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High time to Move beyond Politicking on Rapes in India

-By Bobby Luthra Sinha

Three Kinds of Response to Rape in India: Political Sensationalism, Media’s TRP obsession, Personalised Vigils

Women and men in India are deeply impacted in their everyday relations and interactions over the rampant manifestations of rapes and other crimes against women. Some of these are of followed by the insensitive bolstering of news and others give rise to repeated political noise around these incidents all for the sake of power politics instead of justice to the deceased/ victims or rehabilitating the survivors, their kith and kin.  There has been an intensifying inclination to manipulate responses to rape especially   since 2012. Rape cases are often handpicked and projected with a dubious protest politics often joined in large numbers by people not concerned in making women safe in India or India safe for women.

However, this is not surprising.  Of late rape and crimes relating to terrorism, caste and race, I argue in my work, – have a gimmick value larger than their individual occurrences  (See, https://www.taylorfrancis.com/books/mono/10.4324/9781003507567/social-movements-imagine-bobby-luthra-sinha),  often occupy the prime concerns of politicians and media for various kinds of mileage  in countries such as India and South Africa.  The media, often referred to as the fourth pillar of democracy, has a critical role in holding institutions accountable. However, Indian media, especially television news channels, have devolved into a platform for sensationalism rather than responsible journalism. In rape cases, in place of focusing on the survivors’ rights, the need for swift justice, or the systemic failures that allow these crimes to persist, media outlets seem more interested in fanning political controversies.

In contrast to political polarization and questionable role of media, lies the response of the everyday person and affected families. These people may organize themselves to carry soulful and bereaved protests that include candle light vigils and sloganeering for justice. In their quest for closure and clarity, the participants to such protests search for visceral, very basic answers and action. Why was the crime enacted, who are the people behind it and what was their motive, who covers them up and why are there administrative lags in  political decision making, securing criminal evidence and expediting justice in such cases? The brutally enacted RG Kar rape case, which seems to be a punitive and motivated gang rape, in this sense is no different for we see it has lived through each of these three aspects while contributing a new element by insisting on televised talks with the CM.

Slander, Insensitivity and Gherao Galore while Rapes carry on

In a televised coverage of the RG Kar rape case related protest and acrimonious gherao by the BJP workers and politicians, a clip of BJP leader Sajal Ghosh climbing the police barricades was played repeatedly in the news on September 9, 2024.  The NDTV Ground Reporter at the DC North Office (Kolkata), laughingly requested the leader ‘Sajalda, Hindi mein’ (Sajalda in Hindi) stressing a hint of familiarity with the leader after which the leader did utter a few Hindi words for the national news, while literally hanging off the barricade. What does such insensitivity and ruckus serve for posthumous justice to the rape victim and safety of women in India?  

Perhaps for the political opponents of the ruling CM of West Bengal, this is not a rape protest after all. They want her to resigns by desperately arguing that under Mamta Banerjee’s rule women are no longer safe in Kolkata.  Where exactly and under whose governance are women safe in India anyways? Gory and perversely executed rapes are on repeat mode in India in every conceivable place, – from temples to streets. Some the most shocking and ‘reported’ rape cases are during August 2024 and September 2024 are testimony to this dark reality: Ujjain  rape executed and filmed in middle of a busy street, Ayodhya Temple gang rape case,  Srinagar Indian Air Force (IAF) officer rape case and  Tripura rape case of a class V student returning from school. In fact India lodges an average of 86 rape cases daily according to a NCRB database on ‘Crimes in India 2021’.

Rape and its Socio-Political Overburdens for Indians

Says activist, political observer and feminist scholar Sheba Aslam Fehmi, “How can we get away by talking about rape alone? Rapes happen with impunity in a very criminalised New India’s Viksit Bharat mode wherein the Hindu Rashtra openly rewards the virile masculinity of rapists. The 11 convicts, sentenced to life imprisonment in Bilkis Bano rape case, were released by the Gujarat government in 2022 under its infamous remission policy.  This year (2024), the dreaded Godman and rapist Ram Rahim was granted parole on India’s Independence Day. What is the message that goes out here?  Rape is however, only one part of the India’s crime scenario.  We Indians have witnessed momentous rise in various kinds of crime all around us”.

Undeniably true. This forces me to reflect, ‘Have we internalised these crimes or become immune to them? Alternatively, are we scared to sort this mess out and resort instead to selective outrage? Perhaps rape is a ‘safe crime’ to denounce the system for political gains?   Domestic violence and crimes against women abound in our society. Kidnapping, child trafficking, homicides, honour killings; repressive crimes against Dalits, Adivasis and minorities continue to plague the nation.  Since 2014 our politics has taken a super repressive and tortuous turn for farmers, activists, students, writers, youth, human rights workers and the naysayers of Hindu Rashtravad.

As Fehmi says, in today’s India where the mentality of ‘Apunich Bhagwan hai’ (I am God)  by a religious majority rules the roost, crimes and violence  against women have to be read in tandem with  the proliferation of other crimes. For instance,   lynching, other forms of voyeuristic hate politics, Gau Rakshak vigilantism, control freaking and challenging the wellbeing of minorities and vulnerable people is the new normal in India.

Masculine fantasy around crime has joined hands with a communal political imagination since the past decade in India. Add to this – unlawful and illegal political detentions and imprisonments, fake encounters, murders and gagging of journalists, riots, and what have you. We have an obnoxious cauldron of crime brimming and boiling to the full.

With respect to Rapes, such a scenario carries three inter-related impacts for us as a society:

First it delays and confounds the processes of justice;

Next it almost normalises the insensitivity around the issue by flouting the doctrine of anonymity that families and affected individuals require for optimal healing and;

 Finally, the malevolent rancour that now accompanies rapes in India  hinders, if not defers, the courageous endeavours of  real advocacy undertaken by ground -based organisations and lawyers for affected individuals, families  and communities.

India is undergoing a collective social worry, angst and disbelief over how media and governmental publicity houses give extensive coverage to – politicians and dubiously organised mobs- playing a blame game over rape to settle partisan scores.  Rather than guiding them to focus on solving rape and its related crimes emanating from systemic anomalies and failures, news channels, agencies and social media sources are themselves drowned in the din that follows this politicization of rapes.

Rape: A National Crisis, Not a Political Hot potato

Far from being a partisan issue, rape is a national crisis. When a rape case emerges, many Indian politicians, irrespective of party affiliations, turn this grave issue into a no-holds -barred political squabble. That citizens are embarrassed and ashamed of such a behaviour is to say the least about how we feel as men, women, youth, children and the elderly.

Irrespective of the state in which a rape case occurs, the systemic narrative shifts from justice to political mudslinging. Such a reduction of the deplorable crime to a contest between the ruling party/parties and opposition leads to the hijacking of the real issue of accountability, thanks to corruption and political opportunism.

A disturbing example of this occurred during the bone chilling  2012 Nirbhaya case in Delhi, where the country witnessed widespread protests and calls for justice. While the incident triggered national outrage, it also became a political battleground of the opposition against the ruling government. Politicians from all sides sought to use the tragic case to discredit one another rather than ensure swift justice. Media outlets, especially the news agencies, instead of focusing on institutional failures or proposing reforms, provided a platform for political figures to engage in finger pointing.

 The Political fact-file around some prominent rape crimes since  2012 in India:

Incident Politicians Involved Blame Game Tactics Impact on Justice Process
Nirbhaya Case (2012) Central Government vs. Delhi Government Both governments accused each other of negligence and poor law implementation. Instead of systemic issues of policing and safety focus shifted to political rivalry.
Unnao Rape Case (2017) BJP MLA Kuldeep Sengar vs. Opposition The accused was a sitting BJP MLA. Opposition targeted the ruling BJP for sheltering criminals, while BJP remained largely silent initially. Focus on political protectionism. Delayed arrest and slow judicial process.
Kathua Rape Case (2018) BJP vs. Congress  

BJP leaders defended the accused, turning it into a religious issue, while Congress attacked BJP for communalizing the case.

Delayed investigation, communal and political narratives galore overshadowing the crime.
Hathras Rape Case (2020) UP Government (BJP) vs. Opposition (Congress, TMC)  

UP government accused the opposition of using the case for political gain. Opposition criticized the government for mishandling the case and covering up facts.

Distracted public and media attention from the investigation and justice for the victim.
Badaun Rape Case (2021) UP Government vs. Opposition (SP, Congress)  

Ruling government accuses the opposition of politicizing the issue for votes. The opposition blamed the government for failure in law and order.

Focus on caste politics and state governance, slowing down the legal process.
Hyderabad Vet Rape Case (2019) Telangana Government vs. Central Government  

State government blames the slow judicial process, while central leaders call Telangana’s law enforcement inefficient.

Calls for “instant justice” eclipsed discussions on systematic reform and police accountability.
Mumbai Sakinaka Rape Case (2021) Maharashtra Government (Shiv Sena) vs. Opposition (BJP) BJP criticized Maharashtra government for failing to protect women, while Shiv Sena accused BJP of using the case for electoral gains. Political rivalry overshadowed focus on victims’ rights and the systemic failures of safety mechanisms.

Mumbai Sakinaka rape case (where a 30-year old women was inflicted a mutilating fatal blow on her private parts) was solved promptly owing to CM’s intervention and ordering of a fast track trial.  Others such as the   Nirbhaya rape case (long fight for justice), the Kathua rape, Hyderabad Vet Case (though controversial) were solved with some delays.

However, in the case of the Kathua rape and murder of an eight-year-old girl in 2018, the crime was horrifically politicized along religious and communal lines. Political parties debated the religious identity of the victim and the accused rather than demanding swift action from law enforcement. The case, which should have been a straightforward investigation into a barbaric crime, instead became a symbol of political polarization. It took over a year for the accused to be convicted, a timeline that is still considered fast by Indian legal standards but nonetheless agonizing for the victim’s family.

The Unnao rape case has seen conviction, but other concerns remain as the survivor has been attempting to resettle in life. She has neither  been able to get the  help to be provided by the Delhi Government (vis-à-vis payment of her rent) nor been successful in her appeals to the Delhi Commission of women (DCW ) that was mandated to  pay of her electricity  bills once Delhi’s Department of  Women and Child Development (WCD)  disburses these funds.  She lives in fear of the release of the prime rape accused, an under trial and ex-BJP MLA.  Hathras where a 19 year old Dalit woman was fatally raped (three convicts now released)  and Badaun where two teenage girls (of  an allleged Dalit identity) were hanged alive after being gang raped (which was denied by CBI enquiry)  still remain open with the victims’ families’ navigating the elusive terrains of judicial justice in India.

Stop Politicizing Rapes, India: Move beyond Spite and Recrimination

Ia country with an alarming rate of sexual violence, the tragedy of rape is often reduced to political theatre. Time and again, the monstrous crime of rape is browbeaten into a publicity stunt by politicians and media outlets alike, turning it into a tool for rabble rousing against opponents while side- lining the real issues.

High rates of rape but low conviction rates, (only one in every four reported cases received conviction (https://adrindia.org/content/growing-rape-cases-india-these-statistics-reveal-7-ugly-truths-about-sexual-violence-country) coupled with social stigma, tardy recording of crime, evidence tampering and   hindrances in rehabilitation of survivor compound justice and serve in empowering the rapist instead of empowering the women.

Deferred justice, procedural anomalies immediately post the crime including poor evidence collection, police reluctance towards law enforcement signifies a gross lack of compassion for the survivors and their families. Rather than focusing on the timely investigation of rape cases followed by unhindered delivery of justice, the political class and media, of late pass their time trading accusations. This disturbing trend not only undermines the seriousness of the crime but also erodes public trust in institutions designed to protect citizens, dealing a severe blow to the prospect of women safety.

Where women are not fully cared for, educated and safely empowered even as children, what does one expect of justice to them in case of sexual crimes and heinous abuses that they face in any phase of their life, early or late?

What frustrates citizen welfare further is that despite existing budgetary provisions and policies, we hit dead-ends owing to contorted political imagination over their implementation.  Savour the fact that of the total funds given to states under Union government’s much celebrated scheme of Beti Bachao Beti Padhao, 78.91% have been used for advertisements, according to a parliamentary committee report to Lok Sabha in December 2021. One of most lofty aims of this scheme launched by PM Narendra Modi was to change the mind- set of the citizens and hasten women empowerment.    The government of India may make a good head start by changing its own mind-set towards women before it can change the temperament and disposition of its citizens.

Families of rape victims often express their frustration with the media and political class, feeling that their personal tragedies have been exploited for others’ gains. The ongoing politicization of rape does nothing to provide survivors or their families with the courage or resources needed to rebuild their lives. Instead, it creates an atmosphere of fear and distrust, where survivors and impacted families are discouraged from coming forward, knowing that their trauma might be used as fodder for the 24-hour news cycle or political blame games. Observes an outraged and saddened doctor, who studied at Kolkata’s RG Kar three decades ago, “There is definitely more than meets the eye in this gruesome rape. We hope that speedy investigations and a fast-track trial gives us the answers we all are searching for.”

Dr. Bobby Luthra Sinha is the Deputy Director at the Centre for Asian African and Latin American Studies (CAALAS), ISS, Delhi and Head of Research at Un Paso Mas, LLP, Delhi. 

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