JUSTICE DELAYED IS JUSTICE DENIED

Anusha Singh Wednesday 21st August 2024 07:42 EDT
 
 

As the world continues to grow increasingly hostile and unsafe for women, a recent tragedy in India has once again highlighted this grim reality. The rape and murder of a trainee doctor in West Bengal has shocked the conscience of the nation.

The 31-year-old woman's body was discovered earlier this month in the seminar room of RG Kar Medical College and Hospital, a state-run hospital in Kolkata where she worked. A hospital volunteer has been arrested in connection with the crime, and the Central Bureau of Investigation is now handling the case. The incident has ignited widespread protests across the country.

Misogyny plays a significant role in crimes against women, and this case underscores the fact that such violence is not just random but deeply rooted in systemic misogyny. Recognising the harmful impact of these attitudes, the Home Office has announced that extreme misogyny will now be classified as a form of extremism under new government plans.

This decision comes at a time when an official investigation has revealed that Britain’s largest police force is still failing to protect women and girls, despite being placed under special measures two years ago following the rape and murder of Sarah Everard. Everard was kidnapped, raped, and murdered by an off-duty Metropolitan Police constable in March 2021.

Isabelle Younane, Head of External Affairs at Women’s Aid responded to this classification stating, “Women’s Aid is pleased that the government is indicating they will treat misogyny with the seriousness that it deserves and that they are recognising the need to tackle these attitudes in order to overcome violence against women and girls (VAWG).

“While it is important that the connection between misogyny and VAWG is recognised, if we are to overcome gender-based abuse, past approaches to de-radicalisation by previous governments have left us cautious and concerned. Tackling violence against women and girls, and the inequalities that cause it, must be a stand-alone priority for the government, rather than getting buried within the highly politicised counter-extremism agenda.  

“Previous focus on religion and ideology in the context of the government’s approach to counter-extremism has proven particularly harmful for Black and minoritised women, with specialist by and for organisations documenting racism through increased surveillance and over-policing of these communities. It is difficult to see how systems that previously harmed these groups of women may now protect them. The government must clearly set out their plan and work with Women’s Aid and our members if this approach is to work.” 

UK and the world reflect India’s struggle

Sarah's case, similar to that of the Kolkata victim, triggered a wave of social media posts from women recounting their own experiences of sexual assault and harassment at that time. Many shared the routine precautions they take to stay safe when walking alone and expressed their frustration that such measures are necessary.

Victim-blaming was also prevalent in Sarah’s case. North Yorkshire’s Police and Crime Commissioner, Philip Allott, sparked outrage with his insensitive remark that “women need to be streetwise.” He suggested that Sarah Everard should not have complied when the perpetrator, Wayne Couzens, a serving police officer, detained her.

In the same year, a primary school teacher, Sabina Nessa was found dead a few minutes away from her home. At that time, commenting on the safety of women, Barrister and Executive Director of Karma Nirvana, Natasha Rattu told the newsweekly, “Unacceptably, women and girls have been living with male violence for far too long. Violence against women and girls is not inevitable. We need to do much more to tackle the root causes if we truly want to prevent and end violence against women and girls. It is also critical that specialist services are prioritised and sustained in order to respond to the different and specific needs of ALL women. It is only through doing this can we ensure that ALL victims received equal support and attention.”

Liberal Democrat MP, Munira Wilson had, in 2021 itself, demanded that misogyny be made a hate crime. Sharing her perspective with the us , Munira Wilson MP said: “Violence by men against women and girls is far too prevalent in our society. Our criminal justice system is failing women and too many women feel unsafe walking down their own streets. Our society is letting women down, with survivors not being taken seriously and criminals getting let off the hook. Everything has to change.

“Misogyny should also be made a hate crime, so it is treated as severely as crimes motivated by racial or religious hatred, to help stamp out the abuse women face.”

Globally, the statistics on sexual violence are deeply troubling. According to the United Nations, police in 65 countries report over 250,000 cases of rape or attempted rape each year. Alarmingly, 46 per cent of women worldwide do not feel safe walking alone at night in their neighbourhoods. The figures are even higher in certain regions: 64 per cent of women in the Americas, 47 per cent in Africa, and 45 per cent in Europe share these concerns. Additionally, there has been a 4 per cent increase since 2019 in the number of women who report experiencing some form of violence, whether physical or psychological, totalling 20 per cent.

While the specific challenges and manifestations of gender-based violence differ by region, the global concern for women's safety unites women and allies in a shared struggle for equality and justice. These statistics underscore the critical need for progress in ensuring safety and equal opportunities for all, as the disturbing trends in violence and insecurity for women demand immediate and effective action.

Systemic misogyny needs to be eradicated

In India, the heinous crime of Kolkata is being compared to the Nirbhaya Gangrape case of 2012 which had sparked a similar movement for justice and reform around women safety laws.

Misogynistic attitudes hindered the proper investigation and prosecution of this crime. Dr Sandip Ghosh, the former head of RG Kar Medical College and Hospital, was asked to go on leave by the Calcutta High Court after concerns were raised over his leadership and response during the case.

He faced backlash for comments perceived as victim-blaming and for failing to maintain adequate safety for staff, after which he resigned from his post. Authorities at RG Kar Medical College and Hospital are also under scrutiny for allegedly tampering with evidence. The matter has been taken up by the Supreme Court and a three-judge bench led by Chief Justice of India DY Chandrachud heard the matter. 

During the hearing, the CJI ordered the setting up of a National Task Force (NTF) to recommend safety protocols for healthcare professionals at workplaces and criticised the West Bengal government and police force and questioned why there was a delay in registering the initial complaint - known as a First Information Report (FIR) - in the case?

A disheartening  time for women

Crimes like rape and assault has a profound and often distressing impact on women in society. These reports can evoke a range of emotions and reactions, including fear, anger, anxiety, and a sense of vulnerability. The knowledge that such crimes can occur even in places considered safe, only makes the matter worse.

Kavya*, a medical aspirant coaching for NEET from Kota, Rajasthan shared the effect of the Kolkata rape case on her morale. She said, "As I decided to pursue a career in the medical profession, I was told it was not only a noble path but also a safe one. Who could have imagined that someone dedicated to saving lives would meet such a tragic end?

"I am preparing for the NEET UG exam, and can empathise with the incredible effort the victim must have put into clearing NEET UG, completing her MBBS, and then passing NEET PG. To think of the years of hard work and sacrifice she and her family invested in her career, only for it all to be destroyed in a place she considered safe, fills me with rage. But then I remember that, the rapists have the audacity to commit such heinous acts because our misogynistic society has done little to instil fear in them.

"Now that I contemplate the fact that I’ll one day have to work night shifts, it has become my worst nightmare. Living in a society where the burden of safety is always placed on women, I don’t believe I’ll ever feel as confident as a man walking down the street. I will constantly second-guess the way I walk, the clothes I wear, and how I interact with others.

"I can’t help but also blame the people in power. I keep thinking to myself, 'If only our suffering were taken seriously in this country!'"

This is currently the story of most women and their families in India. The CJI also said in the hearing that if women are not able to go to work and the conditions are not safe, "we are denying them equality".

Women worldwide are rallying in solidarity with doctors in India, and Asian Voice provides a snapshot of this global support as various women share their views with the newsweekly (see page 13). Although the Supreme Court has instructed doctors to return to work and place their trust in the judiciary, the fight for justice for Abhaya remains incomplete until the actual perpetrators are brought to justice.

*Name has been changed for anonymity


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