Invisible Wounds: A Deep Dive Into Sexual Crimes And Marginalization

Author(s): Shrestha Pal & Simran Singh

Paper Details: Volume 3, Issue 4

Citation: IJLSSS 3(4) 43

Page No: 547 – 570

ABSTRACT

Sexual violence in India doesn’t exist in isolation; rather, it intertwines with systemic oppression, influencing various communities’ perceptions of victims. These perceptions, shaped by intersecting marginalized identities, create a complex landscape for survivors. This study delves into the profound impact of intersectional discrimination on sexual violence survivors, shedding light on the intricate social stigmatization processes they encounter. At the core of victim marginalization are key dimensions to consider. For instance, Dalit women face triple-layered discrimination due to intersecting biases related to their caste, gender, and socioeconomic status. This intertwining of discrimination harnesses sexual violence to reinforce power dynamics and perpetuate caste hierarchies, leading to systemic obstacles hindering victims seeking justice and societal recognition. Additionally, societal constructs of masculinity pose significant barriers for male survivors, discouraging them from seeking help and perpetuating a culture where male victimization is downplayed. Similarly, disabled individuals experience compounded discrimination and increased vulnerability, as limited access to support systems and legal recourse heightens their risk of exploitation due to dependency and marginalization.

RELIGIOUS MINORITIES AND SEXUAL VIOLENCE

EXPLORING THE INTERSECTION OF RELIGIOUS IDENTITY AND SEXUAL VIOLENCE, PARTICULARLY FOR

WOMEN FROM MINORITY RELIGIOUS GROUPS: The convergence of religious identity and sexual violence, especially among women belonging to minority religious groups, poses distinct challenges. These individuals experience heightened vulnerability as their religious and gender identities intersect, often leading to their marginalization within both their faith communities and the wider society. Frequently, cultural and religious norms either silence victims or perpetuate detrimental practices, with religious leaders significantly influencing the continuation or resolution of these issues. Legal frameworks shaped by prevailing religious ideologies may inadequately safeguard women from minority faiths, leaving them without avenues for redress. Furthermore, the fear of social stigma or additional persecution often deters them from pursuing justice or seeking assistance. While spiritual healing practices can facilitate recovery, they may be obstructed by societal pressures. Effectively addressing sexual violence in this context necessitates an intersectional approach that incorporates legal, social, and religious reforms to ensure that women from minority religious backgrounds receive justice, healing, and protection. In the course of the severe religious violence that erupted in Gujarat, India, in 2002, Hindu nationalists perpetrated acts of rape and subsequently set fire to hundreds of Muslim girls and women, resulting in their deaths.

The interplay of intersecting identities, such as caste, language, ethnicity, and tribal affiliation, along with varying levels of religious syncretism, complicates conventional notions of identity formation and belonging. Consequently, numerous religious minorities in India encounter diverse forms of intersectional discrimination. For instance, Dalit Muslims and Christians, as well as religious minorities who are also linguistic minorities or part of indigenous communities (adivasis), experience heightened challenges, particularly for women within these minority groups. While religious minorities in India endure different levels of violence and discrimination, communal violence has predominantly affected Muslims, with Christians and Sikhs also experiencing varying degrees of socio-economic, cultural, and legal discrimination, albeit to a lesser extent.

ANALYZE HOW RELIGIOUS AND CULTURAL NORMS CAN BE USED TO SILENCE VICTIMS AND PERPETUATE

IMPUNITY FOR PERPETRATORS: Religious and cultural practices can significantly contribute to the marginalization of sexual violence victims and the perpetuation of impunity for offenders. In many societies, these traditions often prioritize family honor, reputation, and social cohesion over the rights and well-being of individual victims, particularly women. For instance, in certain religious and cultural contexts, the stigma associated with sexual violence is disproportionately placed on the victim rather than the perpetrator. This dynamic leads to the silencing of survivors, who may fear social ostracism, stigmatization, or even further violence should they choose to report the incident. Additionally, religious teachings or interpretations may dictate the societal role of women, promoting passivity and submission, which can discourage them from seeking justice or reporting abuses. In some cases, religious or community leaders may downplay the severity of sexual violence, framing it as a personal issue rather than a criminal one, thereby suggesting that it should be resolved within the family or community rather than through legal channels. Such societal norms create an environment where perpetrators are shielded from accountability, either due to a lack of legal enforcement or through social and religious pressures that discourage discussion of such violence. Consequently, this culture of silence and victim-blaming fosters an environment of impunity for offenders, allowing the cycle of abuse to persist unchecked.

In India, the phenomenon of cultural and religious norms gagging victims of sexual violence is all too common. For instance, in some rural areas, the shame of sexual assault is used to silence victims to uphold family honor. In violent acts perpetrated on the basis of caste, Dalit women have suffered both sexual violence and social exclusion when they report crimes since their families do not want to be further excluded from society. Furthermore, in certain conservative societies, women are forced to marry their attackers to “honor” their families, as in a number of high-profile cases. Religious leaders, in certain cases, have also trivialized sexual violence, promoting forgiveness and deterring prosecution, allowing perpetrators to go unpunished. These religious and cultural values, based on protecting family and community reputation, tend to prevent justice from being served.

Further the occurrences of sexual violence experienced by Kashmiri Pandit women during the exodus in the early 1990s are challenging to document comprehensively due to the sensitive and traumatic nature of these events; however, several accounts have been widely reported. For instance, numerous women were kidnapped and assaulted amid the mass displacement of Kashmiri Pandits, particularly during attacks on their homes by militants. In many instances, women faced public humiliation and violence, which not only threatened

their physical safety but also aimed to dismantle the social structure of their community. A notable account involves a group of women who were assaulted in a village near Anantnag, with several survivors later recounting the brutality they experienced. These incidents were part of a broader pattern of targeted violence intended to instill fear within the community and compel them to abandon their homes, and the trauma resulting from these experiences has had lasting effects on generations of survivors.

SEXUAL OFFENCES AGAINST THE DISABLED COMMUNITY

EXAMINE THE HEIGHTENED VULNERABILITY OF WOMEN AND GIRLS WITH DISABILITIES TO SEXUAL

VIOLENCE: Sexual assault against individuals with disabilities represents a deeply troubling and often overlooked issue, with both disabled women and men facing a heightened risk of abuse compared to their non-disabled counterparts. Several factors contribute to this vulnerability, including a reliance on others for physical support, social isolation, and the lack of accessible support systems. Perpetrators frequently exploit these weaknesses, as many disabled survivors encounter significant barriers when attempting to report such incidents, including communication challenges, a lack of trust in the justice system, and fears of not being believed. Additionally, the stigma associated with disability often results in a lack of awareness or acknowledgment regarding the seriousness of the abuse. For example, within care facilities or hospitals, individuals with disabilities are at an increased risk of experiencing sexual violence from caregivers or other residents. Furthermore, cultural attitudes often marginalised the disabled individuals, dehumanizing their experiences to the point where offenders evade accountability and victims remain voiceless. Therefore, addressing sexual violence against people with disabilities necessitates not only legal reforms but also a fundamental shift in societal attitudes towards the care and perception of individuals with disabilities. There was a data collection study held between the years of 2008 and 2010, where people with disabilities had gathered to talk about incidents of sexual offences as against them. This research was funded by the National Disability Authority .

There were notable similarities in the accounts of sexual violence reported by individuals with disabilities and those who sought assistance from Rape Crisis Centres for counselling and support. However, several significant differences emerged, including:

Survivors with disabilities were more likely to report that their abuse occurred exclusively in adulthood, while they reported childhood abuse less frequently than other survivors.

Women with disabilities experienced a higher incidence of sexual violence as they aged, in comparison to their non-disabled counterparts. Disabled survivors reported multiple instances of sexual violence more frequently than those without disabilities. Additionally, the research explored the barriers faced by individuals with disabilities in disclosing incidents of sexual violence. An anonymous online survey revealed that 50 respondents identified as survivors, with 30% disclosing their experiences for the first time. The survey further highlighted that many survivors lacked information on where to seek assistance and had not been asked about their experiences of sexual violence.

ANALYZE THE UNIQUE CHALLENGES THEY ENCOUNTER IN REPORTING ABUSE AND ACCESSING

SUPPORT SERVICES: Individuals with disabilities face unique challenges when it comes to reporting sexual abuse and accessing support services, rendering them particularly vulnerable to further victimization. A significant obstacle is communication difficulties,many individuals with disabilities, especially those with speech, hearing, or cognitive impairments, struggle to articulate their experiences effectively. This can make it nearly impossible to report abuse to authorities, as they may fear being misunderstood or disbelieved. Furthermore, social isolation is common among disabled individuals, who often have limited social interactions and may rely heavily on caregivers or family members, some of whom may be the perpetrators of abuse. The dependence on caregivers for daily needs exacerbates the situation, as victims may feel trapped and unable to seek help if the abuser is someone they trust, such as a caregiver or healthcare provider.

Moreover, societal stigma surrounding disability often leads to the infantilization or dehumanization of disabled individuals, which can diminish the credibility of their accounts of sexual violence. There is also a lack of accessible support services, including counseling, legal aid, and shelters, which are frequently not designed with the specific needs of disabled individuals in mind. Many services may be physically inaccessible, or there may be a shortage of trained personnel who understand the unique requirements of disabled victims. Finally, institutional barriers further complicate matters; existing legislation and policies may overlook the specific vulnerabilities faced by disabled individuals, resulting in inadequate legal protection and avenues for redress. Together, these factors create an environment in which individuals with disabilities are less likely to report abuse, seek help, or achieve justice.

The primary obstacles identified by service users included:

Ineffective communication between professionals and patients or caregivers
Financial limitations
Behavioral issues
Inadequate service availability, as well as,
Organizational and transportation challenges.

Conversely, the key barriers noted by service providers encompassed:

Insufficient training for professionals
Failures within the health system
Physical impediments
A lack of resources and technology; and language difficulties.

SEXUAL VIOLENCE AGAINST THE MALE VICTIMS

THE SILENT CRISIS : MALE VICTIMS OF SEXUAL VIOLENCE IN INDIA

Sexual violence remains a deeply entrenched issue within the social fabri of India, and while it has garnered significant attention in relation to female victims, the plight of male survivors has largely gone unnoticed. The experiences of men who have endured sexual violence present a distinct set of challenges, such as fighting against societal taboos,

grappling with a culture that discourages disclosure, and facing a system that often fails to acknowledge their plight. In delving into this subject matter with a comprehensive lens, it becomes strikingly evident that there exists a concerning lack of visibility surrounding male victims of sexual violence. This scrutiny reveals a multitude of factors that contribute to the underreporting of such incidents, including the pervasive stigma that shrouds male victimhood, the reluctance of victims to step forward due to fear of social repercussions, and the inadequacy of legal frameworks that fail to fully recognize and protect the rights of male survivors. Consequently, this in-depth examination not only aims to shed light on the prevalence of sexual violence against men in the context of Indian society but also to underscore the critical necessity for substantial systemic reforms that address these grievous disparities and work towards a landscape that prioritizes justice, support, and recognition for all survivors, regardless of gender.

THE PREVALENCE OF SEXUAL VIOLENCE IN INDIA

While data on male sexual violence in India is limited due to underreporting, highlighting the Issue’s severity, various available studies and surveys offer insight into the troubling realities faced by men. For example, a 2018 study conducted by the Indian Journal of Community Medicine revealed that approximately 18% of Indian men have disclosed experiencing some form of sexual violence in their lifetime, encompassing incidents like forced penetration, unwanted touching, and sexual harassment. Sadly, the alarming fact emerged that only a mere 2% of these reported cases were brought to the attention of authorities, indicating a deeply entrenched culture of silence surrounding male victims of sexual violence.

The categorization practices of the National Crime Records Bureau (NCRB) further complicate the assessment of male sexual violence's prevalence, as male victims are not specifically classified. However, anecdotal reports and localized studies suggest that instances of male sexual violence are more prevalent than conventionally acknowledged. A case in point is a 2014 survey by the Centre for Civil Society which disclosed that 16% of male respondents in Delhi had endured sexual abuse before reaching the age of 18. Similarly, a subsequent 2017 research conducted by the Tata Institute of Social Sciences (TISS) indicated that 9.5% of male college students in Mumbai had encountered incidents of sexual harassment.

These compelling statistics emphasize the urgent need for more inclusive and rigorous research initiatives and data gathering methods concerning male sexual violence in India. The absence of precise data hinders the development of efficacious interventions and policies to combat this pressing issue effectively..

WHY IS MALE VIOLENCE UNDERREPORTED:

The underreporting of male sexual violence in India is a multifaceted issue, rooted in societal attitudes, legal gaps, and institutional barriers. Below are the key reasons why male victims remain silent:

SOCIETAL STIGMA AND TOXIC MASCULINITY

Indian society is profoundly patriarchal, characterized by entrenched and inflexible gender norms that govern the expected behaviors of both men and women. Men are typically constrained by societal expectations to embody strength, assertiveness, and emotional invulnerability, while any display of vulnerability is often misconstrued as a sign of weakness.

This emphasis on toxic masculinity creates a hostile environment for male victims of abuse, discouraging them from seeking help due to the fear of being met with ridicule, disbelief, or having their masculinity challenged.

As evidenced by a comprehensive 2019 study published in the International Journal of Community Medicine and Public Health, a disheartening 52% of male victims who bravely opened up about their experiences faced disparagement or skepticism from those they confided in. Shockingly, many of these individuals were callously advised to “;man up” or dismissively told to “get over it”, exacerbating their psychological anguish and intensifying their sense of isolation. This damaging societal stigma surrounding male victimhood is particularly pronounced in rural regions where traditional gender roles are deeply ingrained and held in higher regard, perpetuating harmful stereotypes and obstructing progress towards a more inclusive and empathetic society.

LACK OF LEGAL RECOGNITION

India’s legal framework does not adequately address male sexual violence. The Protection of Children from Sexual Offences (POCSO) Act, 2012, recognizes boys as victims of sexual abuse, but the Indian Penal Code (IPC) does not explicitly criminalize the rape of adult men. Section 375 of the IPC defines rape as a crime committed against women, leaving male victims without legal recourse.

In cases where men are sexually assaulted, perpetrators can only be charged under Section 377 of the IPC, which criminalizes “carnal intercourse against the order of nature” However, this provision is often interpreted narrowly and does not cover all forms of sexual violence. Moreover, Section 377 carries a social stigma due to its historical association with criminalizing homosexuality, further deterring male victims from seeking justice.

INADEQUATE SUPPORT SYSTEMS

Male victims of sexual violence often struggle to find adequate support due to the existing gender bias in organizations and helplines, which primarily cater to female survivors. One such example is the National Commission for Women (NCW) that extends its services to female victims but lacks an equivalent body to assist male victims. Moreover, the services provided by most rape crisis centers and counseling facilities are predominantly tailored to address the needs of female victims, inadvertently isolating and leaving male victims unsupported.

Additionally, the dilemma faced by male victims is further intensified by the insufficient training of medical professionals to handle cases of male sexual violence with sensitivity. Research conducted by the Indian Journal of Psychological Medicine in 2020 revealed that a significant percentage of male victims seeking medical assistance felt disregarded or unfairly judged by healthcare providers. This failure to exhibit empathy can significantly worsen the trauma endured by male victims, highlighting a critical gap in the healthcare system’s response to their needs.

Furthermore, male victims often confront the daunting prospect of potential retaliation from their attackers, particularly in situations where the offender holds a position of authority or power over them. This fear is magnified by the prevalent lack of confidence in the legal system, which is frequently criticized for its sluggishness, inefficiency, and perceived biases. A survey conducted by the Centre for the Study of Developing Societies (CSDS) in 2016

discovered that a substantial majority of Indians harbor suspicions of corruption and untrustworthiness towards the police force, discouraging male victims from coming forward to report their harrowing experiences.

THE ABSENCE OF ADEQUATE LAWS

India’s legal system has made significant strides in addressing sexual violence against women, but it remains woefully inadequate in protecting male victims. Below are some key legal gaps:

GENDER-NEUTRAL LAWS

India’s rape laws are not gender-neutral, meaning that only women can be recognized as victims of rape under Section 375 of the IPC. This exclusion leaves male victims without legal recourse and perpetuates the myth that men cannot be victims of sexual violence.

In 2019, the Delhi High Court dismissed a petition seeking to include male victims under the ambit of rape laws, stating that such a change would require legislative action. However, no significant steps have been taken by the government to address this issue.

SECTION 377

While Section 377 of the IPC criminalizes non-consensual sexual acts, it is often interpreted narrowly and does not cover all forms of sexual violence. Moreover, the provision carries a social stigma due to its historical association with criminalizing homosexuality, further deterring male victims from seeking justice.

LACK OF AWARENESS AND IMPLEMENTATION

Even existing laws, such as the POCSO Act, are not effectively implemented. A 2021 report by the NGO Child Rights and You (CRY) found that 65% of cases under the POCSO Act were pending in courts, with an average trial duration of 1.5 years. This delay in justice discourages victims from coming forward.

THE WAY FORWARD

India must prioritize legal reforms by adopting gender-neutral laws that recognize men as potential victims of sexual violence, following the examples set by countries such as the United Kingdom, Canada, and Australia. These nations have successfully implemented legislation that serves as a valuable blueprint for India’s own legal framework.

Furthermore, public awareness campaigns play a pivotal role in combatting societal stereotypes and fostering an environment where male victims feel empowered to seek help. It is essential that these campaigns highlight the universal nature of sexual violence, emphasizing that it can affect individuals of any gender. Additionally, investing in sensitization programs for law enforcement officials, medical professionals, and counselors is crucial. By providing training that promotes empathy and confidentiality, these professionals can better support male victims of sexual violence and create a more inclusive

and understanding environment for them to seek assistance. Moreover, the establishment of dedicated support groups and helplines tailored specifically for male victims is imperative. Organizations like the RAHI Foundation and Snehalaya have paved the way in addressing male sexual abuse, but continued efforts and resources are needed to expand these crucial support services for those in need conclusion.

SEXUAL VIOLENCE BASED ON CASTES

THE BROADER CONTEXT: INTERSECTION OF CASTE AND GENDER

The intersection of caste and gender poses a complex and harrowing experience for Dalit and Adivasi women, subjecting them to a distinctive form of oppression. Within this framework, sexual violence perpetrated against these marginalized groups transcends being perceived as acts of mere passion, and instead, functions as a calculated mechanism used by upper-caste men to solidify their dominance and perpetuate caste structures. The prevalence of gang rapes and public humiliations directed at Dalit women vividly exemplifies how this violence is instrumentalized to instill fear and subjugation within the broader community. Compounding the challenges, Adivasi women face an added layer of adversity due to their peripheral positioning in both geographic and social spheres. Many Adivasi communities inhabit isolated regions that lack robust law enforcement presence and accessible legal aid resources. A disheartening insight from a 2020 report conducted by the National Commission for Women unveiled that a mere 12% of Adivasi women who fell victim to sexual violence managed to secure legal assistance during their ordeal.

SYSTEMATIC BARRIERS TO REPORTING AND JUSTICE

Dalit and Adivasi women often face the harrowing threat of sexual violence, perpetrated by upper-caste men who hold immense sway in society, economy, and politics, exacerbating the vulnerability of marginalized communities. Meera’s ordeal exemplifies this power dynamic, with the assailants hailing from a dominant caste, enabling them to instill fear in her family and exert influence over local authorities. Shockingly, statistics from the NCRB reveal that a staggering 78% of incidents where Dalit women are subjected to rape involve

perpetrators from upper castes, cementing a pervasive imbalance that dissuades victims from seeking justice out of dread for reprisal and escalating aggression.

Furthermore, the compounded issues of police apathy and complicity further entrench the cycle of injustice faced by Dalit and Adivasi women. Research conducted by the National Dalit Movement for Justice uncovered that a significant 60% of Dalit women encountered obstacles or outright refusal when attempting to file complaints of sexual violence, underscoring the entrenched bias within law enforcement. In Meera’s case, not only was

her complaint dismissed by the authorities, but she was also subjected to threats of false accusations, illustrating how systemic indifference ensures that a multitude of cases languish without redress in the legal system.

Moreover, the insidious phenomenon of social stigma and ostracization serves to silence survivors and perpetuate a culture of impunity, especially for Dalit and Adivasi women who dare to speak out against sexual violence. Tragically, as highlighted in a 2019 report by the Human Rights Watch, 45% of Dalit women who bravely stepped forward to report incidents of sexual violence faced subsequent ostracization by their communities, underscoring the pervasive victim-blaming culture that engulfs marginalized individuals. This reprehensible trend further solidifies the distressing reality where survivors are shamed and coerced into silence, perpetuating a vicious cycle of marginalization and impunity.

Lastly, the arduous journey through the legal system, plagued by delays and loopholes, compounds the challenges faced by Dalit and Adivasi women seeking justice. The woefully low conviction rates for crimes against Dalits, standing at a mere 32% in 2021 under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, signal a profound failure of the legal apparatus to render justice. Delays in trials, absence of witness protection, and the looming specter of caste-based intimidation collectively contribute to the abysmally low success rate in securing convictions for perpetrators of violence against marginalized women

REAL CASES OF CASTE BASED GENDER VIOLENCE:

THE HATHRAS GANG RAPE (2020)

The Hathras case, which shook the nation to its core, stands out as a stark and horrifying illustration of the deeply entrenched issue of caste-based sexual violence that continues to plague Indian society. The incident unfolded on September 14, 2020, in Hathras, Uttar Pradesh, when a vulnerable 19-year-old Dalit woman fell victim to a harrowing gang rape perpetrated by four upper-caste Thakur men while she was innocently gathering fodder in a field. The brutality of the assailants knew no bounds as they callously dragged her by her delicate dupatta, inflicting catastrophic spinal injuries that rendered her paralyzed and utterly helpless. The grotesque discovery of the victim, naked and bleeding, with her tongue cruelly severed, symbolizes an atrocious attempt to muzzle her cries for justice and uphold a suffocating veil of silence.

Following the nightmarish assault, the victim was swiftly transported to a medical facility, where she valiantly battled for her life, eventually succumbing to the unspeakable trauma inflicted upon her two weeks later. The abhorrent mishandling of the case by the police and administration sparked widespread public outrage and condemnation. Criticisms were rightfully leveled at the authorities for their appalling negligence and insensitivity in dealing with such a heinous crime. Various aspects of the mishandling came to light:

Initial Delay in Filing FIR: Shockingly, the police callously turned a blind eye to the victim’s plight, initially refusing to register an FIR under the pretext of lacking substantial evidence. It was only due to unwavering pressure from the victim’s grieving family and resilient activists that the authorities relented and reluctantly initiated the legal process.
- Covert Cremation: The shocking and brazenly disrespectful act of the Uttar Pradesh police surreptitiously cremating the victim’s remains in the dead of night without the grieving family’s consent stands as a poignant reminder of the callous disregard for basic human dignity and compassion. The family’s painful isolation during the funeral rites, orchestrated under the shadow of heavy police presence, further compounded their anguish and deepened the wounds of injustice.
- Evident Caste Bias: Damning accusations of caste-based favoritism were leveled against the police and administration, alleging their complicity in shielding the accused individuals owing to their privileged upper-caste affiliations. The authenticity of the forensic report, which shockingly negated any evidence of rape, was fatally marred by inordinate delays in testing and alarming mishandling of crucial evidentiary materials.

In the wake of this abhorrent tragedy, the profound injustices suffered by Dalit women were laid bare, igniting a powerful wave of nationwide protests that demanded accountability and systemic reform. Despite the burgeoning public outcry and mounting pressure on the authorities, the victim’s grieving family was subjected to relentless threats and intimidation, underscoring the alarming lack of safeguards and protection afforded to vulnerable Dalit survivors in their quest for justice and closure.

THE KHAIRLANJI MASSACRE (2006)

The Khairlanji massacre, a harrowing incident that took place on September 29, 2006, in the rural town of Khairlanji, Maharashtra, serves as a distressing testament to the horrendous levels of violence endured by Dalit women in the heartlands of India, where deep-seated caste prejudices fuel ruthless acts of brutality. The tragic event unfolded when a Dalit family dared to raise their voices against the illegal confiscation of their rightful land, an act that triggered a vicious attack by a vicious mob composed of upper-caste men, embodying the stark realities of the caste system’s oppressive legacy.

The sheer cruelty inflicted upon the family members, particularly the appalling treatment meted out to Surekha Bhotmange, a 44-year-old woman, and her 17-year-old daughter, Priyanka, remains a grim reminder of the dehumanizing depths to which caste-based violence can plummet. Stripped naked, paraded through the village square, subjected to unspeakable sexual assault, and eventually brutally murdered, the women suffered an unfathomable fate alongside Surekha’s two sons, Roshan and Sudhir, who also perished in the heinous attack. This reprehensible act was a clear manifestation of caste-based animosity, a brutal reprisal intended to silence and punish the family for daring to assert their fundamental rights against a backdrop of entrenched discrimination.

Critical elements emerging from the tragic events at Khairlanji shed light on the systemic failures that perpetuate the cycles of caste-based violence and oppression within the Indian societal framework, underscoring the urgent need for justice and accountability. The initial reluctance of the local authorities to acknowledge the caste dynamics at play, dismissively labeling the massacre as a mere “land dispute”, reflects a broader pattern of institutional apathy that cloaks caste atrocities in a veil of denial and impunity. Only sustained public outcry and pressure eventually compelled an investigation under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, exposing the underlying biases embedded within law enforcement agencies.

The subsequent judicial proceedings, culminating in the conviction of the accused for murder,however, failed to reckon with the casteist undertones of the crime and the brutal sexual violence inflicted upon the women, thereby betraying a systemic reluctance to confront the intersecting dimensions of caste and gender-based atrocities. This glaring judicial oversight not only eroded the faith of the Dalit community in the legal system’s ability to deliver impartial justice but also laid bare the enduring challenges faced by marginalized survivors in their quest for redress.

The enduring legacy of the Khairlanji massacre serves as a poignant symbol of the entrenched impunity enjoyed by perpetrators of caste-driven violence, emblematic of the systemic hindrances that hamper the pursuit of justice and equality for Dalit communities across India, resonating as a somber reminder of the long road ahead in dismantling the pervasive barriers erected by caste discrimination.

THE SURAT GANG RAPE (2019)

In 2019, a horrific incident unfolded when a 15-year-old Adivasi girl from Gujarat fell victim to a harrowing ordeal. She was violently abducted, confined against her will for weeks, and subjected to horrendous acts of gang rape perpetrated by a group of five men. To compound the brutality, these assailants callously recorded their heinous acts and shamelessly disseminated the footage across various social media platforms, inflicting further indignity upon the already traumatized victim. Thankfully, a ray of hope emerged as a local activist courageously intervened, eventually leading to the girl’s rescue. However, this grim episode starkly brought to light the grave vulnerability faced by Adivasi women, a marginalized group often left without adequate legal and social support mechanisms. The deeply troubling aspects of this case underscore several critical issues that demand attention:

Firstly, the alarming indifference displayed by the authorities, marked by a sense of lethargy in their response and a glaring failure to shield the victim’s identity, plunging her into additional anguish.

Secondly, the alarming trend of technology-enabled violence, where digital platforms were exploited to perpetuate the victim’s trauma, creating formidable barriers to her quest for justice.

Lastly, the dismal landscape of support services for Adivasi women, akin to the struggles faced by Dalit women, characterized by significant hurdles in accessing crucial legal aid and counseling resources imperative for their healing and pursuit of legal recourse.

STATISTICAL OVERVIEW OF CASTE BASED VIOLENCE:

The National Crime Records Bureau (NCRB) data for 2021 highlighted a concerning trend, with a staggering 50,900 reported crimes against Scheduled Castes (Dalits), notably encompassing 8,802 cases of rape. This distressing statistic equates to an alarming average of 24 Dalit women facing the harrowing experience of rape each day across India. Even more disheartening was the dismal conviction rate of a mere 32% for crimes falling under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act during the same year.

Furthermore, shedding light on the underreporting of cases, a significant issue emerged from a profound 2020 study conducted by the National Dalit Movement for Justice. Shockingly, the study revealed that a substantial 60% of Dalit women who endeavored to report incidents of sexual violence encountered resistance or refusal from law enforcement agencies. The pervasive underreporting of such cases continues to persist due to various factors, including apprehension of reprisal, societal stigma, and the precarious economic reliance on the perpetrators by the affected individuals.

Additionally, Adivasi women, while confronted with comparable levels of violence, find themselves in an even more marginalized position owing to their geographical seclusion. A poignant 2020 report issued by the National Commission for Women underscored the stark reality that merely 12% of Adivasi women who had been subjected to acts of sexual violence had the privilege of accessing vital legal assistance and support services. Such disparities underscore the urgent need for enhanced support systems and protection measures for vulnerable communities.

THE NEED FOR SYSTEMIC REFORM:

The cases of Hathras, Khairlanji, and Surat serve as distressing reminders of the pervasive nature of caste-based sexual violence in India. These incidents are not isolated; they reflect a deeply ingrained societal issue that demands urgent attention. To combat this systemic problem effectively, comprehensive reforms must be implemented across various sectors.

Firstly, it is crucial to emphasize the importance of sensitizing law enforcement agencies. Police officers and judicial personnel should undergo specialized training to handle cases of caste-based sexual violence with the utmost sensitivity and impartiality. By ensuring that the authorities are well-equipped to address these complex situations, the likelihood of delivering justice to the victims significantly increases. Additionally, there is a pressing need to bolster the existing legal frameworks. The effective implementation of laws such as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is paramount to guaranteeing that perpetrators are held accountable for their actions and that victims receive the justice they deserve. Strengthening these legal mechanisms is a fundamental step toward ensuring the protection of marginalized communities. Moreover, establishing robust community support systems is essential for empowering Dalit and Adivasi women to come forward and seek recourse. Access to legal aid, counseling services, and economic support plays a pivotal role in enabling individuals to report crimes and navigate the legal process effectively. By providing comprehensive support, we can empower victims and survivors to assert their rights and demand accountability from those responsible for perpetuating caste-based sexual violence. Lastly, launching widespread awareness campaigns is crucial in challenging prevalent norms of caste-based discrimination and gender-based violence. These initiatives must aim to foster greater understanding and empathy within society while actively combating harmful stereotypes and biases. Through education and advocacy, we can work towards building a more equitable and just society where every individual is treated with dignity and respect regardless of their caste and gender.

INDIAN LAWS V/S CYBER CRIMES

In India, the legal framework for addressing cybercrimes is mainly governed by the Indian Penal Code (IPC) and the Information Technology Act, 2000. While these laws provide some provisions to tackle cyber violations, there is a gap in legislation specifically targeting cyberviolence against women. For instance, sections like 354A, 354C, and 354D of the IPC focus on issues like sexual harassment, voyeurism, and stalking, but they do not comprehensively cover the wide spectrum of cyber-related offenses against women. Additionally, the IT Act addresses offenses like hacking, data tampering, privacy breaches, and cyber fraud but lacks adequate provisions for gender-specific crimes.

The role of cybercrime in supporting sexual violence is particularly problematic since it allows perpetrators to remain anonymous, making it difficult for law authorities to find and hold them accountable. As a result, comprehensive legislation to address these online abuses, as well as improved digital victim rights, is becoming increasingly necessary.

The case of **Hunter Moore** is one of the most well-known examples of cybersexual assault linked to the sharing of nonconsensual graphic photos, sometimes known as “revenge porn.” Moore founded the website *IsAnyoneUp.com*, which he launched in 2010.

The site gained notoriety for providing intimate images and videos of individuals, many of which were released without consent by ex-partners, frequently as a form of vengeance after breakups. Moore encouraged users to contribute obscene content and even charged victims for image removal, taking advantage of people who attempted to remove their content.

Moore’s activities were extremely harmful to the victims, who suffered emotional distress, harassment, and public humiliation as their personal and private information was broadcast without their permission.

The alarming surge in cyber crimes against women has been a troubling trend witnessed over the past few years. According to the report published by the National Crime Record Bureau in December 2023, there has been an 11 percent increase in reported incidents in 2022 compared to 2021. This rise in cyber offences coincided with the widespread increase of violence against women and children within households during the pandemic. It highlighted the growing impact and reach of cybercriminal activities. With the pervasive use of various electronic devices like mobiles, laptops, computers, smartphones, and others for various purposes such as education, leisure, online transactions, and work, instances of cyber violence have also seen a notable uptick.

To bolster the legal protection for women in cyberspace, existing laws such as the Protection of Sexual Harassment Act, 2013, the POCSO Act, 2012, and the Indecent Representation of Women (Prohibition) Act, 1986 can be utilized in certain cases. However, challenges persist in enforcing these laws effectively. The Indecent Representation of Women Act, for example, tends to prioritize public morality over women;s safety. Despite the escalating instances of cyber crimes targeting women, the legal landscape still grapples with the absence of specific measures to combat this evolving threat.

The implementation of the National Cyber Security Policy, 2013 was driven by the vision of creating a secure and resilient cyberspace for the benefit of citizens, businesses, and the government by safeguarding information and infrastructure from cyber threats. With the introduction of the new policy for 2023, the focus has shifted towards enhancing response capabilities against cyber threats, reducing vulnerabilities, and proactively preventing malware attacks. Key objectives include facilitating compliance with cyber security mechanisms and improving monitoring of cybercrimes, albeit prompting the need for a feminist perspectival assessment to address and eradicate online violence and uplift the empowerment of women technology users.

As technology continues to play a significant role in the efforts to combat gender violence and to achieve gender justice, it is important to acknowledge the dual nature of technology being both a tool for empowerment and a weapon for perpetrating violence against women. In this regard, the critical role that law and policies play in addressing cyber crimes against women cannot be overstated. The Sustainable Development Goals for 2030 underscore the

importance of preventing and eliminating all forms of violence against women and girls, emphasizing the need for national laws specifically dealing with cybercrimes against women. Highlighted by the Special Rapporteur on Online Violence Against Women, enacting laws not only provides avenues for redressing grievances but also sends a strong message that cyber harassment is unacceptable and helps reduce impunity. The recent resolution adopted by the General Assembly of the United Nations aimed at countering criminal activities through information and communications technologies has raised concerns among civil society regarding potential threats to freedom of expression and privacy. Critics suggest that the provisions could lead to cross-border policing and enable state surveillance on human rights defenders, journalists, and other professionals, underscoring the need for careful consideration and safeguards in the draft. While there is a global and national gap in effectively addressing cyber crimes against women, the legal system presents a platform for redress and access to justice. To combat the rising digital violence and sexism faced by women, a proactive, inclusive, and gender-sensitive legal and policy framework is essential. This framework should not only focus on criminalization and prosecution but also on prevention, empowerment of survivors, protection of freedom of expression, and addressing deep-rooted structural inequalities that perpetuate cyberviolence. By fostering a victim- and survivor-centric approach, we can work towards ending online discrimination against women and creating a safer and more inclusive digital environment for all.

CONCLUSION

To sum up, sexual violence against people on the basis of caste, religion, ethnicity, gender, and disability is still a widespread problem that cuts across social lines and disproportionately impacts underprivileged groups. These types of violence are frequently the result of systemic injustices and long-standing inequality, which continue to encourage abuse and exploitation. Furthermore, it is impossible to ignore how cybercrime contributes to the continuation of sexual violence because vulnerable people are increasingly being targeted by digital platforms, which exacerbates the suffering. The anonymity provided by the internet enables perpetrators to exploit victims without immediate repercussions, while also fostering a climate of impunity. Combating these intertwined forms of violence requires multifaceted efforts, including stronger legal frameworks, targeted support for marginalized groups, and greater public awareness of the unique risks faced by individuals in these communities. Furthermore, stopping the spread of online sexual abuse requires tackling cybercrime with improved digital security measures and holding IT corporations accountable. In the end, combating sexual assault needs to be inclusive, recognize identity intersectionality, and advance a more secure and just society for all.

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