The Phaltan case is also about a victim’s dignity

UPSC Syllabus Topic: GS Paper 2-mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

Introduction

The suicide of a young woman doctor in Phaltan exposes deep failures in India’s gender justice system. Despite new criminal laws claiming to be women-centric, the case shows how victims continue to face administrative neglect, institutional insensitivity, and public character assassination. The core issue is not only sexual crime but also the destruction of a victim’s dignity after the offence.

Major concerns in the criminal justice response to crimes against women

1. Administrative failure to protect victims: The victim’s repeated pleas for help were allegedly ignored by authorities. This institutional inaction became the first injustice, as protection mechanisms failed at the most critical stage.
2. Secondary victimisation: After the victim’s death, her personal life became subject to public scrutiny. This shifted attention from the alleged crime to her conduct, causing fresh harm to her dignity.
3. Institutional victim-blaming: Public statements by a women’s commission authority revealed private communications. Such conduct reinforced the culture of questioning victims instead of supporting them.
4. Extra-judicial creation of a social verdict: Public commentary created moral judgments outside legal processes. This “social verdict” effectively tried the victim’s character without due process.
5. Violation of dignity: Although criminal law prohibits character attacks during trials, similar harm occurred outside courtrooms. This defeated the purpose of victim-protection laws.
6. Gap between progressive law and patriarchal mindset: Legal reforms have advanced, but social attitudes remain rooted in patriarchy. This disconnect weakens the real impact of gender-justice legislation.
7. Lack of institutional empathy: Institutions failed to respond with sensitivity to trauma. The absence of empathy worsened the victim’s psychological distress.
8. Power imbalance in professional environments: Women professionals, especially doctors, face harassment within hierarchical systems. Unequal power relations silence complaints and increase vulnerability.
9. Denial of procedural fairness to families: The victim’s family was denied access to investigation reports. This deepened their trauma and eroded trust in the justice process.

Initiatives taken to address gender-based crime

1. End of character assassination in sexual offence cases: The Criminal Law (Amendment) Act, 2013 marked a shift towards protecting the dignity of sexual offence victims. It was enacted to dismantle the long-standing practice of attacking a victim’s character during investigation and trial.
2. Ban on character evidence to imply consent: Section 53A of the Indian Evidence Act, now Section 50 of the Bharatiya Sakshya Adhiniyam, clearly states that a woman’s personal life is irrelevant to consent. Friendships, messages, habits, or lifestyle cannot be used to justify or excuse sexual violence.
3. Restriction on humiliating cross-examination: Section 146 of the Indian Evidence Act, now Section 48 of the Bharatiya Sakshya Adhiniyam, prohibits questions on a victim’s general immoral character or past sexual experience. Cross-examination must remain limited to facts directly related to the alleged offence.
4. Judicial rejection of victim-blaming: In State of Punjab vs Gurmit Singh & Ors. (1996), the Court held that a woman’s testimony cannot be doubted based on perceived morality. It warned against dismissing evidence on notions of “loose morals” and affirmed that every woman, regardless of character, has the right to refuse sexual intercourse. The Court also condemned excessive scrutiny and character attacks as adding insult to injury.
5. Protection of victim identity: Section 228A of the Indian Penal Code, now Section 72 of the Bharatiya Nyaya Sanhita, prohibits disclosure of a sexual assault victim’s identity. This protection extends even after death, unless permitted by a competent authority, to prevent public shaming.
6. Key Existing Acts: Important legislation includes the Protection of Women from Domestic Violence Act, 2005; the Sexual Harassment of Women at Workplace Act, 2013; the Criminal Law (Amendment) Act, 2018; and the POCSO Act, 2012
7. Fast Track Special Courts (FTSCs): Financial support is provided for FTSCs to expedite cases related to rape and the POCSO Act, with over 750 courts operating nationwide.
8. Witness Protection Schemes: Provisions exist within the BNSS to protect witnesses from intimidation.
9. Institutional Support Mechanisms

• One Stop Centres (OSCs): Under the ‘Sambal’ scheme, these centers offer comprehensive support for women affected by violence, including medical, legal, and psycho-social aid, police facilitation, and temporary shelter.
• Women Helplines (181): A 24/7 toll-free helpline provides support to women in distress and is integrated with the ERSS-112 system.
• Women Help Desks (WHDs): Located in police stations, these desks make the police more accessible to women and connect them with experts and NGOs.
• SHe-Box Portal: An online platform for reporting and tracking workplace sexual harassment complaints.

Way forward

1. Training and sensitisation: Police, prosecutors, and judges require regular sensitisation on trauma and dignity. Empathy must guide responses to sexual crimes.
2. Ending tolerance of victim-blaming: Society must reject narratives that question victims. Investigation culture must become truly victim-friendly.
3. Strengthening institutional capacity: Forensic infrastructure, women’s desks, and legal aid need expansion. This will support safeguards under new criminal laws.
4. Accountability of public institutions: Authorities must avoid public commentary that harms dignity or prejudices cases. Restraint is essential.

Conclusion

The Phaltan case shows that gender justice fails when dignity is ignored. Laws already prohibit character assassination, but institutions and society violate their spirit. Justice requires empathy, restraint, and accountability. Until secondary victimisation ends, women-centric laws will remain ineffective, and victims will continue to suffer beyond the original crime.

Question for practice:

Examine how the Phaltan case reveals the gap between women-centric criminal laws and their actual implementation, particularly in protecting a victim’s dignity after a sexual offence.

Source: The Hindu