Report: Conviction in only 2.56% of rape cases that came to court

While the gruesome Kolkata rape case raises questions about women's safety, a report by the Ministry of Statistics says violence against women continues to be a significant obstacle to equality, development, peace and the realisation of human rights of women and girls.

Citing data from the National Crime Records Bureau (NCRB), the report mentions that the conviction rate across India for all rape cases brought to court is only 2.56 percent. For cases related to attempted rape, the conviction rate was only 0.92 percent.

The report called for swift and timely punishment.

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

“Violence against women and girls (VAWG) is one of the most pervasive, persistent and serious human rights violations in the world,” says a chapter titled “Obstacles to Empowerment” in the Women and Men in India 2023 report. Unfortunately, it often goes largely unreported due to factors such as impunity, societal silence, stigma and the shame associated with such incidents, the chapter adds.

Workforce

The report mentioned that data on the distribution of rape victims by age group shows that the majority of rape victims are between 18 and 30 years of age. The likely explanation for the increased numbers in this particular age group may be that women in this area fall into the ‘working class’ category and have to commute between work and home. In addition, the frequency of late working hours and on-site work locations may contribute to these statistics.

However, it must be stressed that such conditions should not constitute a burden or a barrier that hinders women in their fundamental right to work and earn money. “The government has already implemented various measures, including a law to prevent sexual harassment at the workplace and hotlines for women. Despite these efforts, there is still a need for action in the area of ​​gender awareness,” the statement said, adding that the lower percentage in the under-16 age group could be due to under-reporting due to fear of social stigma.

Lawyers say convictions usually result in serious rape offenses, but if there is a “dominant and submissive” relationship between the accused and the victim, or the possibility of “consensus,” the conviction rate is likely to be very low and these cases usually end in a plea bargain or out-of-court settlement.

“If the rape is of a serious nature, very brutal or heinous, there is a high probability that such cases will reach their logical conclusion. Many of these cases receive huge media attention and generate a huge public outcry. Amidst all this, the police file a complaint, initiate time-bound investigations, expedite the trial and the accused is convicted by the court,” said a lawyer, who wished to remain anonymous. Even if the death penalty is imposed, the execution is not deferred. However, there are very few such cases and hence the overall conviction rate is low, he added.