Conviction only in 2.56% of rape cases that went for trial: Report

As Kolkata horror rape case raises issues related to safety of women, a Statistics Ministry’s report has said that violence against women remains a significant barrier to achieving equality, development, peace and the realisation of the human rights of women and girls.

Quoting National Crime Records Bureau (NCRB) data, the report mentioned that all-India conviction rate of the total number of rape cases that went for trial in courts was just 2.56 per cent. For cases related with attempt to rape, the conviction rate in court was just 0.92 per cent.

The report called for swift and timely punishment.

“The adage ‘justice delayed is justice denied’ aptly emphasises the importance of timely legal action,” it said. The analysis and interpretation in the report are based on FIRs registered (compiled by NCRB) and the actual number could be higher if unregistered cases are also considered.

“Violence against women and girls (VAWG) stands as one of the most pervasive, enduring and severe human rights violations globally,” a chapter titled ‘Impediments in Empowerment’ from the report ‘Women and Men in India 2023’ said. Unfortunately, it often goes largely unreported due to factors such as impunity, societal silence, stigma and the shame associated with such incidents, the chapter added.

Labour force

The report mentioned that data on distribution of rape victims by age-group show that majority of the rape victims are in the age group of 18-30 years. The likely explanation for the elevated numbers in this specific age group may be attributed to females within this range falling under the “labour force” category, requiring travel between the workplace and home. Moreover, the prevalence of late working hours and on-site work locations could contribute to these statistics.

Nevertheless, it is crucial to emphasise that such conditions should not serve as burdens or barriers impeding women’s fundamental right to ‘work and earn’. “The government has already implemented various measures, including an act to prevent sexual harassment in the workplace and women helpline numbers. “Despite these efforts, there remains a need for further action in the realm of gender sensitization,” it said, while adding that the lower percentage in the less than 16 years age group might be due to underreporting stemming from the fear of social stigma.

“When the offence of rape is aggravated, brutal or heinous, there is strong possibility of such cases reaching to its logical conclusion expeditiously. Because, the contesting party / victim sides are alert and agile therefore the police and prosecution also acts in a most responsible manner. Further, many of such cases get strong media attention and that also results in a huge public outcry,” said Mumbai based advocate, Anjani Kumar Singh. However, there are very few such cases and that is why overall conviction rate in low, he added.

Overall, “in my opinion, sensitisation of police is required and they should not try to judge the case, rather as per the settled position of law they should file the case on the receipt of the complaint,” he advised while adding that misuse of rape law due to the fallout in consensual relationship should be strictly dealt with, which will reduce the over all number of the rape case.