{"id":129929,"date":"2021-08-30T20:25:26","date_gmt":"2021-08-30T14:55:26","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=129929"},"modified":"2021-09-01T17:56:40","modified_gmt":"2021-09-01T12:26:40","slug":"the-broken-promise-of-justice-in-rape-cases","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/the-broken-promise-of-justice-in-rape-cases\/","title":{"rendered":"The broken promise of justice in rape cases"},"content":{"rendered":"\n<p><strong>Source: <\/strong>This post is based on the following articles.<\/p>\n<ul>\n<li>&#8220;Rape &amp; insensitivity&#8221; published in The Hindu on 30th August 2021<\/li>\n<li>\u201cThe broken promise of justice in rape cases\u201d published in the Indian Express on 30<sup>th<\/sup> August 2021<\/li>\n<\/ul>\n<p><strong>Relevance<\/strong>: To understand crimes against women.<\/p>\n<p><strong>Synopsis<\/strong>: Despite stringent laws, crimes against women continue. The problems go far beyond law and point to the legal and socio-political system.<\/p>\n<h5><strong>Introduction<\/strong><\/h5>\n<p>The issues of violence against women continue unabated in India. While the Nirbhaya case still lives in our collective memory, on August 24, an MBA student was gang-raped near Chamundi hills in Mysuru.<\/p>\n<p>In such incidents, the Apex court has been viewed as a saviour by the weak and marginalized groups. This is also true because of power asymmetry in a society where often police are seen to side with power holders.<\/p>\n<h5><strong>Issues associated with the Indian legal and socio-political system<\/strong><\/h5>\n<ul>\n<li><strong>Legal system<\/strong>: Our legal system records that rape survivors are routinely killed or kill themselves in protest. But the legal system does not take any action on the root cause.<\/li>\n<li><strong>Media<\/strong>: Media discourse on rape is mostly spectacularised and sensationalized for TRP ratings.<\/li>\n<li><strong>Society<\/strong> immediately starts focusing on anti-rape protests and not on the welfare of the victim. Further, society also <strong>put restrictions on the women<\/strong> movements to prevent that from happening.<\/li>\n<li><strong>State response<\/strong> is focused on criminalizing anti-rape protests.<\/li>\n<li><strong>Victims <\/strong>are counter cased and victimized further.<\/li>\n<li><strong>Judiciary<\/strong>: There is no Judicial enquiry on why the victims are imprisoned on false counter cases?<\/li>\n<\/ul>\n<h5><strong>Impact of the lockdown on rape survivors:<\/strong><\/h5>\n<ul>\n<li>Victims were subject to intimidation as the system was busy fighting Covid.<\/li>\n<li>No moratorium was declared against arbitrary arrests of women and victims of violence.<\/li>\n<li>Guidelines on how to treat rape survivors during the lockdown were not announced.<\/li>\n<\/ul>\n<h5>Judicial observations to protect freedom of women:<\/h5>\n<ul>\n<li>In June, the Supreme Court had to order police protection for a couple in a live-in relationship. As earlier they were denied relief by the Punjab and Haryana High Court.<\/li>\n<\/ul>\n<h5><strong>What needs to be done?<\/strong><\/h5>\n<ul>\n<li>Recent rulings by the <strong>Chhattisgarh High Court and the Kerala High Court<\/strong>, reiterating that <strong>any sexual act by a man against his wife<\/strong>, even if it involved force, <strong>is not rape<\/strong>. This can be course-corrected.<\/li>\n<li>In the <strong>Aparna Bhat &amp; Ors vs. State of Madhya Pradesh case<\/strong>, the Supreme Court accepted the \u201cpaternalistic and misogynistic attitudes that are regrettably reflected at times in judicial orders and judgments&#8221;. This has to be <strong>course-corrected by the judiciary<\/strong> by including more women judges.<\/li>\n<\/ul>\n<p>Instead of curbing the freedom of women, society and the state must ensure the protection of women both in public and private places.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Source: This post is based on the following articles. &#8220;Rape &amp; insensitivity&#8221; published in The Hindu on 30th August 2021 \u201cThe broken promise of justice in rape cases\u201d published in the Indian Express on 30th August 2021 Relevance: To understand crimes against women. Synopsis: Despite stringent laws, crimes against women continue. The problems go far&hellip; <a class=\"more-link\" href=\"https:\/\/forumias.com\/blog\/the-broken-promise-of-justice-in-rape-cases\/\">Continue reading <span class=\"screen-reader-text\">The broken promise of justice in rape cases<\/span><\/a><\/p>\n","protected":false},"author":5480,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[9232,212,8838],"class_list":["post-129929","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-crime-against-women","tag-gs-paper-2","tag-women-related-issues","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704826846},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/129929","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/5480"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=129929"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/129929\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=129929"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=129929"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=129929"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}