The 2012 Nirbhaya case is nearing closure with the four men held guilty of the crime scheduled to be hanged on Friday, but the conviction rate for rape remains an abysmal 27.2 per cent due mainly to lapses in the criminal justice system, say experts.
From sensitising police personnel to strengthening the investigating infrastructure, what is needed is a complete overhaul of the system to ensure speedy justice to victims and survivors of sexual assault, they said.
"The low conviction rate shows that perpetrators of sexual violence enjoy a high degree of impunity, including being freed of charges," said Vani Subramanian from the women's empowerment group Saheli.
Calling for an overhaul of the judicial system, former National Commission for Women (NCW) chief Lalitha Kumaramangalam said, "It took seven years (since 2012) to get justice and there are hundreds of cases which do not evoke this kind of a response (that the Nirbhaya case got). We must have a moratorium on time."
According to the National Crime Records Bureau (NCRB), 1,56,327 rape cases were on trial in 2018. Of these, trials were completed in 17,313 cases, resulting in conviction in only 4,708 cases.
There were acquittals in 11,133 rape cases and discharge in 1,472 cases.
A case can be discharged before charges are framed but acquittals only happen when the trial concludes.
Moreover, 1,38,642 rape cases remained pending in 2018.
"The case of the 23-year-old physiotherapy intern who was savagely gangraped on the night of December 16, 2012, and died a fortnight later, galvanising a movement for change in India's rape laws, is not an isolated one.
"Sexual assault occurs with frightening regularity in this country. We need to evolve punishments that act as true deterrents to the very large number of men who commit these crimes," said Subramanian.
Of the six convicted in the Nirbhaya case, one died during trial and another, a juvenile at the time of the offence, was set free after serving a three-year term in a reform facility
The four remaining convicts in the case are scheduled to be hanged together at 5.30 am on March 20.
The implementation of their death warrants may send a strong message across but that may not be enough.
The situation could actually be getting worse rather than better.
The 2018 conviction rate of 27.2 per cent was significantly less that in 2017 -- when a conviction rate of 32.2 per cent was recorded. There were convictions only in 5,822 of the 18,099 rape cases whose trials were completed during that year, the NCRB data showed.
Annie Raja, women's rights activist and CPI leader, said increasing the number of fast track courts cannot be the only solution to the low conviction rate in cases of sexual violence.
She was referring to the Centre's decision to set up 1,023 special courts for speedy trial of cases of sexual assault on women and children.
"Cases come to courts after inquiries and witness report and only then does the court gives its verdict,' she said.
"You need to sensitise the police. Even among Delhi Police personnel, you should ask how much is the awareness about the anti-rape law. That is why we are demanding complete overhauling and judicial reforms," she said.
Raja suggested that more budgetary allocation is required in building infrastructure and facilities for rape cases.
"Why do these cases have to wait long for forensic reports? Because we have very few forensic labs in the country. These are all systems that need to be in place to ensure time-bound justice. For that we need budgetary allocation, you need have political will and sensitivity," she said.
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