Twelve years after Nirbhaya gang-rape: Laws strengthened but challenges remain

Dr Praveen Kumari Singh recalled the efforts that went in enacting the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 in the aftermath of the Nirbhaya case

nirbhaya-12-years Dr Praveen Kumari Singh was instrumental in drafting the Criminal Law (Amendment) Act, 2013

December 16 marks 12 years of the gang-rape and murder of the 23-year-old woman, who was known as ‘Nirbhaya’ after the incident, in New Delhi. Following public outrage and demand for stronger laws to protect women, the Union government brought in Criminal Law (Amendment) Act, 2013. It amended the Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure. The Act enforced stricter punishments for the criminals, highlighted the need for faster trials and recognised several new offences, including acid attack, voyeurism and stalking, among others.

Dr Praveen Kumari Singh, adviser in the Labour Ministry and the then director in-charge of women and child safety in the Centre-state division of the Home Ministry, recalled the efforts that went in enacting the law in the aftermath of the Nirbhaya case, strengthening administrative and legal measures to bring relief to victims of crimes against women. “After the Nirbhaya case, many incomplete tasks were pushed to completion,” she said.

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“After Vishakha Guidelines, the pending Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, was further pushed to enforcement.” The Vishakha Guidelines—formulated to address cases of sexual harassment at workplaces in the country—were later expanded into a law through the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

However, it is still an uphill journey as far as improving safety and security of women is concerned. Moreover, the changing nature of crimes against women in physical and virtual spaces demands greater attention of both the judiciary as well as law enforcement.

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Despite the introduction of fast-track courts—designed for timely justice delivery in certain cases—implementation is always a huge challenge, Singh said, and added that the conviction in cases of crimes against women has always remained a challenge due to an “overburdened judiciary” and “less number of judges” besides other reasons like the slow pace of police reforms that cause delays in such cases, despite a promised timeline.

With new forms of crime emerging due to widespread use of social media, Singh said there is a need for better regulation to tackle cyber crimes, deepfakes, identity theft, cyber stalking, cyber bullying and so on. “The way crime is increasing, it's difficult to keep pace, but we definitely need changes in this direction,” she told THE WEEK.

“A deeper awareness is needed for young people, before they fall prey to these kinds of online crime and exploitation.” According to the 2023 report released by National Crime Records Bureau (NCRB), titled ‘Crime In India, 2022’, a total of 4,45,256 cases related to crimes against women were recorded in 2022.

The number has escalated compared to previous years. According to Singh, it is due to “better reportage” of sexual offences. However, it is also an outcome of “better female participation” in the workforce and other societal aspects. “After the Nirbhaya case, one change occurred in the discourse—women safety, which was never a public issue, became a governance issue,” she added.

“Women helplines and the increase in female cops in police stations demonstrate our focus on it,” Singh said, referring to the setting up of special women and child help desks at every police station. However, the focus must also be on the implementation of the laws and timely delivery of justice, she added.

Women safety is not only an issue for the government to act upon, she said, but also calls for a larger attitudinal change in the society.

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