A Brush with Insecurity: The Imperative for Stricter Laws and Protection for Sexual Assault Survivors

Introduction A fleeting moment of discomfort—caused by a stranger unintentionally touching my shoulder—triggered an overwhelming sense of insecurity. Though the incident was minor, it led me to ponder a much graver reality: How must survivors of sexual assault feel, day in and day out? This experience highlights the urgent need for more stringent legal measures to protect and support survivors of sexual violence. As a banker and an ex-UPSC aspirant with limited legal training, I can still see the glaring gaps in our system. It makes me wonder—if I can see this, why can't our leaders?

The Weight of Insecurity If a single, unintended touch can cause such discomfort, imagine the lifelong trauma faced by survivors of rape and sexual assault. The impact of such violence is not just physical but deeply psychological, often leaving scars that never fully heal. The current legal framework, however, often falls short in addressing the needs of survivors, leaving them to navigate a system that can be as traumatizing as the assault itself.

The Need for Stricter Laws To create a legal environment that truly protects survivors and deters perpetrators, we must push for amendments and stricter enforcement of existing laws. Here are specific areas where change is urgently needed:

1. Clearly Define Consent (Article 375, Indian Penal Code)

   • Current Issue: The legal definition of consent is often ambiguous, leading to varied interpretations in court.
   • Proposed Amendment: Article 375 should be amended to include a more precise definition of consent, emphasizing that it must be informed, voluntary, and revocable at any time. Additionally, the clause should clarify that silence or lack of resistance does not imply consent.

2. Implement Severe Penalties (Section 376, Indian Penal Code)

   • Current Issue: Penalties for sexual violence vary significantly, with some cases resulting in relatively lenient sentences.
   • Proposed Amendment: Section 376 should be revised to mandate a minimum sentence of 10 years for rape, with life imprisonment or the death penalty in aggravated cases (e.g., gang rape, assault on minors). This clause should also include mandatory psychological evaluation and rehabilitation programs for offenders.

3. Strengthen Victim Protection and Support (Criminal Procedure Code, Section 164A)

   • Current Issue: Survivors often lack adequate protection and support during the legal process.
   • Proposed Amendment: Section 164A of the Criminal Procedure Code should be expanded to include provisions for:
     • Immediate access to medical and psychological care.
     • Confidentiality protections to prevent the identity of the survivor from being disclosed.
     • The establishment of a survivor support fund, financed through fines imposed on convicted offenders.

4. Establish Fast-Track Courts (Article 21, Constitution of India)

   • Current Issue: Delays in legal proceedings exacerbate the trauma of survivors and undermine the pursuit of justice.
   • Proposed Amendment: Article 21, which guarantees the right to a speedy trial, should be operationalized through the establishment of dedicated fast-track courts for sexual assault cases. These courts should aim to resolve cases within six months, with provisions for extending this period only in exceptional circumstances.

5. Education and Awareness (Protection of Children from Sexual Offenses Act, 2012)

   • Current Issue: Lack of awareness about sexual consent and rights leads to the perpetuation of rape culture.
   • Proposed Amendment: The Protection of Children from Sexual Offenses Act should include a mandatory curriculum on sexual education in schools, covering topics such as consent, bodily autonomy, and respectful relationships. This education should be extended to community programs for adults.

Implementation of Stricter Laws To ensure that these laws are not merely symbolic but actively enforced, the following measures should be taken:

1. Training Law Enforcement (Police Act, 1861)

   • Current Issue: Law enforcement officers often lack the training to handle sexual assault cases with the necessary sensitivity and expertise.
   • Proposed Amendment: The Police Act should mandate specialized training for all officers in handling sexual violence cases, including understanding trauma, proper evidence collection, and survivor support. Annual refresher courses should also be required.

2. Judicial Reforms (Judiciary Reforms Bill, Proposed)

   • Current Issue: Judges and prosecutors may lack the specific knowledge required to adjudicate sexual assault cases effectively.
   • Proposed Amendment: A Judiciary Reforms Bill should be introduced, mandating that judges and prosecutors handling sexual assault cases undergo specialized training. The bill should also require periodic performance reviews to ensure that justice is being served efficiently and fairly.

3. Government Accountability (Right to Information Act, 2005)

   • Current Issue: There is often a lack of transparency in how sexual assault cases are handled by the government and judiciary.
   • Proposed Amendment: The Right to Information Act should be expanded to include mandatory disclosure of case progress and outcomes in sexual assault cases. Annual reports on the effectiveness of sexual assault laws should be published and made accessible to the public.

4. Public Involvement (National Legal Services Authority Act, 1987)

   • Current Issue: Public awareness and involvement in holding the legal system accountable are often limited.
   • Proposed Amendment: The National Legal Services Authority should launch a nationwide campaign to educate the public about their rights and the importance of legal accountability in sexual assault cases. Community watchdog groups should be encouraged, and social media can play a crucial role in amplifying these efforts.

Conclusion Our laws must be more than just words on paper—they must be tools of real justice, rigorously enforced to protect and support those who need it most. The time for complacency is over. We must push for these changes, not just for ourselves, but for every survivor whose voice has been silenced by fear and injustice. It’s time our leaders step up and make the changes that are so obviously needed. The security and dignity of countless lives depend on it.