Justice Beyond Professions: Addressing Violence Against Women

Author : Rahul Prasad, Campus Law Centre, University of Delhi

Posted on : 27,Aug,2024

Justice Beyond Professions: Addressing Violence Against Women

What happened in Kolkata was not just an attack on doctors but an attack on a women. Rape does not happen because someone is a doctor, it happens because they are women. After this incident, The doctors rightly erupted in protest and everyone else joined in but as more doctors in Nationwide got involved, it became more about doctors safety rather than the safety of women.

 

The supreme court has now intervened focusing on the safety of doctors. A task force has been established to suggest what need to be done for the safety of doctors, particularly the female Doctors. I don’t deny the importance of their safety-especially given the violence faced by them in public hospitals, but for me a female doctor’s safety is equally to any other women. Which includes the safety of female doctors.

 

There are pressure groups present in our society in our country, such as  Doctors, Advocates, Pilots etc. However there are many ordinary people who don’t have their pressure group, who will ensure their safety, how they will get justice? Is this first time a rape and a murder have occurred? So why not Supreme Court taken suo moto action then, may be we could have saved her.

 

We must understand very clearly that the issue is fundamently related to the safety of women and violence against women. We often deviate from the main issues, sometimes focusing on Hindu, Muslim and this time on Profession.

The real focus should be on women whether they are 5 years old or 60 years old, whether they are working professional or not, whether they live in urban or rural areas, whether they are Hindu, Muslim, Dalit or non- Dalit. We constantly get distracted from the main issues.

The Supreme Court should focus on the Broader issues of women’s Safety. We often talk about making harsh/strict laws and punishing severely, but do we really need more harsher laws or we need better implementation of existing one? If we create more harsher law, now what will happen? The offender who used to give 2 lakhs to police now offer 5 lakhs to escape. Our focus has always been on creating harsh law but that’s not solution.

Chief justice of India said we can’t wait for another rape and while he was speaking during that time only rape were happening in many part of our country (Maharashtra, Dehradun). If 90% of offenders will be punished we will see 90% reduction in violence, though it won’t eradicate completely. We have example where most of the offender gets bail/discharged and unless we ensure consistent and strict implementation of laws, this will continue.

We need a combined efforts from the central and state governments to tackle this problem, similar to how NITI Ayog ang GST council cooperate together. Supreme Court is making task force, but Government should also create one. They should keep data, monitor control rooms across the country, and track progress over the next 5 yeas. Police reform, police training, a mechanism to stop violence against women. We have seen amendment in laws after 2012 Nirbhaya Rape case, entire provision of Section 375 (which defines RAPE) of Then Indian Penal Code and now Bhartiya Nyay Sanhita 2023, got changed and  widened the scope of Rape. A Separate Nirbhaya fund of Rs.1000 crores were created, but as of 2019 states like Maharashtra, Tripura, Tamil Nadu, Manipur, West Bengal, Gujrat and NCT Delhi used less then 5% of their allocated funds and none of states utilizing more then 50%. We should take all the measure to protect our doctors and medical staffs but we have to look in bigger picture. According to me in Kolkata case and many other such case, its mainly the failure of Executive particularly law enforcement Agency (Police).

 

I have full trust and confidence that in the coming time, our executive will awaken to the reality and through combined proactive measures women’s safety will no longer remain a significant concern in our Society.


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