Nirbhaya Fund to Disha Act: What changes has the Indian govt implemented in response to major rape cases in the past?

The recent tragic case of a rape and murder of a young doctor in Kolkata has ignited a significant public outcry, reminiscent of the outrage that followed the 2012 Nirbhaya case. This incident, which took place at the RG Kar Medical College and Hospital, has highlighted persistent issues in women's safety in India, even in professional environments.

In the incident’s aftermath, the government has since announced several measures aimed at improving women's safety. These include the development of a downloadable mobile app with an alarm, improved ratio of male to female security staff at workplaces and night patrolling in medical colleges, hospitals and women’s hostels.

Similar steps aimed at improving the security of women are often introduced after such incidents reach the national stage. Let’s look at some of them.

Nirbhaya Fund, fast-track courts, Disha Act and more

The Nirbhaya incident in 2012 compelled the Indian government to establish the Justice Verma Committee, led by former Chief Justice J.S. Verma. This committee helped amend the Criminal Law Act by 2013, which introduced more stringent penalties for sexual offences, including the death penalty for repeat offenders, and criminalised new offences such as stalking, voyeurism, and acid attacks. The act also mandated faster trials in rape cases by establishing fast-track courts to ensure that justice was not delayed.
Alongside these legal changes, the government created the Nirbhaya Fund in 2013, a dedicated fund aimed at implementing initiatives to enhance women’s safety. This fund has been used to finance various projects, including emergency response systems, installation of CCTV cameras in public places, and the establishment of one-stop centers where survivors of sexual violence can access medical, legal, and psychological support.

However, the fight against sexual violence in India did not end with the Nirbhaya case. Several other high-profile incidents have since highlighted ongoing challenges and prompted further reforms. In 2018, the Kathua rape case, where an 8-year-old girl was brutally gang-raped and murdered, led to the government amending the Protection of Children from Sexual Offences (POCSO) Act, introducing the death penalty for the rape of children below 12 years of age.

The Unnao rape case in 2017, involving a sitting MLA from Uttar Pradesh, underscored the issue of political influence in crimes against women. The victim and her family faced harassment and threats, which highlighted the need for better protection for victims and witnesses in such cases. The MLA was eventually convicted in 2019, and the case led to increased calls for accountability and transparency in handling cases involving powerful individuals.

Another case that shook the nation was the Hyderabad rape and murder case in 2019. The brutal killing of a young veterinary doctor led to widespread protests, and the subsequent killing of the accused in a police encounter sparked debates about the effectiveness of the legal system and the public's demand for swift justice. In response, the Andhra Pradesh government introduced the Disha Act, which mandates that investigations in rape cases be completed within seven working days, with trials conducted in fast-track courts and judgments delivered within 21 days.
These incidents have driven significant changes in policing and the judicial system. The government expanded the number of fast-track courts to handle sexual violence cases and improved forensic infrastructure to ensure timely and accurate processing of evidence. Additionally, efforts to make the legal process less traumatic for survivors have included allowing in-camera trials and using video conferencing for testimonies.

The government has also expanded the reach of the 181 Women’s Helpline and established more One-Stop Centers (OSCs) across the country. These centers provide integrated services, including medical, legal, and psychological support, to survivors of sexual violence.

Public scrutiny and IMA demands

However, many of these steps have been scrutinised for not being very effective. For instance, as of late 2023, only about 70% of the allocated Nirbhaya Fund has been utilised, with significant amounts directed towards large cities, leaving many areas and initiatives underfunded. Moreover, compensation schemes for victims often face delays, further highlighting the gaps in the system.

In response to the recent Kolkata case, there have been calls from various quarters, including the Indian Medical Association (IMA), for more stringent actions and reforms. The IMA has urged Prime Minister Narendra Modi to intervene and ensure swift justice and better protection for women, especially in professional spaces like hospitals.
Some of the demands by the IMA include the amendment of a Central Act to better protect healthcare workers, enhancing hospital security to airport levels, improved working conditions and faster investigations in such cases. The Board has also sought for an “appropriate and dignified” compensation for the rape victim’s family.

This ongoing situation underscores the need for a more robust and effective system to protect women and deliver justice in India. Despite legal reforms and financial allocations, the rising number of sexual violence cases suggests that more needs to be done at the ground level to ensure the safety and dignity of women across the country.