“Hey Bharatha Matha! look how your daughters are being sexually assaulted” Kirubakaran J. on rise in Sexual Violence

Five years after the Nirbhaya gang rape that took place in Delhi, Justice N Kirubakaran of the Madras High Court has passed an impassioned order on the topic of sexual violence against women..In an order passed yesterday, the judge directed the state to file its reply on the factors contributing to the prevalence and rise of sexual offences in the country..The main matter being heard by the judge related to the gang rape and murder of a mentally challenged 60-year-old woman at Soundaralingapuram village, Tamil Nadu. Two major persons, along with two other juveniles were accused of having stoned the woman to death after having raped her..A bail application moved by the two major persons was rejected by the Madurai Bench of the Court in February this year. However, the Court had kept the petition pending in public interest..Expressing his revulsion at the sexual violence involved in the instant case and numerous other reported incidents, the Judge remarked in his order,.“Hey Bharatha Matha!! look how your daughters are being molested, sexually assaulted and murdered by some of the devilish creatures roaming in your land. The said culprits could neither be termed as ”human beings” nor as ”animals”, as even animals are noble in their own way.”.… This case only reflects as to how the women in Indian society are continued to be harassed in spite of many stringent laws.”.It was observed that while India may have leaped forward economically and sociologically, sexual violence against women and children are increasing day by day alarmingly. The order cites statistics from the National Crime Records Bureau (NCRB), according to which, cases of sexual offences against women in the country have increased from 34,651 in 2015 to 39,068 in 2016..In this light, Justice Kirubakaran opined that urgent measures are warranted to counter the same..He has, therefore, posed a list of questions oriented around the causes for sexual violation, feasibility of certain measures to prevent/counter them and the difficulties faced in the reporting and investigation of sex crimes..Notably, he has asked the state authorities to file its reply on whether factors such as alcoholism, viewing of porn, skewed sex ratios and sex starvation among Indian men due to a culture of prohibition have any nexus to the rise of sexual violence..With a view to balance out such tendencies, the Court has queried as to the feasibility of introducing age appropriate sex education in educational institutions, counselling services and moral education for children, particularly boys. The Court has also asked why measures may not be taken to identify and rehabilitate students exhibiting tendencies to commit such crimes including those with ant-social and narcissistic personality disorders,.Among other suggestions made, the Court has also asked by CCTV cameras should not be installed in public places to counter such crimes. In the same vein, he has also asked the state to consider providing modern devices/gadgets to women in order to protect themselves in the face of sexual violence..In all, the Court has posed the following twenty five questions to be answered by the concerned authorities on the next date of hearing on January 10, 2018..What are all the reasons for increase of sex crimes against women and girl children in India?What are all the problems faced by the police authorities while dealing with the complaints involving sexual violence against women and girl children?What is the rate of conviction in rape cases throughout the country and Tamil Nadu for the past 10 years?What are all the steps taken including making use of latest technology like DNA finger printing in cases of offences against women and girl children?Why not the Central and State Governments install CCTV cameras in public places to have surveillance to prevent offences and detect the offenders in case of commission of offences?Why not the Central and State Government establish centre for DNA Finger Printing and Diagnostics (CDFD) to investigate crimes effectively and prove the culpability of the offenders in India which is the second populous Country with thousands of offences committed every minute?Whether the victims of sexual violence are given proper counselling and support system to overcome the trauma and mental agony and paid compensation?Is it a fact, inspite of rise in complaints of sexual violence, many cases are not reported by the victims fearing stigma and exclusion by society and family?Whether alcoholism is one of the main reasons for spurt in offences against women and children?Whether sexual violence against women is due to fall in sex ratio due to female infanticide and foeticide?What are all the reasons for gang rapes of women including toddlers, as more such cases are reported in the recent times?Whether more sexual violence against women is due to “sex starvation” among Indian men in view of various prohibition/prescription regarding sex on the ground of culture, religion, morality and ethics?Whether sex offences/crimes against women and girl children are due to lack of knowledge and understanding about sex?Are sex crimes, especially rape is committed due to the wrong impression of the male that women are their objects of pleasure and to prove their dominance and control over women?Is it a fact that the rise in sex crimes is due to easy accessibility and availability of pornographic materials through internet and smart phones which are easily available to all?Is it a fact that now-a-days films and serials shown in the television give tips/clues/ideas for the men, especially, youngsters and juveniles to indulge in sexual violence against women and girl children?Whether the Central Government and the State Government have taken steps to introduce “Age Appropriate Sex Education” in school curriculum itself to educate students/youngsters about sex to clear their doubts and wrong notions?Why not the Central Government and the State Government include a subject ‘Moral Education‘ to teach moral and ethical values and equality of women and girl children in the society to the students especially to boys?Why not the Central Government and the State Government sensitise the public, especially young men about the punishment and stringent laws for sexual assault on women and children?Why not the film stars and celebrities, prominent personalities in the society be roped in, to advise the boys and youngsters to treat the women and girl children equal to men and boys by way of short films, issuance of pamphlets, commercial advertisements, seminars, lectures, etc.?Why not Central Government appoint a committee/commission headed by a retired Supreme Court Judge with Psychiatrists, Psychologists, Andrologists, Sociologists, Anthropologists, Women activists, Advocates, retired police officers, men of eminence to look into the various reasons especially psychological/mind connected reasons for increase in Sex crimes against women and children and to give recommendations suggesting remedial and preventive measures to be taken by the Central Government including suitable amendment in laws?Why not the Government appoint well trained counsellors/psychologists in every school or for 5 schools, so as to note anti-social and narcissistic personality disorders and identify potential sex offenders and give appropriate counselling with the co-operation of the parents discreetly, to avoid stigma on the children?Whether all the States and Union Territories formulated a uniform scheme for providing victim compensation in respect of rape/sexual exploitation of physically handicapped women as per the directions of the Hon’ble Apex Court in Tekan @ Tekram v State of Madhya Pradesh?Is it a fact that many false complaints alleging sexual assault are being filed for various reasons to wreck vengeance against the opposite party?Why not Government distribute modern devices/gadgets to women which could be used by the women at times of distress or while facing sexual violence?