Justice delayed is justice denied. In Renu Sharma’s case, justice was not only delayed but it was almost as if the whole system had conspired against her, ultimately forcing her to commit suicide last year. Delhi-based Sharma was allegedly molested by her tenant. Although a case was registered at the Delhi Cantonment police station, the police did not arrest the tenant. Only after a metropolitan magistrate (MM) took cognisance of a letter by Sharma was the accused arrested. He, along with others, started harassing her soon after he came out on bail. Sharma waited for four long years for justice, but only faced harassment, humiliation and hopelessness.

“Had the case not dragged on for four years and the criminals who molested her not been let out on bail, my daughter would have been alive today,” says Jagat Singh, her father.

Cases of molestation have hogged the headlines in recent times in almost every part of the country and more often than not molesters go scot-free.

Despite the reluctance of molestation victims to approach the police, the National Crime Records Bureau (NCRB) says such cases form 22.2 per cent of the total number of cases reported by women, the second highest. Cases of cruelty by husbands and relatives account for 38.3 per cent of the cases reported.

According to the NCRB statistics, in cases of molestation, only 30.7 per cent of offenders who are charge sheeted are convicted in the country. The figure for some states like West Bengal, Gujarat and Karnataka is even lower. For instance, in West Bengal the conviction rates are as low as 11 per cent.

It is against this backdrop that the women and child development (WCD) ministry is mulling fast track justice for molestation victims. Besides fast track courts to handle cases of molestation, the ministry has also proposed that cases be concluded in just two hearings. This was discussed at a meeting the minister, Renuka Chowdhury, had with various ministry officials and legal experts recently.

“We are consulting the state governments on the issue and the focus will be on making the law as women-friendly as possible, especially at a time when they need the law enforcement forces on their side,” says a WCD ministry official.

While experts have welcomed the proposals, they are also asking the government to exercise caution. “Fast track courts or even the proposal to dispose of cases fast are good. However, it is important not to lose sight of the seriousness of the issue by dealing with it in two sittings,” says Rukmini Sen, lecturer at the National University of Juridical Sciences, Calcutta.

According to Sen, the fast track system could also result in a gradation of cases involving violence against women. “Molestation is considered to be a milder form of violence than rape and therefore it can be solved faster. The effort should be to look at violence against women holistically by taking comprehensive steps to address the problem,” she says.

“Fast track courts, especially in molestation cases, can ensure speedy justice to victims,” says Annie Raja, general secretary of the National Federation of Indian Women (NFIW), Delhi. But Raja also says the hearing should be time bound rather than “sitting bound”.

“It will not serve any purpose if one court sitting takes place in 2008 and the next in 2010. Secondly, the system should not lead to denial of justice,” she says.

Still, not everybody is convinced about the system of fast track courts. “The government should not lose sight of the fact that even if the courts are ready, it is the police and the prosecution who are responsible for presenting a water tight case against an alleged criminal within the stipulated time. And if these people fail, fast track courts will have no meaning,” says Sandeep Sankhla, a Delhi-based criminal lawyer.

The experts have demanded some changes to the existing laws. “The laws that we currently have to tackle molestation — Section 354 and Section 509 of the Indian Penal Code (IPC) — are extremely value-laden provisions on indecency and outraging the modesty of women. These provisions themselves need to be looked into for proper assessment of the cases,” says Sen.

The WCD ministry is also consulting the law ministry and the state governments to change the definition of molestation under Section 354 of the IPC. The National Commission for Women has suggested that molestation be defined as “touching a woman with a sexual purpose without her consent”. The ministry is also thinking of increasing the punishment for molestation.

While rigorous imprisonment of up to seven years has been proposed for habitual offenders, a minimum of two years has been proposed for first time offenders. Currently, the maximum punishment for molestation is two years.

Some activists are asking the government for an alternative system of justice for women in the country. “We have been demanding a fast track alternative court system for women. Unless it is established, women will not be able to get justice from the lengthy, slow and expensive judicial system in India,” says Ranjana Kumari, director, Centre for Social Research (CSR), Delhi.

While the steps proposed have been generally welcomed, experts say the police have to deal with such cases sensitively. “The police must be willing to lodge first information reports (FIRs). This is the first major legal hurdle that women have to cross. Laws are in place to bring the guilty to book, but in this case at least what is required is proper implementation,” says Sen.

“My experience of being a part of a women’s organisation in the city is that the police are extremely suspicious about women who come with such complaints,” she says.

“A constable or a sub-inspector is the first point of contact for a woman who wants to lodge a complaint. Most constables are educated till Class X. Their limited understanding makes them extremely insensitive towards women. So when they come across a woman, they consider her a culprit and not a victim,” says Kumari.

Kumari adds that since law enforcement is a state subject, it is the state government’s responsibility to undertake police training. Unless the government takes a holistic view of the problem and sensitises the system of law and justice and its approach to violence against women, victims like Renu Sharma will continue to suffer.