In the past decade, India has witnessed a distressing pattern of sexual violence that has shocked the nation and the world. From the horrifying 2012 Nirbhaya case to the recent rape and murder of a trainee doctor in Kolkata, these incidents highlight the pervasive and persistent nature of sexual violence in the country. In spite of significant legal reforms and high-profile convictions, the crisis shows no signs of abating, raising critical questions about the effectiveness of harsh punishments as a deterrent.

The 31- years old female Postgraduate trainee doctor in Kolkata has once again underscored the severity of the situation. The young woman was found dead after a night shift at RG Kar Hospital, her body bearing clear signs of rape and severe injuries. Initially, the hospital administration attempted to label the incident as a suicide, but postmortem reports revealed the grim reality of rape and murder. This case is a stark reminder that sexual violence can occur even in supposedly secure environments, perpetrated by those who are trusted with the safety and care of others.

The Kolkata High Court's decision to transfer the investigation to the Central Bureau of Investigation (CBI) reflects the deep mistrust in local law enforcement, a recurring theme in many such cases across India. The incident also raises troubling questions about institutional complicity, as initial attempts to cover up the crime suggest a deliberate effort to shield the perpetrators.

India's response to sexual violence has often centered on punitive measures. The Nirbhaya case, in particular, led to sweeping changes in the criminal justice system, including the introduction of the death penalty for certain types of rape. The four men convicted in the Nirbhaya case were eventually hanged, an outcome that was seen by many as a long-overdue act of justice. However, the persistence of such brutal crimes despite the threat of capital punishment suggests that harsh penalties alone are not sufficient to curb sexual violence.

In cases like the Hyderabad gang rape and murder (2019) and the Kathua case (2018), public outcry demanded severe punishment for the perpetrators, yet these incidents continue to occur with alarming frequency. The reality is that many factors contribute to the prevalence of sexual violence in India. Patriarchal norms, deep-rooted misogyny, and caste-based discrimination all play a role in perpetuating a culture where women are often viewed as inferior and expendable. While harsh punishments may serve as a form of retribution, they do little to address these underlying societal issues.

The Kolkata rape and murder case is just one in a long line of brutal incidents that have exposed police failures. From the Jisha rape and murder case in Kerala (2016) to the Hathras gang rape and murder in Uttar Pradesh (2020), there is a pattern of delayed investigations, tampered evidence, and attempts to protect the powerful. The Unnao rape case (2017), where a politician was accused of raping a 17- years old girl, starkly demonstrated how those in positions of authority can manipulate the system to evade accountability.

Even when convictions are secured, justice is often delayed. Victims and their families are forced to endure years of legal battles, often facing intimidation and threats along the way. This slow and painful process erodes public trust in the legal system and reinforces the perception that justice is out of reach for ordinary citizens.

To effectively combat sexual violence in India, the focus must shift from punitive measures to comprehensive systemic reforms. While harsh punishments may offer a temporary sense of justice, they do not address the root causes of the problem. Instead, efforts should be directed toward creating an environment where such crimes are less likely to occur in the first place. One critical area for reform is law enforcement. The police force in India is often criticized for its inefficiency, corruption, and lack of sensitivity in handling cases of sexual violence. Comprehensive police reforms are needed to depoliticize law enforcement, improve investigative practices, and ensure that cases are handled with integrity and transparency.

Written By: Ummer Mehmood, Student of LL.M (AMU)