Several studies, in India and abroad, have revealed that a majority of sex criminals are repeat offenders.
The conviction rate for rape among the bigger states ranges between 10% and 16% for Gujarat, Karnataka, Andhra Pradesh and West Bengal while it is lower than 10% in Jammu & Kashmir. All other major states fare better than Maharashtra.
Several studies, in India and abroad have revealed that a majority of sex criminals are repeat offenders. A 2010 news report mentions a study by Swarnchetan, an NGO dealing with rape cases, which showed that nearly 70% of rape accused inmates in jails were repeat offenders. That is a telling statistic on just what the cost of a low conviction rate can be.
A look at data from the National Crime Records Bureau (NCRB) shows that Maharashtra ranks among the 10 worst states in terms of conviction rates for most offences against women. These include insulting the modesty of woman, dowry deaths and cruelty by husbands or their relatives.
Barely one in every 11 person, chargesheeted for assault on a woman with intent to outrage her modesty gets convicted in Maharashtra . The national average is almost one in four. Among the bigger states, only Gujarat , Karnataka and Jammu & Kashmir have a poorer record on this count.
In cases of insult to the modesty of a woman, nearly 95% of those accused walk free after trial in Maharashtra . Again, only Assam, Bihar and Karnataka among the major states fare worse. The all-India average conviction rate under this offence is 36.9%.
When it comes to offences under IPC section 498A, which deals with cruelty by a husband or his relatives, not even one in every 50 accused gets convicted in Maharashtra . This is just a little over one-tenth the national average of 15%. Maharashtra's 16.9% conviction rate for dowry deaths is also close to half the national average of 32.3%.
Of course, this is not to suggest that the rest of the country is doing a wonderful job of punishing those accused of crimes against women. The national average of conviction rates for IPC crimes against women is just 21.3%, which means almost four out of five accused walk free. It is also much lower than the 38.5% overall conviction rate for all IPC crimes.
The Justice Verma Committee, constituted to recommend amendments in criminal law to speed up trails in cases dealing with sexual offences against woman, also noted the abysmally low conviction rates for crimes committed against woman. The report observed that even today the victimized woman, rather than the rapist, is put to trial. by Timesofindia
What is 498a?
Indian Penal Code 498a allows a woman and her family to make a written false complaint of dowry harassment to the police which results in the husband, his parents and relatives being immediately arrested without sufficient investigation and put behind bars without bail. Even if the 498a threat is false, you are presumed guilty until proven innocent.
498a can only be invoked by the wife or her relative. Most 498a cases are mere blackmail attempts by the wife or her close relatives. In most cases, a demand for a large sum of money is offered to the husband in exchange for settlement of the case out of court. There have been countless instances where, without any investigation, the police have arrested elderly parents, unmarried sisters, pregnant sister-in-laws and even 3 year old children. A typical case takes approximately 5-7 years and the conviction rate is only 2%.
There are fundamental problems with 498a in that it is 100% gender biased and singles out men as perpetrators of domestic violence and assumes that only women are victims.
In the United States domestic violence laws are gender neutral and provide protection to the victims, both men and women. If you reside in the United States please call us at (855)-WHY-498A today to set up an appointment with Mrs. Desai to provide you with a plan of action.
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