"An Examination of Women's Victimization in India: A Focus on Rape Incidents"
Introduction
Rape is a horrific violation that devastates victims physically and mentally, reducing them to a state of emotional crisis. Survivors often face secondary victimization, where institutions and individuals fail to provide adequate support. This is especially evident within the criminal justice system, where the rights of victims are not always prioritized. Rape myths and unequal treatment of women in the legal system contribute to its underreporting. Rape is a severe form of violence, destroying lives and perpetuating gender inequality. It is important to address this issue through prevention, support for victims, and legal measures.
Secondary Victimization Or Re-Victimisation Victim
Victim
In the legal context, a victim, as defined by the Criminal Procedure Code 1973 section 2(a), refers to a person who has suffered loss or injury as a result of the accused person's actions, including their guardian or legal heir.
Victimisation
According to the dictionary, victimization refers to the act of treating someone unfairly or subjecting them to unfavourable conditions that make them feel as though they are in a disadvantaged or negative position. It occurs when someone is treated poorly, leading to their experience of adversity.
There are two types of victimization:
Primary victimization: Direct harm suffered by a victim due to a crime, including physical, financial, psychological, and emotional effects.
Secondary victimization: Harm experienced by a victim as a result of their response to the crime and the response of institutions and individuals, leading to feelings of violation and re-traumatization. Can result in psychiatric disorders, relationship difficulties, and low self-esteem. Re-victimization refers to prioritizing organizational needs over the victim's needs, exacerbating their feelings of violation and disregard.
Legal Provisions Supporting Rape Victims
Rape victims have the right to choose the location for recording their statements, as per section 157(1) of the Cr.P.C. A female police officer should conduct the recording, and the victim can have the presence of their parents, guardian, relatives, or a social worker.
2. The investigation of child rape must be completed within three months, as stated in section 173(1) and (1A) of the Cr.P.C. Medical examination reports must be attached for offences under specific sections of the Indian Penal Code.
3. The new amendment allows the use of audio-video electronic means to record the victim's statement, as mentioned in section 161(3) of the Cr.P.C.
4. In-camera trials, preferably conducted by a woman Judge or Magistrate, are mandated by section 327(2) of the Cr.P.C. Printing or publication of trial proceedings related to rape can be allowed while maintaining the confidentiality of the parties' identities.
Obstacles and Challenges Hindering Access to Justice and Support Services for Survivors of Sexual Assault
In India, reporting sexual violence is still hindered by fear of stigma, shame, retribution, and a justice system that offers little protection to victims or witnesses. Efforts to raise awareness and address the issue sensitively have been made, but victim-blaming persists, with authorities questioning the victim's clothing, sexual history, or behaviour. There is a lack of government support services for reporting and seeking support for survivors of sexual violence, leading to underreporting and disbelief. Some civil society organizations have taken steps to create safer public spaces through safety audits. Police failure to register rape complaints is a criminal offence, but instances of apathy or pressure on victims' families have been observed, particularly when the alleged perpetrator is powerful. Unofficial village councils known as Khap Panchayats enforce moral codes and can interfere with women's behaviour and choices. Offences like sexual harassment, voyeurism, and stalking are underreported and often not properly investigated. Therapeutic care and counselling for survivors are inadequate, and access to effective legal assistance is limited.
Judicial Approach
1. In the case of Tuka Ram v. State of Maharashtra, the Supreme Court's observation regarding the absence of injury marks on the victim's body suggested a peaceful affair and raised doubts about the resistance claimed by the girl. However, this approach has not been consistently followed in subsequent cases, as the presence of injury marks is not equated with proof of consent.
2. In State of Punjab v. Gurmit Singh, the Supreme Court advised lower courts not to label a victim as having a loose character even if she is shown to be habituated to sex.
3. In the State of Maharashtra v. Madhukar N. Mardikar, the Supreme Court emphasized that a woman's unchastity does not justify anyone violating her against her will. Her evidence cannot be disregarded simply based on her character.
Conclusion
The police force and judiciary need to undergo gender-sensitive training to address their shortcomings. It is important to instil values and principles that promote respect for women and victims of rape. Senior police officers should refrain from making derogatory remarks or disrespecting women as their influence can affect their subordinates. Increasing the representation of women police officers could help create a more comfortable environment for rape victims to come forward. These women officers should receive training in supportive and empathetic investigation techniques. Standardized nationwide policies and guidelines are needed for medical treatment and the collection of forensic evidence in rape cases. The proper collection and compilation of forensic evidence into medical reports are crucial.
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