The National Women’s Safety Against Severe Crimes Unit (NWSASCU) can address systemic failures and ensure justice for women

The recent episode involving the rape and murder of a respected Kolkata doctor has brought the issue of gender-based violence into sharp focus once again. This tragic case highlights several critical issues in the fight against sexual violence, including the need for more effective mechanisms to ensure justice and the importance of addressing systemic failures in the criminal justice system.

India has witnessed an alarming and persistent prevalence of sexual violence and harassment against women, as evidenced by the stark statistics over the past decade. Despite legislative measures and reforms, the rate of reported rape cases remains distressingly high, with annual reports consistently exceeding 30,000 since 2012, except for a brief decline during the COVID-19 pandemic. The peak of nearly 39,000 reported cases in 2016, and the ongoing severity of the issue, reflected in over 31,000 cases reported in 2022, underscore a critical need for a dedicated and robust national response. The existing frameworks, including women’s police stations and women’s rights commission, are grappling with significant challenges, including overwhelming workloads, inadequate workforce, and insufficient technological support.

India’s Global Standing on Women’s Safety

The Georgetown Institute’s 2023 Women Peace and Security Index ranks India 128th out of 177 countries, with a score of 0.595. This low ranking reflects the country’s ongoing struggles with women’s inclusion, justice, and security. Additionally, India is listed among the top 10 worst countries for political violence targeting women in 2022. These findings are not just a reflection of the frequency of gender-based violence but also of the systemic issues that prevent women from fully participating in public life without fear of violence.

To address these issues comprehensively and combat gender-based terrorism effectively, India requires the establishment of a National Women’s Safety against Severe Crimes Unit (NWSASCU), akin to the National Investigation Agency (NIA) but with a specific focus on severe crimes against women.

The Urgent Need for a Specialized National Women’s Safety against Severe Crimes Unit

The persistently high incidence of sexual violence in India reveals systemic shortcomings in the existing mechanisms for addressing such crimes. Despite the enactment of tougher laws, the conviction rates for rape have remained low, fluctuating between 27% and 28% from 2018 to 2022. This statistic reflects not only the difficulties in prosecuting these crimes but also the broader challenges within the justice system, including delays, inadequate evidence collection, and insufficient training for law enforcement.

The COVID-19 pandemic further exacerbated violence against women, with crime rates surging from 56.5 per 100,000 women in 2020 to 64.5 in 2021. The pandemic’s impact, marked by economic strain, social isolation, and reverse migration, underscores the need for a specialized unit that can operate independently and efficiently, without being hampered by the existing institutional limitations.

Proposed Structure and Functioning of the NWSASCU

The proposed National Women’s Safety against Severe Crimes Unit (NWSASCU) would be an autonomous body, fully dedicated to addressing severe crimes against women. Its creation would address the existing gaps in the current systems and provide a specialized, focused response to gender-based violence. Here are the key components and functions of the proposed unit:

Independence and Autonomy

The NWSASCU should operate as an independent agency, similar to the NIA, with the authority to investigate and prosecute severe crimes against women. Its autonomy would ensure that it can act without bureaucratic constraints, focusing solely on gender-based violence.

Robust Workforce

A well-trained and adequately resourced workforce is crucial for the effective functioning of the NWSASCU. The unit should be staffed with specialized personnel, including investigators, forensic experts, legal advisors, and psychologists, all trained in handling sensitive cases of sexual violence. This workforce should be equipped to provide immediate and focused support to survivors and ensure timely investigations.

Advanced Evidence Collection and Technological Support

Modern technology plays a pivotal role in solving and prosecuting severe crimes. The NWSASCU should be equipped with state-of-the-art forensic tools, digital evidence collection systems, and data analysis capabilities. This would enable swift and accurate identification of perpetrators and support the prosecution process. Technology would also help maintain a comprehensive database of cases, track trends, and ensure transparency in handling each case.

Efficient Case Management and Investigation

To address the issue of delayed justice, the NWSASCU should implement streamlined case management procedures. This includes setting up dedicated teams for rapid response, investigation, and prosecution, ensuring that cases are handled with urgency and efficiency. Regular training programs and workshops for personnel would help keep them updated with the latest investigative techniques and legal standards.

Public Awareness and Community Engagement

An effective response to gender-based violence also requires community involvement and awareness. The NWSASCU should actively engage with communities, conducting outreach programs to educate the public about their rights, legal options, and the importance of reporting crimes. Collaboration with NGOs, women’s groups, and local communities would strengthen the support network for survivors and encourage reporting.

Addressing the Limitations of Existing Mechanisms

While women’s police stations and women’s rights commissions play a crucial role in addressing gender-based violence, their effectiveness is often compromised by resource constraints and workload issues. Women police stations, for instance, face high caseloads and a lack of advanced training and technology, leading to delays in justice. The NWSASCU would address these limitations by centralizing resources, expertise, and technology, ensuring that cases of severe crimes against women receive the focused attention they require.

The Protection of Women from Sexual Harassment Act, 2013 (POSH Act) aimed to address workplace harassment, but the slight increase in reported cases from 402 in 2018 to 422 in 2022 suggests that the implementation and enforcement of the Act may be insufficient. The NWSASCU would work in tandem with existing mechanisms to ensure that workplace harassment cases are addressed promptly and effectively, leveraging its specialized resources and expertise.

Impact of the NWSASCU on Gender-Based Violence

The establishment of the NWSASCU would have several positive impacts:

Enhanced Efficiency in Handling Cases

With a dedicated workforce and advanced technology, the NWSASCU would significantly reduce the time taken to investigate and prosecute cases of severe crimes against women. This would lead to quicker justice and a reduction in the backlog of cases.

Improved Conviction Rates

By focusing on specialized investigations and utilizing modern forensic tools, the NWSASCU would improve the quality of evidence and enhance the likelihood of successful prosecutions. This would contribute to higher conviction rates and hold perpetrators accountable.

Increased Public Trust and Confidence

The creation of a specialized unit would demonstrate the government’s commitment to addressing gender-based violence and protecting women’s rights. This would foster greater public trust and confidence in the justice system and encourage more survivors to come forward and report crimes.

Strengthened Support for Survivors

The NWSASCU would provide comprehensive support for survivors, including access to legal aid, counselling, and rehabilitation services. This holistic approach would help survivors recover and seek justice more effectively.

Wrap Up

The persistently high rates of sexual violence and harassment in India demand a decisive and strategic response. The NWSASCU represents a crucial step towards addressing the systemic shortcomings in the current mechanisms for handling severe crimes against women. By providing an independent, specialized, and well-resourced unit, India can enhance its response to gender-based violence, improve conviction rates, and ensure timely justice for survivors. The NWSASCU would not only address the immediate needs of survivors but also contribute to long-term changes in the societal and institutional frameworks that perpetuate gender-based violence.

Farooq Ahmad Bakloo