Without reiterating the chilling and brutal facts of the Kolkata rape and murder case that has shocked the conscience of al Indians, there are myriad questions that need to be answered. Was more than one suspect involved? Was evidence destroyed later? Was the college administration involved? Why do parents need to wait for three hours?  Ironically, last year National Crime Records Bureau declared Kolkata as one of the safest cities for women in India; however, the reality seems to be otherwise.

Nothing has changed since 2012 when India witnessed the barbaric Nirbhaya case in New Delhi that shook the conscience of society. From the infamous Delhi gang rape to the more recent cases of rape and murder in Badaun (2014), Unnao (2017), Kathua (2018), and Hyderabad (2019) and the list is long, the common thread is the systemic failure to protect women and hold perpetrators accountable.

Some whys: Recurring facets

Why does our society keep failing its women? Where will girls feel safe if not even at the workplace? Why isn’t the mindset changing and why is there no fear in the minds of criminals about law and order? Saying that “not all men” are the same is not a solution. Notably, the barbaric act took place a few days before India's Independence Day on August 15. Are women of India really safe, secure, and have the freedom to live their lives is the question? That is clearly answered in a NO. 

Rights exist for women on paper 

Rape is not merely a criminal offense; it is a profound violation of human rights. It strips the victim of her dignity, autonomy, and right to personal security, all of which are protected under international human rights law (UDHR: Article 1 and Article 5) and the COI (Article 21 -Right to life and Article 14- Right to equality). Despite the Constitution of India’s promise of fundamental and equal rights, including those enshrined in Articles 14 and 21, the lived reality for many women in India starkly contrasts these ideals. A reflection on 77 years of Indian Independence, the reality is women are not safe anywhere ranging from religious places (Shilphata temple case); workplaces (Kolkata case); public transport (Nirbhaya case); married life (Marital rape is permissible); home ( Indore case- raped by relative); and, unfortunately,. demons leave no one including child, girl, old aged women and even foreign tourists.

MENtalities, culture and violence

Sexual violence/rape is normalized in India due to prevailing attitudes about gender, sex, and power. In India, this culture is deeply rooted in patriarchal norms that devalue women and treat them as objects of male dominance along with a culture of “silencing and victim blaming”. This toxic masculinity is perpetuated through socialization processes that glorify male aggression and entitlement while demeaning female autonomy and agency.  Rape culture in India is a by-product of entrenched patriarchy and misogyny which normalize violence against women and perpetuate harmful gender stereotypes. This culture is reinforced by the socialization of boys and men into toxic masculinity, where aggression, entitlement, and dominance over women are glorified.

One of the most disturbing aspects of the rape crisis in India is the cycle of impunity that allows perpetrators to escape justice. This impunity is fueled by a lack of political will to protect women and prosecute offenders. In many cases, law enforcement officials are complicit in covering up crimes, either through direct involvement or through negligence and indifference. This complicity is often motivated by political pressures, especially when the perpetrators are connected to powerful figures or groups.

Countless other cases

Unfortunately, the selective attention given to rape cases based on the level of public outcry undermines the principle of equal justice and highlights the state's failure to prioritize the safety and dignity of women. No doubt every case is different in its’ degree but selective outrage is problematic because it creates a hierarchy of victimhood, where some victims are deemed more worthy of justice than others. The focus on sensational cases also detracts from the broader issue of systemic failures that allow such crimes to persist continuously. The Kolkata case, while rightly condemned, should not overshadow the countless other instances of rape and sexual violence that continue to occur with alarming regularity across the country. In addition to legal reforms, there is a pressing need for societal change, especially MENtalities. Educational campaigns that challenge patriarchal norms and promote gender equality are essential in changing the attitudes that perpetuate sexual violence. Moreover, there must be a concerted effort to dismantle the culture of impunity that protects perpetrators, particularly those in positions of power.

Needed urgent actions 

The Kolkata case is a stark reminder of the persistent failures of India's criminal justice system in addressing sexual violence against women. To truly address the issue of rape in India, there must be a holistic approach that includes legal reforms (there’s a need for the enactment of the Central Protection Act “ Prevention of Violence Against Healthcare Professionals and Clinical Establishments Bill” that was introduced two years ago in Lok Sabha); societal changes (there’s a need for challenging toxic masculinity and promoting gender equality); and proactive measures to protect vulnerable groups. 

The time for complacency has long passed; the state must act decisively to ensure that justice is served. Every time we cannot just protest, politicize, and procrastinate, we need to be proactive and ensure that such times should not come. The safety and dignity of women must become a national priority as it was never on the ballot when we vote; the deciding factors are caste, religion, lucrative freebies, etc and it should be changed. Now, the state must demonstrate the political will to break the cycle of violence and impunity.

Kolkata's Abhaya may well have penned thus: “Every scar on my body tells a story that society is too afraid to confront. The horror of what happened to me was not just in the act itself, but in the societal indifference that allowed such brutality to flourish”

(The author is a  B.B.A LL.B (H) from Symbiosis Law School, Pune who loves to write and explore the nuances of law from a socio-legal perspective. Views are personal. He can be reached at vidhigya.shelal88@gmail.com)