In the time span from 2017 to 2022, there were over 270 recorded instances of rape transpiring in custody, as per data provided by the National Crime Records Bureau (NCRB). Activists advocating for women’s rights attribute these occurrences to a deficiency in sensitization and accountability within the law enforcement systems.
The wrongdoers implicated in these cases encompass not only police personnel but also public servants, members of the armed forces, and individuals working in jails, remand homes, places of custody, and hospitals, as detailed by the NCRB data.
The data underscores a gradual decline in such incidents over the years. In the year 2022, there were 24 cases registered, a decrease from 26 in 2021, 29 in 2020, 47 in 2019, 60 in 2018, and 89 in 2017.
Custodial rape cases are documented under Indian Penal Code section 376 (2), specifically addressing rape committed by a person in a position of authority or custody, such as a police officer or jailer, against a woman. This section pertains to instances where the perpetrator exploits their authoritative position to commit the crime of rape.
Out of the 275 cases recorded since 2017, Uttar Pradesh takes the lead with the highest number of cases at 92, followed by Madhya Pradesh with 43 cases. Poonam Muttreja, the Executive Director of the Population Foundation of India, remarked on the unique opportunities for abuse presented in custodial settings, where state agents leverage their power for coercive sexual access.
Muttreja highlighted instances where women, taken into custody for protection or due to their vulnerable status, such as victims of trafficking or domestic violence, are subjected to sexual violence—a misuse of power under the guise of state protection.
The complexity of factors contributing to custodial rape includes patriarchal social norms, insufficient gender-sensitivity training for law enforcement, and the stigma surrounding victims, according to Muttreja. She emphasized the pressing need for a victim-centric approach, fortified legal frameworks, and institutional reforms to effectively address the root causes and consequences of custodial rape.
Muttreja stated that reported cases of custodial rape manifest power imbalances and a lack of accountability within law enforcement systems. Factors such as patriarchal social norms, abuse of power by authorities, inadequate gender-sensitivity training for police, and societal stigma contribute to an environment where these heinous crimes occur, often unreported or unaddressed.
To tackle the root causes and consequences comprehensively, Muttreja suggested a multi-faceted approach by the government, encompassing legal reform, improved training for law enforcement, social and behavior change communication to alter social norms, and stronger accountability mechanisms. Collaboration with NGOs, civil society, and community groups was also advocated to create a more inclusive and informed response.
Reflecting on experiences as a Nguvu Change Leader from the women’s leadership organization Nguvu Collective, Pallabi Ghosh shared distressing accounts of survivors alleging rape by police officers during rescue operations. Ghosh highlighted the prevalent culture of impunity and victim-blaming within law enforcement as a hindrance to survivors seeking justice.
Expressing frustration over the difficulty in filing complaints for custodial violence, Ghosh emphasized the critical need for sensitization and awareness among police personnel, coupled with legal mechanisms to hold perpetrators accountable. She underscored that convictions of police officers for custodial rape are essential for justice to prevail.