelight can also negatively impact women. “I know of a family who pulled their daughter out of her NEET studies and brought her back home,” she says.

Comparatively, one of the founding members of the People's Vigilance Committee on Human Rights (PVCHR) in Varanasi states that rape cases involving the lower class rarely reach the media or the public. Nagvanshi recently helped a girl from the Mushar community (a lower caste) receive protection from the Child Welfare Committee after she was raped and became pregnant. “While we secured protection for the victim, the committee does not have the power to take action against the accused—a family member in this case—who is currently free,” she says. “When an accused is allowed to go free, it teaches them that the law can’t harm them, making them even more fearless,” she emphasises.

Not only do culprits benefit, but Priti Patkar from Prerna Anti-Human Trafficking NGO believes that delayed justice and the release of accused individuals also send a harmful message to victims. “Victims talk to others about how futile it is to report such crimes, creating a sense of disbelief in the legal system,” she says. Patkar, a veteran activist from Mumbai and a member of various POSH (Prevention of Sexual Harassment) Committees, adds that many women do not raise their concerns in these forums due to fear of consequences. “There have been cases where women faced abuse after complaining, sometimes even from the wives of the men they accused,” she says, adding that there is no proper victim protection system.

As per the recent NCRB annual report, Delhi registered the highest rate of crimes against women in 2022 at 144.4, well above the country’s average rate of 66.4. On the other hand, Uttar Pradesh recorded the highest number of crimes against women, followed by Maharashtra, Rajasthan, West Bengal, and Madhya Pradesh. Various reports cite socioeconomic status, poverty, unemployment, and the dominance of patriarchy as the major reasons for these crimes. Gunjan Thaney, head of the community-driven initiative #LivingMyPromise, says, "It all starts with our deep-rooted cultural and societal attitudes that perpetuate gender stereotypes and normalize harmful behaviours."

On how patriarchal mindsets contribute to the causes and also puts the blame on the victims, Thaney says, "Our gendered approach to safety shifts the blame for violence onto victims. Our outdated belief system and patriarchal structure privilege men over women which reinforces the idea that women are inherently vulnerable and need protection. This leads to a culture where men feel entitled to control women's bodies and behaviour." Thaney is of the view that harmful stereotypes must be challenged. "It is essential to create a culture of zero tolerance for any kind of sexist remarks or jokes. This starts at the individual level by calling out offenders," she adds.

While speaking to Local Samosa, Madhura Dasgupta Sinha, the founder of Aspire For Her and Deepa Sharma, the mentor and POSH expert from the organisaion mentioned that it is a big problem that we seek solutions before fully diagnosing and understanding the challenges and issues leading to crimes against women. Commenting upon how such conversations disappear among the citizens, they mention that it is important to be "proactive and consistent and not just reactive and situational". "We need to work to change the contest culture, the permissive culture, the toxic masculine culture, the submissive culture both at micro and macro levels," they opine.

'Legal loopholes'

From the elderly to the young, there is a widespread belief in the loopholes in the legal system. Arpita Karekar, a Legal Intern at the Secretary of the National Green Tribunal (Western Zone), says, “The law has not been a deterrent for rape convicts. When a rapist is convicted and sentenced to life imprisonment, it is assumed that on good behaviour or reformation, he may be allowed to apply for release or remission of punishment,” she says, while also adding that delays in medical procedures lead to a lack of evidence, or the evidence produced is insufficient to prove guilt beyond a reasonable doubt. “Trials in the criminal justice system are supposed to be conducted on a day-to-day basis, but the doctrine of equity, which gives equal opportunity for hearing, is often misused to buy time, further delaying the justice system,” she further explains.

Regarding punishment, Karekar states, “The punishment for a convict is rigorous imprisonment for not less than 10 years, which may extend to life imprisonment. However, there is no minimum prescribed period of rigorous imprisonment in the code, so the court is not obligated to set a specific period.” Highlighting another drawback that complicates the legal system for victims, she says, “It is only considered rape when there is penetration of any form, with the only exception being the application of the mouth. Therefore, any forced act of a sexual nature that does not involve penetration cannot be termed or punished as rape."

In addition to the existing legal provisions, Dr. Rennie Joyy, a Lawyer and founder of Aalekh Foundation says, "The punishment for crimes like sexual assault and rape should incorporate mandatory psychological rehabilitation for the accused. This would ensure not only retribution but also a path toward preventing recidivism." The demand for the death penalty has been the most common among citizens over such crimes, however, Dr. Joyy says that it might not be the ultimate solution. "What we need are speedy fast-track trials and zero paroles for the most egregious offenders. A society's true progress is measured by its commitment to justice and its ability to reform those who have strayed," she says. Showing faith in the legal system, she adds, "It's imperative that our legal system evolves to address the root causes of these crimes, ensuring long-term safety and dignity for all."

‘It is pervasive’

Apart from heinous crimes like rape and murder, workplace harassment gained extreme attention in India during the 2018 ‘Me Too’ movement. However, like many movements, it gradually faded with time, leaving no clear impact. “We do not see safety as a continuous problem. It only becomes an issue when a heinous crime like this takes place—sometimes not even then,” Priti Patkar adds. That said, what the movement did accomplish was to blur the notion that perpetrators are only “unaware individuals from the lower strata of society.” Patkar affirms, “The level of education does not guarantee or ensure civil behaviour.”

Joyeeta Adhikary, a Counseling Psychologist and Faculty member at Swami Vivekananda University, says that rapists often seek to exert power and control over their victims. “This desire for dominance may stem from feelings of inadequacy, low self-esteem, or a need to assert authority. Pedophiles exhibit unique behaviour, while non-pedophiles display extremely sadistic tendencies; some remain calm and quiet depending on the situation, planning their actions,” she says, noting that unaddressed mental health issues can contribute to harmful behaviours.

Discussing research on psychological factors that may contribute to an individual's ability to "overcome fear" and commit a harmful act like rape, Adhikary says, “Perpetrators often feel entitled to sex or control, disregarding others' autonomy.” The research also suggests, she continues, that those who commit rape may have a reduced emotional response to violence or harm, cognitive distortions that rationalise or minimise the harm caused as a defense, a lack of empathy, and may feel uninhibited due to substance use, peer pressure, or other factors. “However, rape is a complex issue, and not all individuals who commit such crimes fit a single profile,” Adhikary adds.

According to recent CBI findings submitted to the Supreme Court, the accused, Sanjay Roy, showed no remorse and allegedly displayed “animalistic instincts.” Phoram Trivedi Pathak, a Consultant Psychotherapist and CBT specialist, says, “Roy would not have displayed this trait only recently. He must have shown various other signs that went unnoticed due to a lack of mental health awareness.” Pathak states that small signs, like pulling the tails of animals and beating them, are early indicators, and people should be brought to medical assistance as soon as they start showing such signs.

Detailing behavioural patterns that are most likely to become problematic in the future, Pathak explains, “It’s about experiencing punishments and rewards. If a child is punished and beaten for every wrongdoing, they are more likely to beat their partner based on their understanding of ‘wrongdoing.’ Such behaviour becomes ingrained in their personality,” says the Ahmedabad-based doctor. “During the formative years, between ages 4 and 15, it is important to make all genders aware of sex education through school curriculums,” she adds.

The inequality between the equals

Involving all genders in discussions about women’s safety, or safety in general, has not been an ideal approach in Indian society. From separate sessions with schoolgirls on “how to behave” to promoting martial arts and imposing curfews, conversations around women’s safety often tend to place the burden back on women. However, Dr. Alka Kapur, the Principal of Modern Public School, Delhi believes that the current practice of providing safety sessions primarily for girls and female faculty members is based on the recognition that girls often face higher risks of harassment and violence. Having said that, she adds, "Schools play a crucial role in fostering a generation that values gender equality and it can be done by safety programmes that are inclusive."

Priti Patkar says that inequality arises as “we do not see men as our allies". "We need to teach both men and women, in common sessions, the concepts of ‘good touch’ and ‘bad touch,’” Patkar says. She also holds a view that such teaching is “very complex". "When we talk about 'boundaries', they might be different for each individual, but we need to teach how to navigate common grounds during their formative years,” she adds.