India: Rape victims struggle to get justice

Nevin Al Sukari - Sana'a - KOLKATA, Oct 20 — Mass protests in cities like Kolkata and New Delhi seem to finally be changing Indians’ view of sexual assault. In the countryside, however, perpetrators are still shielded by caste, power structures, and apathy.

Minors, especially minor girls, are often targeted by sexual predators in the central Indian state of Madhya Pradesh. In a small countryside town, DW met with the family of 6-year-old Masoom who was raped in broad daylight by a 27-year-old man.

Her mother Fatima recalls the horrific day: “I was cooking, and her grandmother was washing dishes. We didn’t hear a thing. My daughter was reading an Urdu lesson in the shop attached to the house, playing as she did every day. She came inside crying and told us a man had come and taken her pajamas off. She was bleeding from her private parts. We understood what had happened. He had threatened to kill her if she made any noise.”

Now, Masoom is terrified of men, including her own father.

“My daughter is so innocent and smart, yet this happened to her. She was in the hospital for over two weeks. She’s scared of her own father now. She refuses to sleep next to him,” says Fatima.

Her grandmother Sultana is worried about the long-term impact of the assault.

“She used to be so full of life and joy. That brightness has disappeared from her face since the incident. She hardly eats, and whatever little she does eat isn’t making her strong. I don’t want any other girl’s life to be destroyed like hers,” Sultana says.

Majority of child rape unreported

Masoom’s story is not an isolated case. According to new Unicef estimates, over 370 million girls and women who are alive today across the world have experienced rape or sexual assault before the age of 18.

Her family’s search for justice ended with the rapist sentenced to life in prison under the Protection of Children from Sexual Offences Act (POCSO). But such outcomes are rare. In rural India, cases like Masoom’s often don’t even make headlines.

India recorded nearly 39,000 child rape cases in 2022, but those numbers only tell part of the story. For any reported rape, many more cases go unreported as the victims and their families are silenced by intimidation, caste dynamics, and a broken justice system. Additionally, only 3% of registered child rape cases ended in convictions in 2022.

Upper-caste dominates law enforcement

Behind these numbers are victims like Chandralekha, a 14-year-old Dalit girl. Her rapist, an upper-caste man, apparently counted on the system to shield him.

“I was out selling tea when he stopped me and forced me,” Chandralekha says with her voice shaking.

Rights groups have long documented how upper-caste men use sexual violence as a weapon against Dalits, often without fear of punishment. Chandralekha’s father, Manoj Kumar has been repeatedly threatened for trying to get justice for his daughter.

“I’m under a lot of pressure, but I won’t give in. They’ve threatened to kill me. The rapist said to me, ‘I’m upper caste, you’re at the bottom.’

He uses caste-related slurs. He said, ‘You’re lower caste, and we’ll make sure you suffer,’” Manoj told DW.

Law enforcement in India is often dominated by upper caste officers.

A 2020 report found that police frequently ignore crimes against Dalit women.

In Chandralekha’s case, the police allegedly told her family to file a harassment complaint instead of a rape charge.

This allowed the accused to secure bail and continue intimidating the family. And even if the case gets to trial, his punishment will likely be lenient.

“When I asked the police to record it as rape, they refused. They only arrested him after 15 days, and that was because I called the women’s helpline. He was released on bail soon after. The police wouldn’t listen to me. They told me, ‘Why should we follow your instructions?’” Manoj said.

Modi acknowledges anger, but change comes slow

After the recent rape and murder of a doctor in Kolkata sparked massive outrage, Prime Minister Narendra Modi said India was “angry” over sexual assault.

“As a society, we must think seriously about the atrocities against our mothers, daughters and sisters,” he said in a national address.

However, critics argue that his government’s response has been largely performative.

Allegations of sexual violence continue, even against members of his own party, while systemic issues —such as poor police investigations and institutional backing for perpetrators — remain unaddressed.

Systemic failure of justice

India’s courts, especially in rural areas, are often riddled with inefficiencies, biases, and corruption. In Sarita’s case, the 15-year-old was abducted and gang raped.

Despite the police finding her attackers, justice is painfully slow. Her brother Suresh, the family’s sole breadwinner, has been repeatedly summoned by police over minor formalities.

“Every time they summon me, I have to go,” he told DW “They say it’ll take a year before any punishment. How can I support my family if I’m stuck dealing with this?”

These delays happen for a reason. According to defense lawyer Vaibhav Bhatnagar, rural courts are often overwhelmed.

“There’s only one session judge for all these cases, and families are pressured to compromise. That’s why conviction rates are so low.”

Meanwhile, families are harassed, ostracized, and pushed to drop cases.

Stigma and silence: Survivors ostracised

Perpetrators often avoid the shame of committing rape, with the stigma falling on the victims instead. Survivors like Chandralekha and her family are shunned by their communities and often forced into isolation.

“Our ration shop was shut down. We had to sell our livestock to fight this case,” said Chandralekha’s mother.

Her daughter, once a brilliant student, now stays home in fear.

Local police officer Monika Singh has made it her mission to challenge these toxic attitudes through her school outreach programs. She speaks to schoolboys and girls, demanding a shift in mindset.

“We have to get it into our heads that women are equal to men, and they deserve respect,” she tells a gathering of adolescent boys.

“If you stay silent, the perpetrator will feel like he can do more,” she warns them, urging them to report harassment.

Activists fight back

Despite the overwhelming odds, grassroots activists are pushing back against rape culture.

In towns across India, street plays focusing on sexual violence challenge deeply ingrained patriarchal beliefs. The performances confront audience with uncomfortable truths.

“This is a man’s world,” one actor says during the play. “What can you do alone?” A woman’s voice responds, “I will fight for my daughter, I will get her justice.”

These activists know the change won’t happen overnight. But every little step, including every street performance, moves the country closer to breaking the silence on sexual violence. — DW