Protect dignity of women in custody

It is a matter of serious concern that custodial rapes continue to take place in the country in spite of many preventive and punitive measures and campaigns against it.

According to the National Crime Records Bureau (NCRB), more than 270 cases were reported between 2017 and 2022. There has been a gradual decrease in numbers over the years, but even a single case is repugnant because the crime is committed by persons tasked with protecting the safety and honour of women.

The actual numbers could be higher because many cases may not be reported. According to the report, the offenders include police personnel, public servants, members of the armed forces, and staff of jails, remand homes and hospitals. These places should be havens of safety for women but the power and authority is abused by officials to sexually exploit vulnerable women. 

A provision in the IPC specifically deals with custodial rape, but it still takes place. It has been noted that custodial settings and environments provide opportunities for abuse.

The officials have the power to punish, show lenience, and even set free the women who come into their custody. The women are mostly vulnerable because they have committed an offence or are suspected to have committed an offence.

They may also be victims of trafficking or domestic violence. Most women in custody are not able to resist the offender in the isolated settings where custodial crimes take place. Often, they don’t get help or protection from other officials, even when the officials are women.

Women’s activists point out that the causes of custodial sexual offences include patriarchal norms, abuse of power by the authorities, lack of gender sensitivity and training for police and other officials, and the social stigma attached to victims.

They say the government must address the root causes and take effective steps, which include ushering in legal reforms, providing better training for law enforcement personnel, conducting campaigns for social and behavioural changes, and putting in place stronger mechanisms for accountability.

NGOs and civil society and community groups may also be involved in the campaign. The culture of impunity and victim blaming within the law enforcement machinery hinders survivors from seeking justice. Recently, the Calcutta High Court was told that pregnancies among female prisoners are increasing in West Bengal, and 196 babies are in various prisons of the state.

The NCRB data is a wake-up call to the government and society to take effective action for safeguarding the honour of women in custody, and ensuring punishment for those who violate it.