Crime, Women and Justice delivery

 --Leena Mehendale¹

 

 

 

Abstract: The National Crime statistics as published by NCRB can be taken as a starting point for spatial analysis of crime situation in India and possible suggestions for a proper strategy to reduce the crimes. This can be further linked to the study of Justice Delivery system, sex ratio imbalance, literacy, work force participation etc. based on which a geographical thrust area can be delineated. An agenda can be set for both the govt. and activists. Such a study was not attempted so far.

An analysis of crime records for the years 1995-96-97 for 21 types of crimes under IPC and crimes 6 types against women  as done hereunder showed that:

1)     Madhya Pradesh and Maharashtra registered largest number of crimes. However, rate of crime was highest in Delhi, being at least 150% higher than in any other state.

2)     Rate of total crimes against women was highest in Rajashtan, MP, Delhi and Maharashtra.

3)     States with low crime rates are Lakshadweep, Punjab, Meghalaya, Nagaland, and West Bengal.

4)     4 states with maximum crime rate are also the states with highest rape rate. They are Delhi, Rajasthan, MP, Mizoram. A scatter diagram of total crimes Vs rapes shows a general corelation between the two. Hence increase in total crime rate should ring alarm.

5)      Punjab having low rates fot all other crimes against women has  the 5^th highest dowry death rate.

6)      West Bengal having low crime rates has surprisingly the highest ratio of crimes against women to total crimes.

7)     The lower number of crimes in some states could be on account of improper or  non- recording.

8)     States having high rates for dowry death are seen to be having low female to male ratio, particularly for 0- 6 age group as registered in the census of 2001.

9)     The NCRB must start making a separate record of organised or mass atrocities against women. This is not done as yet.

10)  In most of the states the justice delivery is unfavourable to women victims. Conviction rates for rapes are much below those for overall crimes.

 

¹ _{The author is Joint Sec to GoI working with National Commission for Women. This article is a part of her private study.  email: [email protected].}

         

The year 2001 which is the first year of the new millennium and the new century was declared by the Government of India  as the Year of Empowerment for Women. For coming years too, it will continue to be it will be the endeavour of all government agencies to discuss, strategise,  plan and implement various policies and programmes that will pave a way for accelerated development of women and lead them in the direction of empowerment.

 

What are the pre-conditions for empowerment? As analysed earlier, (Mehendale, 2001) lower crime rate and speedy justice delivery leading ultimately to freedom from violence, access to relevant education and economic opportunities are the key factors. Hence arises the importance of Crime Analysis and study of Justice Delivery Patterns.  With such a study, a few policy guidelines can be suggested.

 

 

          The situation of violence against women can be best studied by starting with the yearly reports published by the National Crime Records Bureau (NCRB) which has been playing a crucial role in creating the data –base. The Bureau has a record-collecting network throughout the country.  Every district police headquarter makes a monthly report to the state hqrs about all the crimes recorded in the district during the month. This is compiled and the state-wise data is forwarded to the Bureau. Here, monthly reports on overall crime situation in the country are compiled and selective data is published annually. Concerned government departments have to use it for focusing on areas for action.

 

          For my sample study, I selected the data of crimes reported by the NCRB during the years 1995, 96 and 97.  I compared the data for six major crimes perpetrated only against women vis-a-vi total IPC crimes

recorded under 21 different headings (including those 6 types against women).  Some important observations are as under :-

 

Crimes: During these three years the total crimes recorded in Madhya Pradesh and Maharashtra were exceeding 5.90 lacs and 5.50 lacs respectively.  The States of UP, Rejasthan and Tamil Nadu recorded crimes between 4 lacs and 5 lacs.  States recording more than 3 lacs crimes were Gujarat, Bihar, Karnataka and Andhra Pradesh.  Kerala and

West Bengal recorded more than 2 lacs crimes.  The national capital city of Delhi alone recorded more than 1.65 lac crimes and this number is higher than the crimes recorded by several States like Orissa, Assam, Haryana, etc.

·        The number of crimes committed is a useful indicator for the police who have to investigate each and every crime and take it to its logical end.  This number therefore, guides the strategy for deployment of police officials.

 

Rate of Crime: On the other hand, the academicians and sociologists have to deal more with the rate and the trend of crime.  Chart 1 compares the crime rates. It is seen that Delhi tops the country in respect of average rate of crimes per year.  It recorded an average rate of 48517 crimes per crore population.  Rajasthan comes at the second position with 32,000 crimes per one crore of population.  At third place are the States of Kerala, Pondicherry, M.P., Mizoram, Gujarat and Chandigarh recording a crime rate between 25,000 to 30,000.

·        The higher rate of total cognizable crimes in Pondicherry and Gujarat are surprising.  Pondicherry is a Union Territory on a small island with high level of education and a historical influence of French colonial days.  It is regarded as a peaceful UT.  Similarly Gujarat, which is a trade oriented state, has to be more peaceful by the compulsions of trading convenience. Kerala has also recorded high crime rates despite higher literacy and education. The higher rate recorded in Mizoram could be a result of communal insurgencies.

·        Karnataka, Tamil Nadu and Maharashtra have recorded a crime rate in the rage of 20,000 to 23,000.

·        It is pertinent to note that the erstwhile UP with a mid-decade population of 15 crores, Bihar with 10 crores and Andhra Pradesh and West Bengal with 7 crores each had a crime rate of less than 15,000 whereas some small states like Haryana, Himachal Pradesh and Jammu & Kashmir recorded a crime rate of nearly 18,000 crimes per one crore of population.

·        The higher number of crimes is a matter of concern for the Home Ministry whereas the higher rate of crime is a matter of concern for the Finance Ministry, the Planning Ministry and the Labour Ministry as the increasing unemployment in the country is a major reason for the increasing violence in the society.

·        The crime rate in Delhi is at least 150% higher than in any other state and is a matter of grave concern.  It is sometimes argued that the higher rate of crime recorded here is a result of large- scale migration from other rural areas to Delhi.  The same condition, however, prevails in Mumbai and Kolkata. These two cities also have been supplier of bread and employment and hence a crowd-puller since last many years.  The rate of growth of population in these two cities is very high and yet the rate of total crimes here is much lower than the rate in Delhi.  Hence the arguments of large scale migration and consequent increase in population would, at best, be a simplistic answer to the question of high rate of crime.  Can there be another factor responsible?  It is generally considered that Mumbai and Kolkata are the cities for the hard workers.  The amount of black money generated with the connivance of powers that be, may be quite comparable in all these three cities, however, according to popular perception, only a smaller section of populace in Mumbai and Kolkata is engaged in power-mongering, under-world management and black money generation.  Majority of population belonging to the upper-middle class and the lower strata in those two cities are considered to be hardworking, earning their bread with an honest job.  Delhi, on the other hand, is considered as a city more prone to manipulations with larger number of visitors in the corridors of power.  This perhaps could be the reason.

Crime against Women: On comparing the rate of total crimes with the rate of six crimes committed against women (rape, kidnapping, dowry death, domestic violence, sexual harassment and molestation), West Bengal shows a surprising trend. Bengal is generally considered as one of the most progressive state with a tradition of better education and better respect for women.  Stalwarts like Raja Rammohan Roy, Swami Ram Krishna Pramhans, Vivekananda and Rabindranath Tagore have contributed to the typical Bengali mentality. The society respects a woman’s search for independent intelligent pursuits.  The rate of total crime is low  and so also is the rate of crime against women. Yet, the ratio of these six crimes against women to the total cognizable crimes is highest namely 9.9% for West Bengal.  These ratios for some other States are: Tripura 8.8, Maharashtra and Andhra Pradesh 8.3 and Assam 8.1 percent.  It could be argued that the insurgencies and tensions between different castes and sub-castes in Assam and Tripura are responsible for the higher rate of crime against women.  However, the reason for higher rate of crime against women in Bengal, Maharashtra and A.P. goes against the image of these being more progressive states.

·        A comparison between the two is made on a scatter graph in Chart 2. States having higher crime rates of both types are MP, Delhi, Maharashtra, AP, Haryana, Himachal, J&K, Mizoram and Assam. However, the absence of evidence (of crimes) in many other states is not to be taken as an evidence of absence (of crime).

·        Chart 3 is a scatter graph showing  aggregate rate of total crimes  Vs rate of rape for all the 32 states and union territories. It visibly brings out a direct proportionality. Higher the rate of general crimes, higher the rape rate too. Hence increase in crimes should ring a bell among women activists. Delhi, Rajasthan, MP, and Mizoram are the states with maximum crime rate along with highest rape rate.

·        How does Bihar appear to have a low rate of crime against women? Is it because of a large scale non- reporting?  A table showing 3 year data for the 6 types of crimes against women in 57 districts of erstwhile Bihar depicts that 460 out of 1026 boxes have a “zero” entry. This indicates that in those thanas police does not register crimes against women. Even in UP a similar table for earstwhile 68 districts show that 204 out of 1224 boxes have a “zero” entry.

·        Which State has maximum rate of crimes against women?  The first four States are Rajasthan (2106), MP (2089), Delhi (2000) and Maharashtra (1752 crimes per one crore population).  All other States have recorded less than 1400 crimes per one crore population against women.

         

After 50 years of independence, the country seems to have lost two major value systems.  Strength of character was a value associated with freedom movement which has been eroded from the public life after independence.  The efficiency of administration, especially of police in dealing with crimes and criminals was considered a strong point of the British Raj.  The famous novel Anand Math depicted a scenario of faith that the British Raj would be able to take care of the thugs and pindaris then prevalent in the society.  The Britishers established a disciplined police force that effectively dealt with such thugs.  Now, after 50 years of independence we are once again faced with a question mark on the efficiency of the administration and it looks like we are heading back to the days of thugs and pindaris.

         

 

 

 

 

 

 

This is greatly manifested even in deciding whether a crime will be recorded or not. Many women activists and women commissions have noted that a large number of crimes against women just do not get reported partly because of the societal stigma against women but largely because of the attitude of the police and the investigating machinery in dealing with women victims of these crimes. The NCRB report itself states that perhaps only one out of 10 crimes against women get recorded.  Some States do not send their monthly reports to the NCRB and often do not compile these even at the state level.  Perhaps it is time to develop a new mechanism for recording the crimes; a mechanism which does not have to depend on the police machinery alone but can involve the society in a bigger way.

          While that change may take a long time, an immediately “doable” alternative is to ask the police to submit a report of “NC” cases, ie cases in which, before registering FIR, the police concludes that the case is not worth registering and closes the matter. Although NCRB mentions that per centage of such cases is only 0.4, the experience of NGOs and different commissions is otherwise.

          It is also necessary that people and NGOs demand that police gives relevant documents to the complainant as prescribed in procedure, whether in NC case or when FIR is registered.

·        Rape and Dowry Death: Among all crimes the most henious are the two crimes of rape and dowry death against women. The threat of first clips the wings of a woman ready to take up all flights into freedom and achievement. It cripples her mentally and hurts physically beyond the imagination of anyone else. Dowry death, on the other hand arises out of a mentality that denies the women equal status and respect even in supposedly “her own” house.

·        The comparison of rate of rape Vs rate of dowry death shows that barring Delhi which has high rates in both, other states with high rates of rape have low dowry deaths and vice versa.

·        Punjab shows a disturbing feature. Here the rate of  crime against women and that of total crimes are both among  of the lowest. Yet the rate of Dowry deaths is very high. The 5 states with highest dowry death rates are Delhi 128, Haryana 125, UP 123,  Punjab 75 and Rajasthan 73. This perhaps explains the high rate of female feoticide in Punjab, which, although successfully evaded in all crime recording, nevertheless shows itself through the lowest female to male ratio (FMR) in all age groups and typically in the 0-6 age group where it is most significant.

·       Quite significantly, there is a linear relationship between the low FMR in 0-6 age group as per 2001 census and high rate of dowry deaths. Chart 4 shows 20 states falling in the linear zone. Haryana and Delhi are typical examples of this. Only UP seems an exception with its high rate of dowry deaths and yet a relatively better FMR.  Another type of exceptions are Punjab, Chandigarh, Gujrat and HP having low FMR with low rate for dowry death. If it is the result of direct female foeticide or non- recording of dowry deaths, then a comparison needs to be made between these on one hand and Haryana and Delhi on the other. That, however, will be a subject for a separate article.

·       Organised Crimes: It is also noteworthy that while the NCRB is trying meticulously to keep a record of six major crimes against women, they have to quickly set-up the reporting and monitoring system for the organized crimes in general, and those against women in particular. As yet, there is no separate recording and analysis of  organised gang rapes or mass rapes, organized trafficking and sale of girl children or of their organs.  This lacunae needs to be corrected speedily.               

Map 1 and 2: Show state-wise classification of states by total crime rate and by rate of crimes against women.

Justice Delivery:  It is also necessary to consider what is the position of the justice delivery system. How effectively are we punishing the wrong doers?  It is reported that more than one crore cases are pending in various courts throughout the country. The pendency may range from 15 months to 15 years or more. Even if the oppressor is punished after such a long period will it re-establish the confidence of the victim in our democratic values ?  One of the factors which have contributed to the development of so called “powerful” countries in the world is their quick justice delivery system which ensures that the society has a tremendous sense of security and justice. In India we tend to forget that every delayed case or non-punishment to the criminal emboldens him and many others watching him to commit more crimes. Those who are responsible to maintain law and order consider themselves immune to such a danger, hence there is no sense of urgency in delivering justice or punishing the criminals.

          Let us see what is done as regards pendency of court cases. Who monitors them and how? There are registrars in the Supreme court, high courts and all district courts who keep a record of all pending cases and their  “fixing” for hearing. Aided by computer’s analytical techniques, they also prepare pendency charts. This is something similar to NCRB keeping record of all police cases. What next?

Keeping records is very different from “monitoring”.  Who monitors whether sufficient efforts are made to reduce pendency ? Or to ensure speedy delivery of justice? Or to locate lacunae in the system and suggest corrective measures?

          Are the reports of pendancy published at regular intervals? “No”. Are they discussed in Parliament from time to time? “No”. Are they presented and discussed at the levels of chief justices of Supreme court or High courts, they being the administrative heads of the machinery? “probably yes” but not within the knowledge of public. Are the reports made available to be discussed in various law schools or academic circles? ”No”. Are they sent to the Law and Justice departments of state governments? “Yes, to be stacked away”. Does public have any part in any discussion in the matter? “NO”. Are women, who are affected most by the non-delivery of justice, given any say or role in the monitoring? “A big NO”.

          The typical pendency for 1997 as per NCRB report was:

·        No. of cases pending investigation during ‘97     :: 21.96 lakh

·        No. of cases investigated  during 1997                ::16.73 lakh

·        No. of cases pending investigation on 1.1.98       :: 5.23 lakh

·        No. of CaW pending investigation during ‘97       :: 148,000

·        No. of CaW investigated  during 1997                  :: 116,000

·        No. of CaW pending investigation on 1.1.98         :: 32000

·        No. of cases pending trials in courts during ’97  :: 54.61 lakh

·        No. of cases disposed by courts  during 1997     :: 10.64 lakh

·        No. of cases pending trial in courts on 1.1.98     :: 43.96 lakh

·        No. of CaW pending trials in courts on 1.1.97    :: 2.7 lakh

·        No. of CaW added in 1997                                  :: 1.0 lakh

·        No. of CaW disposed by the courts during 1997 :: 0.75 lakh

·        No. of CaW pending disposal in courts on 1.1.98 :: 2.95 lakh

Chart 5 below shows the rates of conviction in various states in respect of rape and all crimes. States of MP, Punjab, Gujrat, J&K, AP, Kerala, TN, Rajasthan, Karnatak, Nagaland, Mizoram, show a wide gap between the overall conviction rate and that in respect of rape.  Only Goa and Sikkim indicate a fairer availability of justice for women.

This high pendency coupled with low rate of conviction in women related crimes largely indicate a need to have a fresh look at our justice delivery system. A simplistic solution is often suggested, namely, to increase the number  of courts and judges. No debate is held on the role that the prosecution and defense lawyers as well as judges must fulfill in  avoiding the redundancies and falsehoods. All that is a subject matter for another article and another movement.

Chart 1:

state	0-6 FMR	R/caw	R/totcog	10*w/T	R/rp	R/dd
Sikkim	986	1093	13596	8	131	0
Nagaland	975	266	9900	2.7	98	0
Meghalaya	975	304	9329	3.3	145	2
Tripura	975	1014	11555	8.8	281	37
Lakshadweep	974	0	5720	0	0	0
Dadra & Nagar	973	1104	24854	4.4	111	19
Mizoram	971	1278	27670	4.6	581	0
A & N Islands	965	755	12912	5.8	206	20
Assam	964	1180	14543	8.1	250	12
Andhra Pradesh	964	1238	14954	8.3	119	59
Kerala	963	950	28246	3.4	132	8
West Bengal	963	884	8966	9.9	110	18
Aruna Pr	961	941	19323	4.9	355	0
Manipur	961	447	13056	3.4	56	0
Pondicherry	958	330	27411	1.2	30	22
Orissa	950	1092	14375	7.6	176	59
Karnataka	949	755	23829	3.2	50	39
Tamil Nadu	939	741	22752	3.3	52	20
Bihar	938	383	11788	3.3	144	43
J & K	937	1356	19042	7.1	165	7
Goa	933	490	23705	2.1	113	15
MP	929	2089	26886	7.8	448	69
ALL INDIA	927	1098	18083	6.1	157	58
Daman & Diu	925	177	23835	0.7	118	0
Maharashtra	917	1752	20980	8.3	153	51
Uttar Pradesh	916	786	10620	7.4	111	123
Rajasthan	909	2106	32079	6.6	234	73
Hima Pr	897	1384	18736	7.4	220	14
Gujarat	878	889	26018	3.4	72	14
Delhi	865	2000	48517	4.1	410	128
Chandigargh	845	867	25734	3.4	95	29
Haryana	820	1181	17607	6.7	184	125
Punjab	793	363	5997	6	70	75

 

 

 

 

 

 

 

 

 

 

 

 

 

Chart 5

state	conv/rape	conv/all crimes
A & N Islands	No crime	64.7
Andhra Pradesh	22.5	37.2
Aruna Pradesh	0.0	46.6
Assam	22.3	22.6
Bihar	33.8	26.2
Chandigargh	40.0	61.0
Dadra & Nagar	0.0	27.3
Daman & Diu	0.0	18.8
Delhi	33.0	38.0
Goa	57.1	23.6
Gujarat	17.5	35.0
Haryana	27.0	37.0
Hima Pradesh	27.7	29.1
J & K	6.3	36.0
Karnataka	7.1	15.8
Kerala	21.3	32.4
Lakshadweep	no crime	33.2
Maharashtra	18.9	18.2
Manipur	0.0	0.0
Meghalaya	25.0	56.4
Mizoram	60.0	94.0
MP	26.7	46.5
Nagaland	50.0	82.8
Orissa	19.1	11.3
Pondicherry	50.0	92.6
Punjab	29.2	37.5
Rajasthan	27.0	50.1
Sikkim	100.0	73.7
Tamil Nadu	32.0	63.9
Tripura	10.4	10.1
Uttar Pradesh	50.0	51.3
West Bengal	14.1	21.9
ALL INDIA	28.2	38.3