India’s fight against crimes against women has been punctuated by several pivotal moments. From the 2012 Delhi gangrape that sparked nationwide protests to the #MeToo movement in 2018, the wrestlers’ protest in 2023, and the recent rape-murder in Kolkata, each incident has reignited public outrage and demands for stricter laws, often including calls for the death penalty. While these moments of reckoning have brought the issue to the forefront, the struggle to eradicate violence against women persists across all sectors – civic life, business, entertainment, and politics.
Legislative efforts to curb sexual violence have been made. The Criminal Law (Amendment) Act of 2013, passed in the wake of the 2012 Delhi gangrape, aimed to strengthen laws against sexual assault. The same year saw the introduction of the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, or PoSH Act, to protect women from workplace harassment. However, over a decade later, the effectiveness of these laws remains questionable. Economist Mitali Nikore, specializing in gender issues, points out that while policies exist, the key challenge lies in allocating adequate resources for their proper implementation. Even the Supreme Court has expressed concern over “serious lapses” in enforcing the PoSH Act.
Raising awareness about women’s rights has empowered more women to speak out against workplace harassment. However, the resolution of these cases has not kept pace. An analysis by the Centre for Economic Data and Analysis at Ashoka University examined 300 National Stock Exchange-listed companies and found that only 81 reported any cases of harassment in 2022-23. The problem extends beyond corporate settings. Following the wrestlers’ protests, investigations revealed that 16 out of 30 national sports federations in India had failed to establish an internal complaints committee (ICC) as mandated by law. For women in the informal sector, such legal protections are even more elusive.
The recent rape and murder of a trainee doctor at a hospital in Kolkata sparked a unanimous response from the West Bengal state assembly, passing legislation that introduced mandatory death sentences for rapes resulting in death or permanent injury. While high-profile cases often trigger legislative action, as witnessed after the 2012 Delhi gangrape, underreporting of cases and weak enforcement of existing laws remain persistent issues. According to the National Crime Records Bureau (NCRB), nearly 450,000 cases of crimes against women were recorded in 2022, encompassing rape, murder, dowry deaths, abetment to suicide, acid attacks, and cruelty by husbands and relatives. While crime rates vary across states, lower reported cases may not necessarily reflect lower crime rates but rather a lack of confidence in the legal system among survivors. Delhi recorded the highest crime rate at 1,444 per million, compared to the national rate of 654 per million, but experts suggest this may be partly due to more women coming forward to report incidents.
The partial release of the Justice Hema Committee report, investigating sexual harassment and gender discrimination in Malayalam cinema, is seen as a significant step towards addressing widespread exploitation within the industry. The report’s findings triggered mass resignations of leading stars from a prominent artistes’ association and intensified calls for a similar report in the Telugu film industry, which has been delayed for two years. While regional cinema is making slow progress, many cases in the Hindi film industry have been swept under the rug.
The burden of crimes against women extends beyond physical harm. Women often face restrictions in their daily lives, from returning home before dark to spending more on transportation for safety or even quitting their jobs to avoid harassment. As justice remains elusive, many women globally are hesitant to report non-inclusive behaviors, such as microaggressions, due to fear of career repercussions. A Deloitte survey found that only a small fraction of women feel confident they can report such incidents without negative consequences. These reporting gaps, coupled with fears of career repercussions and workplace judgment, often deter women from disclosing incidents of sexual misconduct. While women’s professional opportunities have expanded, India still has fewer working women compared to other populous countries. Studies suggest that poor female workforce participation has been exacerbated by fear of violence. A 2022 study by Zahra Siddique found that increased media reports of sexual assaults in a woman’s local area significantly reduced her likelihood of working outside the home. A discussion paper by IZA Institute of Labour Economics indicated a decrease of about 9.4% in female workforce participation for every additional crime per 10,000 women.
Given the pervasiveness of crimes against women across all societal segments, passing legislation alone cannot solve the problem. The issue is further compounded by the involvement of elected officials. A recent analysis of 4,693 lawmakers revealed that as many as 150 sitting members of Parliament and state legislative assemblies have declared cases related to crimes against women. Ensuring women’s full participation in public life without fear will require not just better laws, but their rigorous enforcement, along with shifting the burden of responsibility for such crimes from women to the perpetrators.
