By 
22-08-2024
Marina Sáenz
South and East Asia Researcher,
Global Human Rights Defence.
The brutal rape and murder of a 31-year-old trainee doctor in Kolkata has ignited a wave of protests across India, as the nation grapples with yet another horrific act of violence against women. The young doctor, found dead at R.G. Kar Medical College on August 9th, has become the latest symbol of the country’s ongoing struggle with gender-based violence, prompting widespread outrage and demands for justice. In the wake of the crime, doctors and paramedics in several cities have taken to the streets, suspending non-emergency services to protest the lack of safety in their workplaces. The incident has not only shaken the medical community but has also reignited the national conversation on the pervasive issue of sexual violence, drawing attention to the persistent failures in safeguarding women despite stringent laws and repeated calls for action. As the investigation unfolds, India finds itself at a crossroads, confronting the deep-rooted cultural and systemic challenges that continue to endanger women in all walks of life.
Sexual violence in India remains a pervasive and deeply entrenched issue, despite significant legal reforms and increased public awareness. The country witnessed a major turning point in 2012 with the brutal gang rape and murder of a 23-year-old student in New Delhi, an incident that shocked the world and led to widespread protests demanding justice and systemic change. In response, the Indian government introduced tougher penalties for sexual crimes, including the establishment of fast-track courts and the amendment of rape laws to criminalise stalking and voyeurism. However, despite these efforts, the National Crime Records Bureau reported 31,516 cases of rape in 2022 alone, marking a 20 percent increase from the previous year. These statistics, alarming as they are, likely underrepresent the true scale of the problem, as many incidents go unreported due to the stigma surrounding sexual violence and a general mistrust in law enforcement. In rural areas, the situation is particularly dire, with victims often silenced by community pressure and concerns over family honour. Although the legal framework has evolved, the implementation remains inconsistent, and cultural norms continue to hinder progress, leaving women vulnerable to violence and exploitation across the country.
Analysing sexual violence in India through a human rights lens reveals significant breaches of women’s fundamental rights, including the rights to life, dignity, personal security, and bodily autonomy. These rights are enshrined in several international treaties to which India is a party, such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Article 6 of the ICCPR guarantees the inherent right to life, while Article 9 ensures the right to personal security. The persistent incidents of sexual violence in India, exemplified by the recent case in Kolkata, illustrate a profound failure to uphold these rights, endangering the lives and safety of women nationwide. Additionally, Article 1 of the UDHR and Article 3 of the ICCPR affirm the right to dignity and personal security, which are severely compromised by acts of sexual violence. CEDAW, particularly Article 12, underscores the importance of protecting bodily autonomy and ensuring that women can live free from violence and coercion. The systemic failure to address and prevent sexual violence thus constitutes a grave infringement of women’s rights to bodily autonomy and dignity.
The recent case of sexual violence in Kolkata has brought to the forefront severe deficiencies in India’s response to such crimes. The violation of fundamental rights, including dignity and bodily autonomy, underscores a pressing need for systemic reform. As the nation grapples with this tragedy, it is crucial for both government authorities and civil society to intensify efforts to address these issues. Strengthening legal frameworks, enhancing safety measures, and fostering a culture of respect and equality are essential steps towards ensuring justice and protecting the rights of all individuals. Only through comprehensive action can India hope to restore the dignity and safety that every citizen deserves.
Sources and further reading:
Bikas Das. (August 15 2024). A trainee doctor is raped and killed in India, sparking unrest. ABC. Accessed August 28th, 2024. https://abcnews.go.com/International/wireStory/trainee-doctor-raped-killed-india-sparking-protests-attack-112854887
Comments