The fear of conviction deters sexual violence

Ensuring swift and severe punishment, and public condemnation can help protect children and women

On February 11, 2019, a local court in Sikar, Rajasthan sentenced a 28-yearold man to life imprisonment for raping a four-year-old girl. This was among the most expedited convictions in a Protection of Children from Sexual Offences (POCSO) case where the accused was held guilty within 12 days of filing the First Information Report (FIR).

In our experience of working with survivors of sexual abuse in Madhya Pradesh (MP) over the last decade, we realised that the only way to prevent sexual violence against children and women is through faster convictions and by ensuring that the maximum number of sexual offenders get punished.

Sexual violence against women and children remains one of the most pervasive human rights violations. In 2016, the number of reported cases of crimes against women in MP was 26,604; for children, the number stood at 13,746 . Most victims do not report cases of abuse due to fear and a general lack of trust in authorities.

The solution is rooted in the psychological concept of “deterring demand”. Experts believe that while multiple programmes and interventions can be designed to assist the victim and prosecute the offender, the victims remain mentally scarred throughout their lives. But can deterrence prevent the crime before it’s committed? Deterrence is a theory in behavioural psychology about preventing or controlling actions and behaviour through fear of punishment or retribution.

We believe that it can be achieved through factors such as higher probability of arrest and conviction, severity of punishment and public condemnation.

My experience in MP for over a decade shows that capital punishment can lead to underreporting of such cases. But the news about fast convictions of criminals and a higher rate of convictions does deter offenders. Some of the basics required in order to do that are: Training of police officers to file the correct charge sheet, mentioning the POCSO Act in the FIR; sensitising the legal fraternity to get faster convictions; supporting the survivors through legal aid; better funding and setting up of more POCSO courts to decrease the case-pendency rate across all states.

Ashif Shaikh is convener of Rashatriya Garima Abhiyan

and has led campaigns for eradication of the practice of manual scavenging and empowerment of Dalits, especially Dalit-muslims and women

The views expressed are personal