Interference of politicians in law enforcement can slow the justice process as evidenced in the Unnao rape case in Uttar Pradesh involving a BJP lawmaker
Sajida A Zubair
THE nation, which takes pride in having the most diverse culture, extensive history, and largest democracy in the world, appears to be losing the war against an alarming rise in rape cases and the pursuit of justice. Despite large strides in women’s rights and legal reforms, along with the introduction of Bharatiya Nyaya Sanhita, the incidence of rape remains an issue of great urgency.
The National Crime Records Bureau (NCRB) recorded rape cases in India at 31,677 in 2020; that comes to approximately 86 rapes every day. These figures represent only the reported cases, while a lot more go unreported due to social stigma, fear of retaliation, or no trust in the legal system. What is even worse, the NCRB data suggests that quite a share of rape victims are minors. During this period, as many as 4,083 cases involved victims under the age of 18. Scrutinising the trend, however, there is considerable regional variation. States that report higher numbers of rape year in and year out include Rajasthan, Uttar Pradesh, and Madhya Pradesh. In 2020, for example, Rajasthan reported 5,310 cases, the highest in the country. On the contrary, some states like Nagaland reported very few cases, either because of the low incidence rate there or even underreporting.
While rape is a pervasive issue in this country, not all cases make headlines or receive national attention. In 2012, a rape case in Delhi rocked the nation’s conscience, sparked large protests, and prompted calls for legislative reform. Continuing with the same parallel, the 2020 Hathras case of gang rape and death of a young Dalit woman, the 2017 Unnao case of a child being brutally raped, and the latest RG Kar College incident drew a lot of attention, sparking protests and marches for justice.
Countless more incidents of this kind, no less horrifying in their substance, rarely reach press headlines. All subsequent cases, even if they may be equally horrific, such as this nurse’s rape and murder, are hence not given the same level of attention as this one. All of this raises questions about what standards are used to determine whether a case is ‘newsworthy’ or not. Media coverage and public attention to such cases have remained so irregular that naturally questions may emerge regarding the possible reasons for such a scene.
Several factors explain this disparity of media coverage and national attention. The cases that involve a victim from the higher social or economic strata, as well as incidents occurring in urban areas, attract more media attention. For example, the Nirbhaya case had a middle-class woman in the national capital and therefore has been a strong point in media coverage. Incidents that happen in metropolitan cities such as New Delhi, Mumbai, or Bengaluru would easily be reported rather than incidents happening in rural areas or not easily accessible areas. The rape of indigenous women forms one of the most glaring examples of such inequality. Tribes in India become easy targets for sexual abuse also because their settlements are often remote and underdeveloped. But crimes against tribal women seldom make it to the national media, and when they do, they often fail to provoke the same pitch of outrage as those in which the victims are urban or upper caste.
For instance, the alleged gang rape and murder of a 12-year-old tribal girl in Odisha’s Kandhamal district in 2019 did not find space in the newspapers. It was part of a spate of incidents in a larger pattern of violence against tribal women, especially when land disputes or industrial projects are at stake.
Other examples include the case in 2015 when several tribal women from Chhattisgarh accused security forces of having raped and sexually assaulted them during anti-Naxal operations. The lack of coverage and consequent delays in investigations brought forth the callous systemic negligence faced by the tribal women in India, especially in areas of conflict.
In Hathras in Uttar Pradesh, a Dalit woman was gang-raped and murdered in Uttar Pradesh in 2020. The case received public attention only after massive social media pressure.
During another incident reported from Bastar in Chhattisgarh, a tribal woman was said to have been raped by security personnel in the year 2020. Like several incidents that happened across the region, this was underreported in the national media and without national outrage due to the geographical location and socio-political environment arising out of the tussle with Naxalite groups.
Incidents of rape are not only related to the law-and-order issue in India but are also substantially politicised to meet different ends. The Kathua case stands as one glaring example of how communal temperatures were raised and political discourses were built upon. The victim was a Muslim girl, and the incident took place in an area dominated by Hindus. The polarised atmosphere saw some political leaders coming out to defend even the accused, thereby turning the case into a communal issue rather than something about justice for the victim.
Interference of politicians in law enforcement can slow the justice process as evidenced in the Unnao rape case in Uttar Pradesh involving a BJP lawmaker. The victim said that there was pressure and persecution from the family of the politician accused of rape against her.
Any occurrence that happens in states that are under the control of opposition parties, especially the incidents that are associated with allegations of inefficiency or systematic deterioration of the ruling government, receives heightened media coverage. For instance, the recent RG Kar College, where the opposition is in power.
Political discourses can be formed as a result of the media using these incidents to highlight any perceived injustices or inefficiencies in any state run by an opposition political party. When media actively covers stories that are of particular political and public interest, it can lead to a cycle of “abuse” of these and other cases. This tendency can be furthered by the opposition’s attempts to politicise these cases and use them as a tool for applying pressure on the government. As a result, these situations receive more attention than comparable incidents in states controlled by the opposition, resulting in an imbalance in the way these problems are handled.
In recent years, social media has become essential in highlighting incidents that might otherwise remain unnoticed. Hashtags like #JusticeforNirbhaya in the past and the currently trending #Metoo in the Malayalam film industry have amplified public discourse, compelling authorities to act. It’s crucial to understand that social media has a dual impact; it can create positive ripples, and it also plays a dangerous role in spreading misinformation. Political parties might take advantage of this platform to exaggerate or politicise issues, frequently shifting focus away from the actual quest for justice.
The nation’s reaction and government’s response to violent and sexual assaults may be impacted by coverage of “high-profile” rape cases, unequal protest procedures, and politicisation of the cases. The inequity of the actions is highlighted by cases involving indigenous and tribal women, who usually attract lesser media attention and occur in settings of extreme sociocultural marginalisation. In addition, the structural problems in the political and legal systems as well as the media’s lack of focus on the situations of these girls and women present a dual obstacle to their quest for justice.
Moving forward, the country and its citizens must find an equitable approach in not just reporting every case of sexual violence, assault, and crime against women by the media, but the government must also take action and ensure that every offender is punished, regardless of the victims’ as well as the offenders’ background or the location of the crime. A stable and sensible media coverage is possible only if both the central as well as state governments show a firm commitment to justice and refocus efforts on systemic reform and justice for all victims.
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*Sajida A. Zubair is an educator, freelance writer, and documentary scriptwriter. She is also a Counseling Faculty member at IPERC.