By Sophie Hardefeldt, Intern – Gender Training Institute.

In general women’s rights advocated promote gender neutral legislation. This is because in many cases existing legislation is outdated, is discriminatory towards women or restricts women’s rights. However, in some cases where legislation is focused on violations that particularly effect women there is a need for legislation to reflect this.

Legislation focusing on issues such as rape and sexual assault, domestic violence and sexual harassment in the workplace are examples where the gendered nature of these crimes must be taken into consideration in the legislation.

It is estimated that throughout the world one in every five women will be a victim of rape or attempted rape in her lifetime. Furthermore, “Violence kills and disables as many women between the ages of 15 and 44 as cancer. And its toll on women’s health surpasses that of traffic accidents and malaria combined.” In India “9 percent of men and women… think that it is sometimes or always justifiable for a man to beat his wife.”

This violence undermines women’s human rights, security and health whilst also impacting society more generally by reducing women’s safety, increasing public health costs, restricting women’s ability to contribute socially, culturally and economically to society, and restricting the health and development of children.

Rape and sexual assault also affects men, and it is important that violence against men is also covered by legislation to ensure male victims are protected by the law. However, it is evident that women are particularly vulnerable to sexual violence and it is important that legislation reflects this vulnerability and that government responses to violence against women address the gender inequality and discrimination that underpins it.

By Dr. Ranjana Kumari, Director of Centre for Social Research.

Sexual violence is a widespread problem in India that affects women from all classes, castes and socio-economic groups. In 2009 a total of 21,397 rape incidents were reported across the country and many more remain un-reported. Statistics show that 44 percent of sexual assault victims are under the age of 18 and approximately two-thirds of assaults are committed by someone known to the survivor. Furthermore, more than 70 percent of women with developmental disabilities experience sexual assault. In the nation’s capital, Delhi, there has been an increase in the number of reported rape cases from 459 in 2009 to 489 in 2011. The increase in the number of reported cases of rape has led to the National Crime Records Bureau (NCRB) identifying rape as the fastest growing crime in India.

Discussions throughout India, and across the world, about the causes of rape as well as the best ways to prevent rape and to prosecute rapists are largely underpinned by patriarchal assumptions of gender and sexually and are extremely problematic.

There is a tendency within India society, both males and females, to blame the victims of rape or sexual assault. The rape incident is often sexualised and women are accused of behaving inappropriately and inciting the rapists’ behavior. In some cases women are accused of dressing provocatively, whilst in others of travelling alone too late at night. This reinforces the idea that women must behave in a certain manner and must be controlled by men. Their failure to conform to gendered expectations is used as a justification for the rape and restores the appearance of safety and security within the community.

The focus on sexuality and men’s sexual desires tends to reinforce patriarchal gender stereotypes and in some ways justifies the actions of rapists who are considered to be more sexual than women and are therefore less able to control their sexual desires. However, it is evident that rape, as with other forms of gender based violence, is a manifestation of the patriarchal need to control and subjugate women. Therefore, rape represents an attempt by the rapist to exert power over the rape victim. Yet it is also reflects a broader need to reinforce patriarchal social structures that dictate gendered social structures and divisions and perpetuate gender-based discrimination and inequality.

The attention to women’s dress and character is largely used to shift the focus away from the perpetrator’s actions. Existing efforts to combat sexual violence are largely focused on lecturing women about what they should be doing to avoid rape, instead of talking to men about the fact they do not have the right to women’s bodies without explicit consent. By focusing on the behavior of women, the male perpetrators of violence are inadvertently condoned. Women should not be held responsible for the behavior of perpetrators of sexual violence. Therefore, there is a need to focus on holding perpetrators accountable and educating both men and women of women’s rights rather than to blame and vindicate victims of sexual violence.

Amidst the chaos of backlogged cases, increase in crimes against women and an incredibly low rape conviction rate, the Supreme Court approved the early release of three-convicted gang rapists this week. Supreme Court Justices Markandeya Katju and Gyan Sudha Mishra reduced the sentences of Baldev Singh, Gurmail Singh and Hardeep Singh to three-and-a-half years, the term they had already served, in exchange for a compensation of 150,000 rupees to be paid to the victim.

The decision comes at a time when crimes against women are a major crisis in India. Rape, which is a gruesome crime, should not be excusable for any reason. The three convicted criminals were responsible for the gang rape of a young woman in the Ludhiana District of Punjab on March 7, 1997. Although they were arrested within days of the incident, they weren’t convicted till 2007, nearly ten years after the incident.

Although rape is a non-compoundable offense, which means the sentence cannot be compromised for less than ten years for gang rape, Section 376(2)(g) of the Indian Penal Court permits a lesser sentence for “special reasons.” The Supreme Court Justices who adjusted the rapists’ sentences stated that the case was nearly 14 years old, and that the victim was happily married and ready to move on.

Yet the brutality of a crime doesn’t lessen over time. Rather, the fact that it took ten years for the victim to get justice is a major point of contention that should be addressed.

It’s no surprise that the lower courts in India lack gender sensitivity and efficiency in dealing with cases of rape and sexual harassment. But India’s highest court—and the one that has the most credibility—putting a price on a woman’s dignity, physical and mental health signals need for major reform.

Rhetoric and promises are free, but real action means real resources: If you want to know what a government really cares about, just take a look at how it spends its money.

Unfortunately, the proposed 2011-2012 budget of the current Indian government, unveiled by Finance Minister Pranab Mukherjee last month, suggests that women—their safety, their equality and their empowerment—are not top priorities. Despite continued economic growth and much talk about women’s issues throughout India, resources for key areas related to gender equality have actually been reduced. Most shockingly, the budget allocation for the welfare of rape victims has been cut by an astonishing 85 percent: from Rs. 53.30 crore (more than $11 million USD) to a paltry Rs.7.5 crore (less than $2 million USD).

These cuts come despite a continued rise in the number of rapes reported. Last year official statistics revealed that over 21,000 cases were reported in India, and many more go unreported. SangeetRege of the Centre for Enquiry into Health and Allied Themes has said that the level of spending in 2009 did not even cover the costs of daily medication for rape victims in India. To top that off, according to recent research, the majority of rape victims and women’s organisations are not even aware that they are entitled to financial assistance and other forms of support from the government.

Meanwhile, a scheme by the National Commission for Women to help victims with financial assistance and support services, established following Supreme Court directives a whopping six years ago, still awaits implementation. Such confusion and delays clearly prove that the Indian Government lacks direction on how to handle Violence Against Women.

Budget cuts to services for rape victims are not the only affront to India’s women: Inadequate increases in child development schemes and the decline in food subsidies received the most criticism in a panel discussion on the budget. NAC member and economist A.K. Shiva Kumar said, “Budgets can be visionary or inspirational. This one is certainly not.” Dr. Jayati Ghosh, professor of economics at JNU, went as far to describe the budget as “anti-women”.

Despite continued economic development and extended spending in other areas, the Government is failing to address the rising tide of violence against women and the persisting inequalities between genders in India. According to the Prime Minister, “You cannot please all the people.” Let’s hope his Government doesn’t extend the same cavalier attitude to India’s millions of women.