Syllabus: Issues related to women
Context and Significance
- Suicide of a young doctor in Phaltan, Maharashtra (October 2025) exposed systemic and societal failures.
- Victim alleged rape and harassment by a police official, indicating institutional apathy.
- Case highlights primary crime of violence and secondary crime of victim character assassination.
Secondary Victimisation and Institutional Failure
- Public comments by Maharashtra State Commission for Women revealed private victim communications.
- Such statements reinforced victim-blaming culture, even within women-protection institutions.
- This reflects persistent social prejudice undermining women-centric legal reforms.
Legal Framework Protecting Victim Dignity
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- Criminal Law (Amendment) Act, 2013 (Nirbhaya Act) aimed to curb character assassination.
- Section 53A, Indian Evidence Act (now Section 50, BSA, 2023) bars using victim’s character.
- Section 146, Indian Evidence Act (now Section 48, BSA) prohibits questions on sexual history.
- Focus of trial must remain strictly on facts of the alleged offence.
- Supreme Court Directives
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- State of Punjab vs Gurmit Singh (1996): Victim testimony not to be doubted on moral grounds.
- Courts condemned excessive scrutiny as adding “insult to injury” to survivors.
- Section 228A IPC (now Section 72, BNS) bans disclosure of victim identity, even posthumously.
- Media scrutiny of dying declarations violates dignity and investigation integrity.
Gaps Between Law and Practice
- Extra-judicial victim shaming by public functionaries undermines legal safeguards.
- Institutional commentary creates a damaging “social verdict” against victims.
- Reveals contradiction between progressive law and regressive societal mindset.
Way Forward
- Training and sensitisation of police, prosecutors, and judges on victim trauma.
- Zero tolerance for victim-blaming attitudes in investigations and public discourse.
- Resource strengthening: forensic labs, women’s desks, digital evidence systems, legal aid.
- Emphasis on constitutional morality, solidarity, and dignity-centred justice delivery.
Conclusion
- Phaltan case underscores that laws alone are insufficient without ethical implementation.
- Protecting victim dignity requires institutional accountability and societal transformation.