[Answered] Examine the principle that consent is fundamental in addressing sexual violence. Justify the necessity of complete intolerance of such crimes and holistic support for survivors.

Introduction

According to WHO, 1 in 3 women worldwide experience sexual violence, yet conviction rates remain low (India’s NCRB: 27–28%). Centring consent in law and society is essential to ensure sexual autonomy and justice.

Consent as the Cornerstone in Addressing Sexual Violence

  1. Consent affirms bodily autonomy and agency: Sexual violence is fundamentally a violation of autonomy, not sexuality. France’s new law (2025) defines rape as any sexual act without consent, shifting focus from “force used” to absence of voluntary agreement.
  2. Moving beyond patriarchal conditioning: Historically, laws conflated rape with “modesty loss” rather than violation of dignity. The Criminal Law (Amendment) Act, 2013 in India introduced the definition of consent (Sec. 375 IPC) as “unequivocal and voluntary agreement.”
  3. International normative framework:  UN Women promotes “Consent-based legal standards,” aligned with CEDAW, ensuring that the survivor’s testimony is central to prosecution. In Sweden, after consent-based legislation in 2018, convictions for rape increased by 75% (Swedish National Council for Crime Prevention).

Why Complete Intolerance of Sexual Violence Is Necessary

  1. Low conviction discourages reporting: As per NCRB (2022), conviction rate for rape remains just 28%, despite legal reform. Social stigma, victim blaming, and hostile police procedures deter survivors.
  2. Sexual violence is a barrier to gender equality: According to Economic Survey (2023), women’s workforce participation rises where safety levels are high. Intolerance of sexual crime is thus vital for SDG 5 – Gender Equality.
  3. Deterrence requires societal zero tolerance: Studies in criminology show deterrence works more by certainty of punishment than severity. Community awareness and swift response systems build deterrence.

Need for Holistic Survivor Support

  1. Medical–Legal Support: Mandatory One Stop Centres (OSC) under MoWCD provide medical, legal and psychological care. Yet, only 733 OSCs functional against much higher national requirement.
  2. Psychological Rehabilitation: WHO notes 70% of survivors experience PTSD, necessitating trauma-informed counselling. France’s case of Gisèle Pelicot shows legal support + counselling strengthened survivor resolve.
  3. Police and Judicial Sensitization: Police often treat survivors with suspicion. Example: Delhi High Court directed mandatory gender-sensitisation training for police (2021).
  4. Early Awareness and Community Education: School-based consent education (UNICEF model) reduces acceptance of rape myths by 30–40% in adolescents.

Way Forward

ReformExpected Impact
Consent-based legal reform and fast-track courtsImprove conviction rates and reduce pendency.
Mandatory counselling and rehabilitation fundsPrevent secondary victimisation.
Gender sensitisation at schoolsBreak patriarchal conditioning.
Police accountability mechanismEnsures empathy during FIR and investigation.

Conclusion

As Justice Verma Committee noted, “Consent is the foundation of sexual autonomy.” A society that tolerates sexual violence undermines its democracy—full justice demands zero tolerance and unwavering support for survivors.

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