It’s a pattern as predictable as it is disheartening: a horrific incident of sexual violence captures the nation’s attention, there is an outcry, and politicians respond — not with comprehensive policy reforms but with high-profile legal amendments. These responses, often in the form of harsher penalties such as capital punishment, serve more as a balm to public outrage than as effective deterrents to crime. By resorting to emotionally charged but ultimately superficial solutions, politicians satisfy the emotional ledger of justice in the short term and avoid the evidence-based approaches necessary for addressing the deeper, systemic issues that perpetuate violence against women. The illusion of justiceA prime example of this pattern is the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024, passed by the West Bengal Assembly on September 3, 2024, with unanimous support. Tabled by Chief Minister Mamata Banerjee and Law Minister Moloy Ghatak, the Bill introduces severe penalties, including life imprisonment without parole for rape convicts and capital punishment if the crime results in the victim’s death or leaves her in a vegetative state. These legislative actions taken after the recent heinous crime in Kolkata, where a 31-year-old trainee doctor at RG Kar Medical College and Hospital was tragically raped and murdered, are eerily reminiscent of the responses to the 2012 Nirbhaya case. Dubbed “Abhaya” by the local media, symbolising “fearlessness”, her case had reignited nationwide protests similar to that which followed the Nirbhaya tragedy. In 2013, the overwhelming national grief and anger had led to the introduction of the Criminal Law (Amendment) Act, which significantly stiffened penalties for sexual assaults, including imposing life imprisonment and the death penalty for the most egregious offenses. These amendments sent a clear and forceful political statement, underscoring a zero-tolerance policy towards sexual violence.However, despite these legislative amendments, the expected deterrent effect has not materialised. TMC MP Derek O’Brien recently reflected poignantly on this issue, stating that “between the 2012 Delhi rape and RG Kar, little has changed”, highlighting the grim reality that despite legal reforms, the frequency and brutality of sexual violence remain alarmingly high. Journalist Rohini Mohan echoes this sentiment, noting that “Harsh punishment alone has not made women safer,” and pointing to the lack of effective enforcement and the persistently low conviction rates, largely due to poor investigations and legal procedures.This failure is underscored by data from the Ministry of Statistics, which shows that only 2.56% of all rape cases in 2022 led to convictions. The severity of punishment is undermined by the inefficiency in the judicial process, demonstrating that harsher laws alone are not sufficient.Breaking the cycleHarsher punishments don’t yield positive outcomes, yet there is little scrutiny of how politicians manipulate legal frameworks to appease public sentiment rather than instigate genuine change.It is not that lawmakers are oblivious to the systemic issues at play; rather, they engage in a form of political cost-benefit analysis, where the immediate marginal utility of quelling public anger outweighs the more substantial but less immediate benefits of comprehensive interventions. As economists often note, the rational actor tends to make decisions at the margin, prioritising short-term gains over long-term solutions.This approach is partly also because women’s safety has rarely been a significant voter priority, except in the immediate aftermath of the Nirbhaya case, which also coincided with widespread dissatisfaction with the then incumbent Delhi government. Mamata Banerjee failed to handle situation, should resign: Nirbhaya’s mother on Kolkata rape-murder Politicians are acutely aware that, instead of policy substance, emotive factors like identity politics, regional pride, nationalism, and welfare announcements typically drive voter behaviour. This understanding incentivises them to propose measures that, while emotionally resonant, serve primarily to pacify public outrage, even if these measures lack empirical support or long-term efficacy. By focusing on harsher punitive actions, politicians can project a tough-on-crime image while sidestepping the more arduous task of addressing the root causes of violence against women. Therefore, the public’s response needs to evolve. Public pressure should not just be about demanding harsher punishment; it must also extend to pressing for the proper implementation of existing laws and resolving the systemic issues that allow such crimes to perpetuate. It requires ensuring that the judiciary is efficient and just, law enforcement is competent and unbiased, and public policies go beyond punitive measures to preventative ones. As Vimala KS, vice-president of the Karnataka state chapter of the All India Democratic Women’s Association, argues, the current legal framework is sufficient to control violence against women, as long as it is supported by reliable police procedures, like “serious inquiry, protection of witnesses, safeguarding the crime site, and protecting the evidence.”The public also needs to hold the government accountable for its failure to prioritise building inclusive and safe public infrastructure, which further compounds the problem, leaving women vulnerable to violence. As the WRI India report on Women’s Safety points out, what is needed are practical solutions like better-lit streets, safe toilets, frequent public transport, and responsive policing.As Nelson Mandela reminds us, “It is in your hands to make a better world for all who live in it.” It is incumbent upon us, ‘We the people of India,’ to ensure that women’s safety becomes a persistent electoral and societal concern. Only then can we transform the law into a true instrument of justice, not just a political token exchanged in moments of public outrage. Let this be the legacy we choose to create: not one of fleeting responses, but of enduring safety and equality for all.(Jehosh Paul is a lawyer and former political consultant. He holds an LLM in Law and Development from the Azim Premji University)Kolkata’s own Tahrir Square moment: City of joy turns into city of righteous anger
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