Why Does Justice Take Decades? Why Doesn't Have Strict Laws Against Rape Culprits

Why Does Justice Take Decades? Why Doesn't Have Strict Laws Against Rape Culprits

Why Does Justice Take Decades? Why Doesn’t Have Strict Laws Against Rape Culprits

India, despite having a comprehensive legal framework to address sexual violence, continues to face significant challenges in providing timely justice to rape victims. The complexity of the legal system, societal attitudes, and administrative inefficiencies contribute to the prolonged legal processes and perceived leniency towards perpetrators. This report explores the reasons behind these challenges and examines real-life examples that highlight the need for urgent reforms.

India’s legal system has several laws designed to protect women from sexual violence, including the Indian Penal Code (IPC) sections 376 (punishment for rape) and the Protection of Children from Sexual Offences (POCSO) Act. Following the infamous 2012 Delhi gang rape case, also known as the Nirbhaya case, the Criminal Law (Amendment) Act, 2013, was enacted, introducing stricter penalties for sexual crimes, including the death penalty in extreme cases.

Despite these legal provisions, several factors contribute to delays and inadequacies in the justice system:

  1. Overburdened Judiciary: India’s courts are overwhelmed with pending cases. As of 2024, there are over 40 million cases pending in Indian courts, with rape cases forming a significant portion of this backlog. This results in prolonged trials and delayed justice.

  2. Investigation Delays: Inefficient police investigations, often hampered by a lack of resources, training, and sometimes corruption, lead to weak prosecution cases. This further delays the legal process and undermines the chances of conviction.

  3. Societal Attitudes: Societal stigma and victim-blaming discourage many victims from reporting rape. In many cases, victims face pressure to withdraw complaints or settle out of court, which affects the course of justice.

  4. Legal Complexity: The Indian legal process is complex and time-consuming, with multiple stages of appeal that can extend the duration of a case for years, even decades.

Real-Life Examples

  1. Nirbhaya Case (2012): The brutal gang rape and murder of a 23-year-old woman in Delhi led to nationwide protests and legal reforms. However, despite the fast-track court system, it took over seven years for the final verdict and execution of the convicts in 2020, highlighting the inefficiencies in delivering swift justice.

  2. Unnao Rape Case (2017): A teenage girl was raped by a then-sitting Member of the Legislative Assembly (MLA) in Uttar Pradesh. The case faced numerous hurdles, including threats to the victim and her family, delay tactics by the accused, and political interference. It took over two years for a conviction, with the sentencing in 2019.

  3. Kathua Case (2018): An eight-year-old girl from a nomadic community was raped and murdered in Jammu and Kashmir. The case drew international attention due to its communal undertones and the initial attempts to protect the accused. The trial concluded in 2019, with life sentences for three of the convicts, but the delay in justice and attempts to hinder the investigation were evident.

  4. Bilaspur Rape Case (2014): A 20-year-old woman was gang-raped in Bilaspur, Chhattisgarh, and it took six years for the case to reach a conclusion. The lack of forensic evidence and the inefficiency of the police investigation led to an extended trial period, finally resulting in a conviction in 2020.

  5. Mumbai Shakti Mills Case (2013): A photojournalist was gang-raped in the Shakti Mills compound in Mumbai, which led to widespread outrage and calls for stronger legal action. While the fast-track court sentenced the accused to death within a year, the appeal process dragged on, showcasing the challenges in the system despite fast-track mechanisms.

  6. Hathras Case (2020): A 19-year-old Dalit woman was brutally assaulted and raped in Hathras, Uttar Pradesh. The incident sparked national outrage due to the delayed response by authorities and the handling of the case, including the controversial late-night cremation by the police. The trial is ongoing, with significant delays due to political and social pressures.

Calls for Reform

The delays and challenges in delivering justice for rape victims have led to widespread calls for reform:

  • Fast-Track Courts: Expanding and effectively implementing fast-track courts dedicated to handling rape cases could help reduce the backlog and ensure quicker trials.

  • Police Reforms: Improving police training, resources, and accountability can enhance the quality of investigations and strengthen prosecution cases.

  • Public Awareness: Increasing public awareness about women’s rights and reducing societal stigma can encourage more victims to come forward and seek justice.

  • Legal Reforms: Simplifying legal procedures and reducing the scope for lengthy appeals can help expedite the judicial process.

Conclusion