Breaking the Cycle of Injustice in the Malayalam Film Industry – PART 2

Despite progressive legislation aimed at protecting women’s rights, there remains a significant gap between laws and their implementation in India. This blog focuses on the necessity of training police personnel, addressing the shortcomings of women-specific law enforcement units, and confronting systemic biases within law enforcement.

Mandatory Training for Police Personnel

The inadequate training of police personnel in laws pertaining to women’s rights remains a major barrier to justice. Many officers are not adequately trained on crucial legislation like the Protection of Women from Domestic Violence Act, 2005 and the Sexual Harassment of Women at Workplace (Prohibition, Prevention, and Redressal) Act of 2013. Making this training mandatory is essential to ensure proper handling of cases involving women.

The Underutilization of Special Women Cells

Special women cells were intended to address women’s grievances, but they are often under-resourced and underutilized. Data suggests that women constitute only a small percentage of the police force, and these cells operate below capacity due to insufficient staffing and resources.

The Issue of Police Inaction and the Role of the Judiciary

Inaction from law enforcement agencies is another significant problem in ensuring justice for women. In many instances, police officers either ignore complaints or fail to conduct proper investigations. Not only did the police fail to conduct an investigation, but they also neglected the basic responsibility of acknowledging receipt of the report or stating whether they agreed or disagreed with its content. Given the severity of the situation, the police should have held a press conference to inform the public and media about the gravity of the report. Unfortunately, they fell significantly short in fulfilling this duty. This can affect the faith of the public in the state machinery and discourage any further reporting.

While this is not ideal, despite the Supreme Court’s ruling in the Lalita Kumari case, which mandates the prompt filing of an FIR for cognizable offenses, many police departments fail to uphold this obligation effectively.

Rethinking Indicators of Women’s Empowerment

It might be assumed that higher literacy and life expectancy rates directly correlate with greater empowerment for women, but unfortunately, these metrics do not accurately reflect how easily women can access justice or pursue it to its conclusion without fear of retaliation. The hesitation to report incidents of violence and harassment stems not only from personal reluctance but also from systemic failings.

Traditional indicators of empowerment, like literacy rates and life expectancy, fall short in capturing the real challenges women face in accessing justice. True empowerment must include a woman’s ability to navigate the legal system and seek justice without fear. Thus, a broader definition of empowerment is needed—one that takes into account women’s lived experiences in seeking justice and their ability to influence legal processes.

Aversion to Women’s Laws and its Implications

Another critical aspect is the growing aversion to laws designed to protect women. There is a troubling trend of courts and parliament diluting many of these laws. Reports show that in attempts to balance perceptions of fairness, some provisions aimed at protecting women have been weakened, creating loopholes that can be exploited by perpetrators.

Over the last decade, the weakening of laws such as Section 498A of the IPC (dealing with cruelty to married women) due to concerns of misuse has had significant negative effects. Data from NCRB shows that conviction rates in domestic abuse cases dropped from 15% in 2015 to 9% in 2022. This dilution of laws not only undermines the protections available to women but also sends a dangerous message that their rights are negotiable. Such developments can discourage women from reporting crimes, fearing that the very laws intended to protect them might be turned against them.

The Impact of Misinformation and Fake Cases

The assertions regarding false cases are made without any empirical data or research findings that could substantiate the alleged misuse of the law. Most of these opinions are not based on in-depth investigation, informed debates, or proper application of mind. These ill-informed claims of misuse arise from patriarchal anxiety, which sees this law as an instrument that destabilized the power structure in the hierarchical arrangements. The narrative surrounding fake cases has also significantly impacted women’s agency. Misinformation about the prevalence of false allegations can create an environment of skepticism towards legitimate complaints. This stigma can deter women from coming forward, leaving many aggrieved trapped in silence and despair.

Moving Forward: A Call to Action

Reporting such crimes is a brave act, one that requires immense courage in the face of a system that frequently turns a blind eye. The current state of affairs in addressing crimes against women reveals systemic failings that facilitate rather than mitigate such crimes. The reluctance to report incidents of violence is not merely a personal decision; it is a consequence of systemic neglect, misinformation, and the fear of inaction from law enforcement.

For meaningful change to occur, it is vital that we not only enhance training for police personnel but also advocate for robust mechanisms that ensure women’s voices are heard and validated. We must push for accountability within law enforcement agencies and challenge the narratives that undermine women’s rights. Only then can we create an environment where women feel empowered to seek justice without fear of reprisal or neglect.