‘Hang the Child Rapist!’, But Will It Help Stop Rapes In India?

Data shows that stringent punishment for rape has proved to be counter-productive in India’s fight to deter rapists.

Since Nirbhaya, the conviction rate in rape cases dropped, even though the number of cases reported went up.

(Photo: The Quint)

‘Hang the Rapists’ is a popular demand that recurs every time a gruesome enough incident catches the media’s attention.

Case in point, the Kathua rape case where an 8-year-old girl was abducted, sedated, gang-raped, strangulated and bludgeoned to death.

The government has now passed an ordinance that gives the death penalty to a rapist convicted of assaulting a female victim younger than 16 years old.

And while one can understand the need to assuage the rage, do you really think hanging the rapists will stop the rapes?

In the aftermath of the 2012 Nirbhaya gangrape case, we saw a similar reaction from the government. Among some positive amendments like broadening the definition of rape and redefining consent, the government also prescribed a minimum seven-year punishment for convicted rapists.

But it proved to be counter-productive.

In fact, crime records data shows that since Nirbhaya, the conviction rate in rape cases dropped, even though the number of cases reported went up.

This is because our laws are tailor-made knee-jerk political reactions to only the most gruesome cases like Nirbhaya in 2012 and Kathua in 2018 – which result in everyday tragedies going un-noticed, un-punished.

And the victims of these everyday cases are primarily children.

In 2016, 18,862 cases of rape were registered under the Protection of Children from Sexual Offences Act.

But the conviction rate was a mere 28 percent. This is also explained by the fact that in 95 percent of the cases, the perpetrator was known to the victim

According to activists and lawyers who work with rape victims, stringent punishment – the minimum seven years and now the death sentence in case the victim is below the age of 16 – increases the probability of the victim turning hostile.

According to a study conduced by the National Law School of India in five states, the victim turned hostile when the accused was a step-father, father, neighbour, teacher or a relative.

The study also found that the child-friendly POCSO Act was not followed in spirit which resulted in traumatising the child even more and pushing them farther away from the judicial system.

The fact that a witness protection system does not exist in India means that rape victims have little or no support from the government.

So, What Is the Solution to India’s Rape Problem?

1. Money
An analysis of the Union Budget by CARE India shows that the annual allocation and expenditure has hovered around only Rs 1,000 crore in 2017-2018. In 2018-2019, it has gone up to Rs 1,376 crore which translates to approximately 29 rupees per child per year only. The main cause for worry, the report reads, is that child protection as a focus area has not received the attention of policy makers and financial planners.

2. Raising the conviction rates
This can be achieved by a police force that’s been educated, counselled and sensitised to rape victims. Only 4 out of 10 cases actually get reported. And even those that do get dropped due to a hostile police attitudes, intrusive forensic examinations or shoddy investigations.

3. Adequate judiciary
Further, by increasing the number of courts, judges and prosecutors could mean a faster judicial process which could help prevent the accused from getting the time to bribe witnesses and intimidate the victims.