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The recent rape and murder of a trainee doctor in Kolkata have reignited nationwide concerns about women’s safety in India. Instances of sexual violence have been rising, despite existing legal provisions. This alarming trend highlights deep-rooted issues such as patriarchy, cultural norms, and ineffective law enforcement. Tackling this menace requires a comprehensive approach that combines legal reforms, awareness programs, and technological innovations to ensure safer spaces for women across the country.

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Reasons for Increasing Instances of Sexual Violence Against Women in India

• Patriarchal Norms: Deep-rooted patriarchal attitudes continue to perpetuate the belief that men hold control over women’s bodies, contributing to the normalisation of violence.
  For example: National Family Health Survey (NFHS-5) revealed that nearly one-third of women aged 15-49 in India have experienced some form of violence.
• Weak Law Enforcement: Lack of swift action and police accountability often delays justice, emboldening offenders.
  For example: According to the National Crime Records Bureau (NCRB) 2022, there is a significant backlog in court cases related to sexual offences, leading to delayed justice for victims.
• Cultural Silence: Social stigma around sexual violence forces many victims to remain silent, as reporting the crime could lead to victim-blaming or social ostracization.
  For example: Studies show that only 10-15% of sexual violence incidents are reported in rural India due to the fear of community backlash.
• Inadequate Education: Lack of comprehensive sex education contributes to widespread ignorance about consent and gender equality, promoting a culture where violence is normalised.
  For example: The Ministry of Health has highlighted the absence of structured sex education in most Indian schools, emphasising the need for reforms.
• Internet and Media Influence: Increasing exposure to violent and misogynistic content on the internet and media platforms contributes to toxic masculinity and encourages aggressive behaviour toward women.
  For example: Studies by Internet Freedom Foundation (IFF) show that a rise in online harassment cases coincides with exposure to harmful online content.

Existing Legal Provisions Regarding Sexual Violence Against Women

• Section 63 of Bharatiya Nyaya Sanhita (BNS): Defines rape and specifies the punishment, setting the framework for criminal justice against sexual offenses.
  For example: The Criminal Law Amendment Act, 2013 broadened the definition of rape to include non-penetrative offenses and ensure stricter punishment.
• Protection of Women from Domestic Violence Act, 2005 (PWDVA): Provides legal recourse for women suffering from domestic abuse, including sexual violence within marriages.
  For example: This act allows women to file for protection orders and seek remedies for physical and sexual abuse.
• The Sexual Harassment of Women at Workplace Act, 2013: This law seeks to protect women from sexual harassment in workspaces by establishing redressal mechanisms.
  For example: Every organization is mandated to have an Internal Complaints Committee (ICC) to address complaints of sexual harassment.
• The Protection of Children from Sexual Offences (POCSO) Act, 2012: This law criminalizes sexual violence against minors, offering speedy trials and child-friendly investigation processes.
  For example: The Act includes provisions for in-camera trials and prohibits the disclosure of the victim’s identity to protect their dignity.
• Criminal Law (Amendment) Act, 2018: Introduced stricter penalties, including capital punishment for rapes of children under 12 years and fast-tracking trials for sexual offenses.
  For example: Following the Kathua and Unnao rape cases, this amendment aimed at ensuring swift justice in cases of aggravated sexual offenses.

Innovative Measures to Tackle Sexual Violence

• Community Awareness Programs: Introducing community-driven programs to educate individuals about consent and gender equality can address cultural stigmas and empower women to speak out.
  For example: Initiatives like “Beti Bachao, Beti Padhao” have been successful in promoting gender sensitivity and reducing gender bias across India.
• Mandatory Gender Sensitization Training: Ensuring police personnel and judicial officers undergo gender sensitivity training can improve the way they handle cases of sexual violence.
  For example: The Bureau of Police Research & Development (BPRD) has initiated programs to enhance gender sensitivity in police forces.
• Use of Technology: Implementing digital platforms like apps for reporting sexual harassment in real-time could provide women a safer and quicker way to report incidents.
  For example: Apps like “Himmat” by Delhi Police enable women to seek help immediately during an emergency.
• Specialized Fast-Track Courts: Establishing more fast-track courts dedicated to handling sexual violence cases can ensure swift justice.
  For example: Following the Nirbhaya case, the government set up 1,023 fast-track courts across the country to handle pending sexual violence cases.
• Comprehensive Sex Education: Introducing age-appropriate sex education into the national curriculum could help create awareness about consent, gender equality, and respect for women’s rights.
  For example: The National Curriculum Framework (NCF), under the NEP 2020, recommends including sex education in schools to foster respectful attitudes towards women.

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The increasing instances of sexual violence in India call for a multi-dimensional approach combining legal reform, societal change, and technological innovation. While current laws provide a strong framework, their effective implementation and awareness-building measures remain crucial. Addressing this menace requires collective efforts from all stakeholders, including government, communities, and educational institutions, to create a safer environment for women in India.

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