Between 2017 and 2022, more than 270 cases of rape in custody were reported, as per NCRB data. Women’s rights activists believe that these incidents happen because law enforcement systems lack sensitivity and accountability.
The offenders include police personnel, public servants, members of the armed forces, and staff of jails, remand homes, places of custody, and hospitals, according to the data of the National Crime Records Bureau (NCRB).
The data highlights that there has been a gradual decrease in such cases over the years. In 2022, 24 cases were registered, down from 26 in 2021, 29 in 2020, 47 in 2019, 60 in 2018 and 89 in 2017.
In cases of custodial rape, which are covered under Section 376 (2) of the Indian Penal Code, it involves instances where a police officer, jailer, or someone else who has legal custody of a woman commits the crime of rape. This law specifically addresses situations where the perpetrator abuses their position of power or custody to sexually assault a woman.
Since 2017, there have been 275 cases of custodial rape reported. Uttar Pradesh has the highest number with 92 cases, followed by Madhya Pradesh with 43 cases.
“Custodial settings provide unique opportunities for abuse, with state agents often using their power to force or coerce sexual access,” Population Foundation of India, executive director, Poonam Muttreja said.
“There are instances where women taken into custody for their protection or due to their vulnerable status, such as victims of trafficking or domestic violence, are subjected to sexual violence, reflecting a misuse of power under the guise of state protection,” she said.
Ms. Muttreja pointed out that several things contribute to custodial rape, like old-fashioned beliefs favoring men, police not being trained enough about gender issues, and people feeling ashamed about victims.
She emphasized the importance of focusing on the needs of victims, improving laws, and making changes within institutions to effectively tackle the issues surrounding custodial rape. Ms. Muttreja highlighted that cases of custodial rape often occur because of unequal power dynamics and a lack of accountability within law enforcement systems.
She said such rape causes include patriarchal social norms, abuse of power by authorities, lack of gender-sensitivity training for police, and societal stigma attached to victims.
