From Nirbhaya to Moumita Debnath: Legal Reforms and the Continuing Struggle Against Sexual Violence

Adv Prashant Singh Manhas & Adv Sawan Singh Bhau

Introduction: On August 9, 2024, Moumita Debnath, a second-year postgraduate trainee doctor at RG Kar Medical College in Kolkata, West Bengal, India, was found dead in a seminar hall in the college campus. Her rape and murder had been verified by an autopsy. India witnessed another episode of mass protest in response to the rape and killing of a trainee doctor in the state of West Bengal. Last time the country was jolted into mass protests over sexual violence against women was in December 2012 triggered by a brutal gang-rape of a medical student in New Delhi. At that time, the social movement demanded reforms in criminal law, in response, the state enacted amendments to criminal laws. But whether these stringent laws create any kind of deterrence in the minds of perpetrators of crime? Did the Criminal law (Amendment) Act 2013 put a tight rein on it, all these things require a matter of detailed discussion. In the instant case, investigation revealed disturbing details: Debnath had been raped and sexually assaulted before being killed via strangulation. As per, National Crime Records Bureau (NCRB) 2023, crimes against women in India increased by 4% throughout 2022 with reported cases rising from 4,28278 in 2021 to 4,45,256 in 2022 in which 31,516 are Rape cases reported, out of which 2.56% of cases convicted to total number of cases for trial. After the Nirbhaya incident, a stringent law was introduced but nothing has changed in the past decade and crime against women has not stopped till today, after Nirbhaya incident, Shakti mills gang rape (2013), Ariyalur gang rape(2016), Unnao gang rape (2017), Kathua gang rape(2018), Hyderabad gang rape and murder(2019), Hathras gang rape(2020), over the past decade, these are several gruesome rape cases that have deeply shook the society. But till date there has been no declining trend in this graph Penal Provisions relating to Rape The Criminal Law (Amendment) Act, 2013, expanded the definition of rape, it now covers oral sex, sexual activity performed without consent, and inserting an instrument or any other bodily part into a woman’s vagina, urethra, or anus. If a male engages in sexual activity with a woman against her will or without her consent, as defined by clauses one to seven of section 63 of Bharatiya Nyaya Sanhita (BNS), he is guilty of rape. Even the slightest penetration [Tarkeshwar Sahu v. State Of Bihar (Jharkhand)] of male organ into the female is sufficient to constitute ‘sexual intercourse’ and the depth of penetration is immaterial [Nathu Ram v. State of Haryana].
If the rape resulting in death or vegetative state of the victim, the punishment is 20 years to life imprisonment (rigorous imprisonment) or death. As per section 193 of BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023) the investigation shall be completed without unnecessary delay and if the investigation relates to an offence against women and children, it shall be completed within two months. Whether aforementioned provisions in law are sufficient to curb the increasing incidents of rape? Can the investigation be completed in 2 months? All these things will become clear in the coming days. RG Kar Medical College Incident: Initially, the hospital administration informed the parents that their daughter was ill, but half an hour later, they reported that she had killed herself. In the hospital where the corpse was discovered, doctors were present. Why were they all unaware that it was either a murder or a suicide? We have already seen that the how the mob sabotaging the hospital building premises and trying to temper the evidence present at the crime, being misled by someone. But at same time the police authority even knowing the fact that the matter is of grave importance, why security arrangements were not strengthened earlier, in such kind of cases the police authorities should be made accountable. Way forward: I think that if the following things are added to the law and society through education then cases like violence against women, rape or other can be reduced:
Stop Sexualizing and Objectifying Women: I believe the film and media industry plays a critical role in perpetuating sexual dominance by consistently sexualizing and objectifying women, particularly through the actions of lead actor figures whom much of the Indian audience idolizes. When these ‘actors’ exhibit aggressive or degrading behaviour toward women on screen, it normalizes and validates such behaviour in real life. Similarly, actresses who participate in item songs often reinforce this objectification, with lyrics and visuals that reduce women to mere objects of desire. (these roles can be taken up by dancers instead of lead actresses with huge following, solely because girls idolize them). This constant portrayal in hundreds of films shapes societal perceptions, conditioning viewers to believe that women are inherently weak, vulnerable, and dependent on men for survival. The more this narrative is repeated, the more it ingrains the false notion that women are inferior, similar to objects meant to be controlled. Sensitization of Males: Sensitization of males to prevent sexual violence against females is essential. Teaching children about consent, boundaries, and respectful behaviour from a young age can help prevent sexual violence. As I mentioned above, sexualizing and objectifying women and portraying then she is inferior then males, it’s a form of indoctrination that begins early. A child may grow up with no sense of inferiority, but as she is repeatedly told through films, ads, and societal remarks that her value lies in her appearance, purity of her body or that she is weaker than men, she begins to internalize these harmful beliefs. Even when women achieve extraordinary feats, such as Manu Bhaker’s Olympic victory, the conversation often shifts away from their accomplishments and focuses instead on their physical appearance and marriage. This obsessive focus on beauty and body over capability exemplifies how deep-rooted this conditioning is, feeding into the larger narrative of women’s vulnerability. In order to change the unequal gender relations in families, communities, and social institutions like workplaces and schools, men and women can work together to take specific action. Men’s involvement in gender equality initiatives should have a positive impact on all facets of their lives, fostering social inclusion, democracy, and justice. Stop Politicization of Crimes: When we are discussing about heinous crimes, it’s essential to approach the matter objectively and avoid politicizing it and focusing only on the legal aspects rather than see with the angle of politics. Strict action should be taken against those who try to add fuel to the fire, whether it is a politician, administrator or a person from any field.
Equality Approach: Sometimes, we have seemed that when the politicians or person related to them suspected or indulged in any crime then the soft approach would be adopted by the authorities towards them and this must be stopped and equal treatment given to the accused of any offence without preventing anyone, whether he belongs to the high-class society or an indigent person. Conviction based on Medical and Forensic evidence: If the semen sample of the accused matches with the sample taken from the vaginal swab of the rape victim, then he should be sentenced on that basis. There is no need to prolong the trials in heinous crimes, if it is proved from the medical and forensic evidence that this person is involved in it, the sooner the culprit is punished, the better it is for the society. Conclusion: Even after the 2013 criminal law amendment, making the existing laws stringent enough to possible deter the perpetrator has less or zero impact on rising graph of rape crimes. Thus, a bottom-up approach is required which has to be back by the efforts of all i.e., media, civil society, NGO’s, activist groups and other institutions to ensure that we will have progressive society that respect sanctity of women.
(The writers are advocates of J&K and Ladakh High Court, Jammu)