Crime against women in India - Causes & Plausible Corrective Actions

In the last few years the media coverage of crime against women and children in India has been on the rise[1]. Reading ghastly stories first thing in the morning is an unpleasant start to the day; only at some point I realize that an unnerving read for me is someone else’s life altering experience. Conjuring up images of these unpleasant headlines and imagining what the victims must have undergone is spine chilling; resulting in emotional and physical responses. These cause agitation, anger and frustration. I can calm my agitated mind and rationalize my anger. However, my frustration needs answers that most believe lie with those in the seats of governance or in positions of law enforcement. Of course those in positions of power and influence are answerable but so is the man on the street.  

In most Asian cultures girls are taught from childhood to be “soft spoken”, not to be overly assertive and not to have strong opinions. All these are supposedly to help them mould easily post marriage. These values by themselves may not be incorrect; however, being imparted to girls in isolation of boys become toxic. On the one hand women are taught to be submissive and on the other hand aggressive and opinionated men are applauded. This is the first step to justifying male ego and superiority[2]. How do authorities take control of this misguidance in families? Should there be laws against such cultural tendencies? This grooming and influence exerted on children from a tender age can only be changed by ordinary citizens and while this is time process to bear fruit over generations, it is a way to ingrain respect and equality.

I am sure none of us are willing to wait another generation for a safer world and why should we! Our children and women have the right to say no and adults and men need to understand that when asked to stop they need to do so. In the immediate future schools and families need to start empowering children to be assertive. Women need to be heard and their wishes respected. The smallest of incidents at work place or in families need to be taken cognizance of. Complaints need to be dealt with seriously.

I recollect an incident a few years ago when at the salon I visit; I felt that the man giving me a head massage was probably over stepping the line (see how I am writing probably. Women are made to think that such incidents could be fragments of their own imaginations). I was uncomfortable and decided to speak to the management. My complaint went unnoticed and then there was another woman who had a similar experience. Even her complaint went unattended and thus to protect my own self-respect I switched salons. In the absence of authorities, this incident could have been dealt with had ordinary citizens stood together. However, we have become a society that accepts dignity infringements as normal. It is not something we deem unacceptable unless it turns into a grave incident.

I believe I should have followed through my complaint and taken it to law enforcement. I did think about it but eventually let the idea drop. The police do not instill confidence in me; on the contrary they scare me away. Our cops are typically not sensitive to complainants of harassment and/or sexual violence[3]. It is incorrect of me to blame them entirely. Given that most of the police force is male[4] and we are a patriarchal society with the above mentioned trends all pervasive; it is not without training and sensitization that cops can be expected to be empathetic to victims of such crimes. While increasing women cops may not solve the problem, there exists some evidence that the higher the police to population ratio and the higher the number of women police stations, the lower the number of incidents of crime against women. This is evidenced by the table below[5].

  Table 1: Overview of State wise data on Police Force and Crime Against Women

State	Population ('000)	Policemen per Lakh of Population	# of Women Police Stations	Women Police Station / Total Population*	Total Crime Against Women / Total Population*	Rape Incidents / Total Population*
Assam	31,089	176.20	1.00	0.003%	3.30%	0.55%
West Bengal	90,471	66.00	0.00	0.000%	2.91%	0.26%
Tripura	3,621	1,012.10	1.00	0.028%	2.91%	0.57%
Rajasthan	67,366	105.40	24.00	0.036%	2.56%	0.27%
Delhi	18,473	448.30	0.00	0.000%	2.37%	0.31%
Andhra	84,333	107.30	32.00	0.038%	2.02%	0.17%
Kerala	35,049	131.10	3.00	0.009%	1.92%	0.32%
Haryana	24,676	179.70	2.00	0.008%	1.81%	0.30%
Gujarat	58,379	110.30	31.00	0.053%	1.36%	0.08%
MP	72,407	104.60	9.00	0.012%	1.25%	0.47%
Orissa	40,926	106.20	6.00	0.015%	1.20%	0.27%
J&K	13,477	541.60	2.00	0.015%	1.18%	0.21%
Chandigarh	1,132	542.70	0.00	0.000%	1.07%	0.24%
Arunachal Pr.	1,238	555.90	0.00	0.000%	0.97%	0.34%
Chhattisgarh	24,632	169.00	4.00	0.016%	0.96%	0.43%
UP	199,898	74.60	71.00	0.036%	0.95%	0.10%
Maharashtra	110,383	124.90	0.00	0.000%	0.94%	0.15%
Karnataka	58,945	138.80	10.00	0.017%	0.90%	0.11%
Himachal Pr.	6,701	200.00	0.00	0.000%	0.90%	0.25%
Mizoram	1,011	1,044.80	0.00	0.000%	0.85%	0.76%
Punjab	27,339	249.90	5.00	0.018%	0.83%	0.18%
Bihar	97,538	64.10	0.00	0.000%	0.82%	0.10%
Uttarakhand	9,850	160.60	2.00	0.020%	0.81%	0.13%
Manipur	2,710	846.40	0.00	0.000%	0.77%	0.20%
Jharkhand	31,035	164.60	22.00	0.071%	0.77%	0.25%
Meghalaya	2,617	386.90	7.00	0.267%	0.72%	0.50%
And & Nic Isl	434	790.60	0.00	0.000%	0.69%	0.30%
Tamil Nadu	67,759	151.00	196.00	0.289%	0.65%	0.10%
Dadar N Hav	284	100.00	1.00	0.352%	0.53%	0.14%
Sikkim	612	642.50	0.00	0.000%	0.49%	0.26%
Goa	1,756	292.50	1.00	0.057%	0.37%	0.17%
Daman & Diiu	201	130.80	0.00	0.000%	0.25%	0.05%
Puducherry	1,121	263.30	3.00	0.268%	0.24%	0.06%
Nagaland	2,257	1,069.80	0.00	0.000%	0.12%	0.10%
Lakshadweep	73	308.20	0.00	0.000%	0.00%	0.00%

If one looks at West Bengal and UP the picture is quite clear. The number of policemen to per lakh population is the lowest (barring Lakshadweep) in the country for these densely populated states. The number of women police stations is appallingly low too and the states contribute 27% of crime against women in the country. This indicates the need to invest more in recruitment and training of police force. Police force in India is a state subject and it is up to state governments to take action. Here the situation is in dire straits. For example, in UP less than 5% of the state’s budget is allocated for police force expenditure and of the total police expenditure only 1.5% is allocated to police training. In West Bengal the figures are 2.78% and 0.51% respectively. Overall in the country, only 1.41% of the police expenditure is allocated to training[6].  It is time that budget allocations per state see some change.

In addition to training and recruitment, there needs to be more transparency and stringency in the way cases of crime against women are handled. From 2009 to 2011 there has been a ca. 13% increase in total number of crime against women cases registered across the country. However, in the same time frame, the case chargesheet rate has decreased from almost 80% to 78% and the conviction rate has come down from 14% to 13%[7]. Chargesheet decrease can potentially be tied with police dissuasion, delays or corruption[8] and conviction has a correlation to evidence providing. Thus the police force needs to be made more accountable to the victims and the system.

Changes in budget and action by governments are determined by willingness of the lawmakers. This willingness on the part of the lawmakers today is subject in most situations that need action on a yesterday basis, across the country.  To see what immediate remedies are provided by the law to victims I went back to my old research and was stunned[9]! The Indian Penal Code was introduced in 1860 and the first amendments to laws relating to rape and sexual assault were effected in 1983; over 100 years later! Post that the only changes made were in 2005 and they related to expediting trials and protecting evidence in case witnesses turn hostile. The IPC has adopted the term sexual assault in place of rape in some acts; however, insensitive practices such as those dictated by Section 155 (4) of the Evidence Act remain intact. This act specifically requires the victim be cross examined in the presence of the accused and that a detail of her past sexual history be noted as well. Just as there was an overhaul to the child sexual abuse laws[10], those pertaining to crime against women must also be modified according to the times. And yes, the cases of heinous crimes against women need speedy action.

According to a report by Law Commission of India over 72.58 lakh (7.258 million) cognizable criminal cases under IPC were pending trials in 2010. Another 48.54 (4.854 million) cognizable criminal cases under Special and Local Laws were pending trial[11].  These point to an overall overburdened judicial system. The delays are due to many reasons, including corruption at police level and a shortage of legal professionals[12]. Thus, maybe we need to set up special courts like juvenile courts to tackle crime against women. Fast track courts are set up to deal with certain incidents which are more severe than the others, which is a temporary solution. A permanent and efficient method needs to be found.  

Reducing the penetration of crime against women is not easy. Neither can it be done in isolation by the system nor the citizens. It has to be a joint effort and an effort that is devoid of excess emotion and anger. It needs to be a rationale and thought through approach to build a society which can take care of its own and also put in threats that are real deterrents.  We are a young nation still and we have a long way to go. If we strengthen our foundation today then we have a secure future, else we will crumble like a pack of cards. As with fight against corruption and lawlessness, the fight to protect our women needs to be fought with objectivity, unity, maturity and pure intent.

Disclaimer: The thoughts presented are solely of the author and not endorsed by any other person, party or affiliate. The sources of data are mentioned to the extent possible. Your thoughts and comments are welcome

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[1]  According to United Nations data, reported cases of rape in India increased ca. 21% from 2004 to 2010 and the cases of child sexual abuse increased ca. 55% over the same time frame

[2] In a study conducted by J Lee of University of Southern Mississippi in 2005, on the attitude of rape: a comparison between Asian and Caucasian students the results of multivariate analyses indicated that Asian students were more likely to believe that victims of rape should be held responsible for the crime

[3] An investigative report jointly conducted by NDTV and Tehelka in 2012 showed that police officers believe that “women are responsible for their rape.”

[4] Total civil and armed police force strength in 2011 according to Bureau of Police Research & Development was 2,064,370 of which only 71,756 were women cops (3%)

[5] Sources: Bureau of Police Research & Development and National Crime Research Bureau

[6] Source: Bureau of Police Research & Development 2011 data

[7] Source: National Crime Records Bureau

[8] Under the criminal procedure code the Magistrate frames the charges. In case of investigations made by the police, in terms of Sec.173 of Code of Criminal Procedure the officer in-charge of the police station shall forward a report in the form prescribed to the Magistrate empowered to take cognizance of the offence. (http://firstappeal.blogspot.in/2007/09/what-is-chargesheet.html). For the same please also refer footnote 11

[9] http://tanushreebagrodia.blogspot.in/2009/01/protecting-and-prosecuting-crime.html

[10] Protection of Children Against Sexual Offences Bill, 2011 was passed into Act in May 2012. This is one step forward and indicates that there probably is some willingness to protect children at least.

[11] http://lawcommissionofindia.nic.in/reports/report239.pdf

[12] http://lawcommissionofindia.nic.in/reports/report239.pdf

So it had to be

...and if it had to break then it must,
For it was not never meant to be whole.
The scattered pieces will infuse the sweetness,
That the selfish hold wanted to keep for its own.

So there it lies, shattered in the dirt;
Let the wind take the crumbs away.

I am paralysed only to watch-
scared to touch,
scarred to hold.
Marred to move,
maimed to speak.
Tuned to defeat;
this was to be.

The Attitude Called Indian Democracy

Democracy has me stumped. I have been trying to figure out what it means for years together now. My inability to do so had me read history, read dictionaries and even put out a poll to my friends with four options hoping that a consensus would lead me to my destination. Nothing helped and I kept thinking and searching till I realized that this seeming endless search was my answer. Democracy is the flexibility of adapting to the times in order to stay the course. It permits that we change gears, alter the pace and even change tracks. All it expects is that we stay the course.

In India we say we celebrate democracy and yet the country is in a flux. Is it because we are not flexible any longer or have we lost our course? I think it is a mix of both.

The politicos and the law makers are an elitist club that has grown accustomed to a comfort zone. With the experience of the most highly placed leaders comes a particular way of doing things. The age separates them from the desires of world’s youngest democratic population. Flexibility is restricted and vision blurred. With the privileges and the inheritance bestowed upon the younger political honchos there is a chasm between their ideas and reality. The course is thus awry but flexibility plentiful to reach the top. Every new idea that can help us as a nation needs to be shaped and implemented by this collective group that evidently is disconnected with majority of the population.

Those who can make a difference are the urban, educated and aware youth. But we seem to be weary already. Not many of us are flexible to join the services (IAS, IFS, IPS etc.) that connect with the common man and shape policy. We are fixated with the private sector, and rightly so, as we want to improve our standard of living. Consequently the services are being staffed with a majority that is there not by choice but by inevitability. We are hesitant in voting and do not believe in the slow process of weeding out the unwanted with our vote. We cry for our rights and demand that we be looked after and yet every day we forget that we have an obligation of honesty, opinion and productive expression to democracy. Thus the onus to shape the nation is on shoulders who are shirking the very responsibility of altering the future of this nation.

In the last few months the Anna Hazare campaign has taken the nation by a storm. He is being credited to the point of paralyzing government policy indecision. People’s emotions, their support and their expression and extrapolation are all first time events for India of this century. I do not support Anna Hazare but I endorse his spirit and salute him for demonstrating to the people of India that one man can indeed make a difference. He has rallied the rural, urban, young, old, rich and poor Indians across religions to gather together and voice their frustration. If he can do it, if Arvind Kejriwal could get us a new law,the why can the honest, educated, well meaning, hard working youth not? People coming together in support of Anna Hazare are from myriad backgrounds but with one desire, to see honest and transparent dealing in all actions of those who are sitting as our representative. All the young working professionals have too many daily triumphs and battles in common which bring us to a common base camp. All that we need to do from here is work hard and together to be able to summit the peak of change.

Every successful summit requires courage, perseverance, guidance and a little bit of luck. We are amongst the world’s youngest countries with the world paying attention to every economic political move that we make. We have an incredibly rich history replete with heroes and role models to provide for inspiration. If we find it within ourselves to learn from our ancestors and positively maneuver the world to focus on us, lady luck will be unable to run away from us. Founders of independent India have left us the incredible legacy of a constitution. A framework that upholds equality, freedom and justice for all; and provides us the guidance that we need to help govern a nation so diverse. Only if we took time to read through it would we know that new laws and agencies are not required. We only need to strengthen the constitution, tweak parts of the Indian penal code, assume responsibility to make the representatives more accountable and to start our climb. Once we find that courage to start and work diligently with perseverance, we will easily summit the change we so eagerly await.

This is a time for India to change. This is a time for Indians to change. This is a time to change our mindset and take responsibility for all actions. We are at the end of the day a 45 year old country. For how long can we keep blaming the 60 pluses in parliament for our woes? Surely if we are smart enough to create an Infosys, win the Grammy and the Oscars, go buy and run Western iconic companies and once in a while even win a cricket World Cup; surely we are able enough to learn the ropes and steer our own nation successfully in the direction of prosperity, peace and harmony. This is the time for the youth of India to awaken and realize that their time to create history has come. We need to show our might in hard work and affirmative action. We need to engage in and explore polity, debate and discuss policy, vote for and veto in twenty first century Indian democracy. We are a great nation and the time has come to prove it. If we cannot change our destiny no one else will.

THEORY OF TRUST AND A POSSIBLE IMPLICATION ON PREVALENCE OF CORRUPTION

Being corrupt implies destroying integrity by being dishonest and tainting the object in question. The object is generally a relationship between an institution (or an officer of an institution) and an individual (a customer or stakeholder of that institution) in most cases. However, corruption also extends to individual relationships and that is in the simple form of trust. Trust is the corner stone of all relationships in my view; be it a parent-child or sibling relationship, friendship, boss-subordinate or peer-peer liaising, a doctor-patient association, state-civilian relationship etc. The presence of trust provides confidence that the individuals/institutions related in the equation will conduct themselves in an expected fashion. When that expected behavioral pattern is altered, uncertainty increases and doubts creep in causing friction in an otherwise agreeable equation.

In my experience and discussions, such encounters of broken trust are becoming increasingly common and frequent across social set-ups. These instances are of also of varieties and intensities. I am told there once was an individual who feigned illness with one friend to be able to go out partying with another set of friends. All was well until the time the friend who was lied to spotted her friend all hale and hearty making merry. No big deal really, but this definitely corroded an otherwise solid friendship especially since the trust was broken for a trivial reason. There are innumerable stories of bosses filling in their own bonus kitties and not fulfilling promises made to subordinates or alternatively unwarranted promotions being granted out of partiality. At the end of the year not only does it lead to heartburn but increases churn rates of employees in an organization impacting the team morale and general foundation of the entity in question. Negligent and unconcerned doctors cause grave damage to lives and the medical profession alike. Spousal mistrust leading to violence and abuse is only on the increase if media is to be believed. The state and the representatives of the state not delivering on their promises is now sadly an accepted part of life in India.

Why the breakdown of trust at individual levels leads to societal and professional discord is quite interestingly illustrated by Roy J. Lewicki’s framework[1] of trust and distrust.

HIGH TRUST characterized by: Hope, Faith, onfidence, Assurance, Initiative	· High-value congruence · Interdependence promoted · Opportunities pursued · New initiatives	· Trust but verify · Relationships highly segmented & bounded ·Opportunities pursued & risks/vulnerabilities continually monitored
LOW TRUST characterized by: No Hope, No Faith, No Confidence, Passivity, Hesitance	· Casual acquaintances · Limited interdependence · Bounded, arms length transactions · Professional courtesy	·Undesirable eventualities expected & feared · Harmful motives assumed · Interdependence managed · Pre-emption, Best offense is good defense · Paranoia
	LOW DISTRUST characterized by: No fear, No Vigilance, Absence of Skepticism, Absence of Cynicism, Low Monitoring	HIGH DISTRUST characterized by: Fear, Vigilance, Skepticism, Cynicism, Wariness, Watchfulness

If we were to assume a starting point, it may be fair enough to say that most relationships start in the quadrant of Low Trust – Low Distrust(1). There is little expectation from the involved parties of one another. However, a society largely prevailing in this mode is prone to be inefficient given the limited interdependence.

From this quadrant, the relationship in the best case scenario moves to the quadrant with High Trust – Low Distrust (2). Entities and societies in this mode are more likely to be very proficient, cohesive and with a higher quotient of well being as they are most prone to resolving conflicts arising due to trust issues[2]. With a high trust factor and a low distrust factor there is a higher likelihood of people not wanting to destroy integrity. Once that integrity is broken the relationship moves into a place which has the presence of High Distrust. It will be unfair to assume that with one instance of broken trust the relationship cascades into the least desirable quadrant of Low Trust – High Distrust (4).

Taking the case of the friend sighted above and that of professional environments, it is likely that from quadrant 2, the relationship first transgresses to High Trust – High Distrust quadrant (3). If repeated interactions lead to situations where the expected behavioral patterns are altered and/or dishonesty pursues, then the relationship is doomed for quadrant 4. In this environment interactions are fairly guarded, conversations monitored, information exchange not optimal and there are significant inefficiencies in the system.

If I take the context of the urban Indian environment today we are in the High Distrust quadrants. With the state, the relationship of the civilians is in the least desirable quadrant 4. In the case of urban middle class amongst themselves, in my view we are in quadrant 3. There are too many expectations that are laid on people in personal contexts and when these are not met with, the situation is of quadrant 4. This partly explains, in my view, the rising spousal violence, killings of employers (unorganized sector) etc. In the true professional environment money is becoming a key motivating factor and that in the environment of recession if monetary payments are not met there is severe corrosion of trust. Thus at work we are shuttling between quadrants 3 and 4. There are fewer people who trust in the “goodness” of another individual or institution.

Thus, in my view, whether we eradicate corruption or not is dependent on whether we can restore trust and eradicate distrust. If we can at least lower the prevalence of distrust, we will be able to move towards creating an environment where dishonesty is lower. Lower dishonesty will promote trust. There is a chance then that we may be able to create an environment of existence are quadrants 2 and 3. Whether, the Jan Lokpal bill, can achieve this aim, I remain skeptical! Not because of lack of trust or dominance of distrust, but because I do not believe centralization of an issue is an efficient means of arriving at a resolution.

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[1] Ref: A Cognitive Theory of Trust, Hill & O’Hara

[2] Lewicki et al., A Cognitive Theory of Trust, Hill & O’Hara