Gang rape of Spanish tourist in India sparks debate on prevalence of sexual violence: 'all women are at risk'

An alleged incident involving the heinous gang rape of a Spanish travel influencer in India has reignited public outrage and sparked an intense debate on social media regarding what is seen as an enduring rape culture in the country.

According to police, the woman and her husband were staying the night in the Dumka district of India's eastern state of Jharkhand when they were attacked by seven men. The woman was sexually assaulted while her husband was tied up and beaten.

The woman later shared a video on her Instagram account, describing the horrifying ordeal: "I thought they were going to kill me. Thank God I am still alive."

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Police said late on Tuesday they had arrested a total of eight men - aged between 18 and 25 - allegedly involved in the crime, with Dumka police chief Pitamber Singh Kherwar adding that authorities had "ample evidence" and would file charges.

As news of the incident spread, Indian and foreign women shared their own experiences of rape and harassment in the country, while denouncing the culture that they say continues to allow such crimes.

Many say sexual violence remains rampant in India despite previous legal reforms, and the frequency of such crimes, coupled with the lack of effective implementation of laws and societal change, underscore a systemic failure to protect women.

"I have been sexually harassed several times in India, like every woman I know who has spent time there. It tends to get press attention when the target is a foreigner. But Indian women face this issue more than anyone else," said Audrey Truschke, a South Asian historian and associate professor at Rutgers University.

Shonali Verma, a consultant at a private company in New Delhi, told This Week in Asia the fear of harassment or assault "is ever-present ... even in the company of familiar men", adding that "sexual abuse from individuals in our own circles" was not uncommon.

"To deny that India has [this] problem is to deny all of our lived experiences," said Madhura Rao, a food systems scholar at the Athena Institute of the Vrije Universiteit Amsterdam. Growing up in India left her with "so much distrust for men in public spaces" that she could not enjoy activities such as camping and going to concerts.

Sohni Chakrabarti, an associate lecturer at the University of St Andrews in Scotland, wrote on X, "I don't know a single woman who has not faced some form of harassment or worse while in India."

It has now been over a decade since the harrowing rape and murder of a young woman, Jyoti Singh, aboard a moving bus in Delhi in 2012. The tragic incident ignited nationwide protests, with demonstrators condemning the perceived inadequacies of the country's laws and law enforcement agencies.

The Indian government later implemented substantial reforms to address sexual violence, including lengthier jail sentences for rape. Initially hailed as a potential turning point for India, women's rights activists say the grim reality is that there has been minimal improvement and incidents of rape and sexual violence have continued unabated.

"We could become victims at any moment," said Verma, the Delhi consultant. "The pervasive dominance of men in society often results in the neglect or dismissal of women's issues. We're exhausted from fighting for our rights and protecting ourselves."

Nayreen Daruwalla, programme director for the Prevention of Violence against Women and Children at SNEHA, a non-profit organisation in Mumbai, told This Week in Asia that the Spanish woman's experience was truly horrific.

"It's disheartening that despite our discussions on women's empowerment, we continue to witness such appalling instances of rape and sexual assault," she said.

The activist noted that the apparent impunity enjoyed by perpetrators, particularly those in positions of political influence, sent "a clear signal that many in society believe nothing will change".

Daruwalla said Indian society had yet to fully embrace ownership of the issue. Gender-based violence is often viewed as solely a women's issue rather than a broader societal concern, hindering effective implementation of measures to address it.

"We have seen some positive changes, particularly in media representation of women. However, ensuring women's safety remains a significant challenge, particularly in communities where cultural norms restrict women's mobility," she said.

Activists cite the glaring lack of comprehensive data as a significant obstacle, with authorities seemingly hesitant or unwilling to acknowledge the full extent of the issue.

The available information paints a grim picture. The National Crime Records Bureau reported 31,677 cases of rape nationwide in 2021, an average of nearly 90 rapes reported every day, equating to one woman raped every 18 minutes - a figure that is likely only a fraction of the actual instances of sexual assault in the country.

According to the National Family Health Survey from 2016 - the most recent data set available - more than 99 per cent of rapes in India go unreported, while 47 per cent of Indian girls experience some form of sexual abuse during childhood. These statistics underscore the enduring prevalence of sexual violence against women in India, highlighting the urgent need for comprehensive and sustained efforts to address the problem.

"All women are at risk of sexual violence in India, and children as well, often subjected to abuse within their families and immediate environments. Foreign nationals are also vulnerable to such crimes," Flavia Agnes, a prominent Indian women's rights lawyer, told This Week in Asia.

The lawyer acknowledged the prompt compensation provided by the state to the Spanish victims as a positive step, but emphasised the urgent need for stricter law enforcement measures, with authorities often failing to act decisively.

Agnes also called on the government to prioritise public awareness campaigns, saying women still felt unsafe when they were outdoors.

Last year, as part of the worldwide MeToo campaign, India witnessed weeks-long protests by the country's top women wrestlers, who bravely came forward to expose alleged sexual abuse they had endured at the hands of their federation's head. The athletes demanded his resignation and called for a thorough inquiry into the allegations.

Authorities, however, have been seen to be slow to act. Activists have accused the government of favouritism, with the individual involved reportedly having close ties with those in power.

In another troubling case, 11 men convicted of raping Muslim woman Bilkis Bano during the 2002 riots in Gujarat were released following an order by the Gujarat state government, citing its remission policy.

The decision sparked widespread condemnation, with many denouncing it as a gross injustice against women, until justice prevailed when the Supreme Court in January this year reinstated the life sentences for the 11. The turn of events served as a reminder of the ongoing struggle for justice and accountability in cases of sexual violence against women in India.

Previous high-profile incidents, such as the rape of a British woman in Goa and the gang rape of a Danish tourist in Delhi, had brought the issue to global attention, prompting crucial discussions about the safety of women - both local and foreign - in India.

Several countries including Britain, the United States and France recently issued travel advisories specifically cautioning their women nationals against travel to India.

Shabnum Hashimi, a social activist, told This Week in Asia there was a prevalent atmosphere of violence and hatred in India's normalisation of rape over the past decade. She stressed the lack of accountability, contributing to a societal shift towards brutality and disrespect for women.

Hashimi highlighted distressing instances where rapists were glorified and honoured: "We have seen cases where offenders were celebrated by certain factions of society and received lenient treatment from the judiciary. This sends a dangerous message, emboldening perpetrators and leaving victims vulnerable."

According to Dr Adfer Shah, a Delhi-based sociologist, gender-based violence has its roots in how men are raised in a society where patriarchy, caste distinctions and unequal power dynamics often lead to discrimination and sexual violence against women.

Against such a backdrop, Indian men have been generalised as showing a lack of respect for women and gender equality.

"They are viewed in such a light and their intentions are questioned, as all are painted in the same light and deemed criminals. It affects the image not only of men but also of the country, as India is portrayed as unsafe," Shah told This Week in Asia.

"[It is] toxic masculinity coupled with criminal behaviour that lacks respect for gender equality, consent, fear of the law, and respect for women in society."

Lawyer Agnes stressed the importance of convictions as a deterrent to perpetrators: "Convictions send a strong message of accountability. However, the prevalence of acquittals undermines public confidence in the justice system."

She noted the profound fear experienced by survivors and their families. "Victims, especially women, are left feeling vulnerable and fearful. Incidents of sexual violence deter women from pursuing independent activities, such as solo travel," she said.

"It is imperative that society addresses these issues comprehensively."

This article originally appeared on the South China Morning Post (SCMP).

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