“Stringent Laws and Harsher Punishment Alone May Not Be Enough To Prevent Crime Against Women”: Supreme Court Warned Government in Nirbhaya Verdict

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The Supreme Court, in its Nirbhaya verdict, cautioned the government that stricter anti-rape laws alone are insufficient to curb crimes against women. Despite this warning, the National Crime Records Bureau’s 2023 report reveals a rising trend in such crimes, with 4,45,256 cases registered across India in 2022.

New Delhi: Stringent laws and severe punishments against rape might not be sufficient to combat the increasing crimes against women, the Supreme Court had cautioned the government in 2017.

This warning came as the court upheld the death sentences of four men convicted in the brutal gang rape of a 23-year-old paramedic on a moving bus in Delhi in 2012. The victim, known as ‘Nirbhaya,’ succumbed to her injuries a few days after the horrific incident.

The sheer brutality of the crime shocked the entire nation, sparking widespread public outrage. In response, the government formed the Justice J.S. Verma Committee to recommend ways to make the law more stringent and effective in the future. The committee’s recommendations led to the enactment of the Criminal Law (Amendment) Act, 2013, which introduced both substantive and procedural reforms in rape laws, including the imposition of harsher penalties proportionate to the severity of the crime.

The Crime in India report, published last year by the National Crime Records Bureau, revealed that 4,45,256 cases of crime against women registered in 2022, translating to nearly 51 First Information Reports (FIRs) every hour.

This marks an increase from 4,28,278 cases in 2021 and 3,71,503 in 2020. The report highlighted that the most common crimes against women under the Indian Penal Code were cruelty by husband or his relatives (31.4%), followed by kidnapping and abduction of women (19.2%), assault on women with intent to outrage her modesty (18.7%), and rape (7.1%). Despite stringent laws, these numbers continue to rise.

Twelve years after the Nirbhaya gangrape, the horrific rape and murder of a young postgraduate doctor at R.G. Kar Medical College and Hospital in Kolkata raises the question of whether stricter laws alone are enough to deter crimes against women.

In a separate opinion from the 2017 judgment, Justice R. Banumathi (now retired) emphasized that governments, employers, and institutions ‘must take steps’ to promote gender sensitization and respect for women.

She wrote,

“Apart from effective implementation of the various legislation protecting women, a change in the mindset of society at large and creating public awareness on gender justice would go a long way to combat violence against women.”

Justice R. Banumathi highlighted the need for attitudinal change and a shift in mindset to respect women and ensure gender justice.

Justice R. Banumathi highlighted several practical measures that should be considered to enhance women’s safety. She recommended ensuring banners and placards in public transport vehicles like autos, taxis, and buses, improving street lighting, illuminating bus stops, and increasing police patrols during late hours. S

he also stressed the need for police or security guards to be stationed in dark and isolated areas like parks and streets, and the introduction and effective maintenance of mobile apps for women’s immediate assistance.








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