Legal Experts Say Patriarchal Notions Still Influence Court Views on Rape Survivors
· India · Indian Express, LiveMint
Legal experts state that patriarchal notions continue to influence how Indian courts evaluate rape survivors, shifting scrutiny onto a victim's character rather than the accused's actions. The debate has intensified following the Bombay High Court's ruling in the Tarun Tejpal case, which rejected the "ideal victim" stereotype and overruled a trial court acquittal. Advocate Vrinda Grover noted that while 2013 legal amendments established a clear definition of consent requiring active agreement, courts continue to struggle with recognizing women's personal autonomy and agency. Legal practitioners argue that judicial insensitivity frequently stems from personal biases regarding gender roles and how survivors ought to respond to trauma.
Why it matters
The ongoing judicial scrutiny of rape survivors affects trial outcomes and shapes how sexual assault cases are adjudicated across Indian courtrooms.
Read the original report — Indian Express
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