What the Delhi Rape Trials Mean for India's Women

The country must prove that it can routinely and effectively prosecute rapists, even when it's not in the international spotlight.
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Dozens of activists protested against a recent gang rape and murder of a 20-year-old college student at Barasat area on the outskirts of Kolkata. (Rupak De Chowdhuri/Reuters)

Today the Juvenile Justice Board in Delhi, India was supposed to deliver the verdict against the youngest of the six men accused of gang-raping a 23-year old physiotherapy student while she was riding on a bus on December 16, 2012. The accused was 17 at the time of the rape and turned 18 last month. Police reports indicate that the defendant was allegedly the most brutal of the men involved. However, according to the provisions of India's Juvenile Justice Act, the maximum sentence possible for a minor is three years in custody, including time already served. In a dramatic turn, India's Supreme Court is now considering changing the legal definition of a juvenile in response to this case. The verdict has been delayed until August 5 of this year.

The rapists transformed a bus -- a symbol of the city's infrastructure and modernity -- into a place of unimaginable savagery.

This news sets the stage for the rest of the Delhi rape trials and suggests that the five remaining adult defendants will receive harsh sentences from the courts. The Indian government is keenly aware that this particular case is being scrutinized by the entire world. In fact, the Delhi High Court has allowed foreign media to cover the court proceedings. But while the judicial system is moving swiftly and heavy-handedly to mete out justice in this case, it is unclear what these verdicts will mean for the future of women's rights in India in cases that garner less international attention. Meaningful change in India would require a sustained commitment to reforming the dysfunctional criminal justice system that allows this type of sexual violence to occur in the first place.

Brutal rapes happen every day in Indian villages and cities. Looking back, it is unclear why this rape in particular sparked such unprecedented international media coverage. Perhaps it is because this victim did not look very different from women in any other modern metropolis. She came from a middle class family that had made sacrifices so that she could go to college. As a student in Delhi, she enjoyed doing things that Western audiences can relate to, like going to a mall with a friend to watch Life of Pi.

Perhaps it was the public nature of this crime that caught the world's attention: The rapists brazenly attacked the victim on a bus moving through their bustling city. Once the victim was on the bus, five men knocked her friend unconscious and then took her to the back to rape her. In doing so, the rapists transformed a bus -- a symbol of the city's infrastructure and modernity -- into a place of unimaginable savagery.

Perhaps it was simply the sheer barbarity of this act that made us pause in disbelief during the lull before the holiday season. On December 23, 2012, it was hard to ignore the news that the victim had died of her injuries. The doctors say that the rapists penetrated her so brutally, at times with an iron rod, that only 5 percent of her intestines remained inside her abdomen afterward.

While the world rightly watched in horror as the details of this case unfolded, the more disturbing reality is that this rape represents a much larger problem in India. In the months after her death, stories trickled in of dozens of other women and girls who have been raped under similar conditions. Reports of rape are going up in Delhi. Many of these other cases involve the rape of villagers and children: women and girls who have not elicited as much empathy or attention from the international community. More alarmingly, the crimes perpetrated against these women and children are not routinely brought to justice within the Indian courts.

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Elizabeth Segran

is a writer based in Cambridge, Massachusetts. 

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