Exploring the Plight of Rape Victims under the Indian Criminal Justice System with special reference to the State of Chhattisgarh. - Ekta chandrakar
INTRODUCTION The Rule of Law says that the State must make sure that the country's criminal justice system runs smoothly and the effectiveness of a nation's criminal justice system serves as a parameter for that nation's level of governance . The goal of any criminal justice system is to protect citizens' rights and society by sentencing criminals, but it often focuses on the offender , leaving victims with little support and limited opportunities . Section 2( wa ) of Cr.P.C , 1973 defines victim as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression “victim” includes his or her guardian or legal heir. And as I said that victims are left with little support and limited opportunities. this is one of the short coming of our CJS and that is why I believe that providing justice and protecting crime victims' interests is a grey area that requires legislative change and stringent executive action .
WHY VICTIMS OF RAPE? Rape is the fourth most prevalent crime against women in India. The National Crime Records Bureau (NCRB ) reported that 31677 rape crimes—or an average of 86 instances per day—were reported nationwide in its 2021 annual report. 28840 of these victims were adults who had been raped. Out of these, 1093 rape crimes were recorded in the State of Chhattisgarh in the year 2021. R ape has a stigma attached to it, and in actuality, 99% of rape cases go unreported solely due to this preconceived notion. The response that a rape victim receives from the criminal justice system and also from the society is on par with a rape as s ignificant barriers stand in the way of India's rape survivors while receiving justice and assistance which double victimizes them.
Situation for VICTIMS OF RAPE: Not satisfactory Victims have to fight with the society as well as with the criminal justice agencies to get the justice they deserve. They experience humiliation and endure appalling circumstances in hospitals and police stations as they refuse to file complaints and treat them badly. L aws and procedures related to treatment of victims such as section 166A and section 166B of IPC, 1860, are not very much strict and the guidelines by Ministry of Health and Family Welfare is also not adhered too. G round level reports from the stakeholders like investigation agencies, prosecution, medico-forensic agencies, rehabilitation centers, legal aid agencies and also Courts is not available.
SIGNIFICANCE
AIMS AND OBJECTIVES
HYPOTHESIS The victims of rape in India are least supported by the Indian Criminal Justice System as the Indian laws seem accused centric rather than victims. T he prevailing victim support services including compensation are inadequate.
NOVELTY This exploration will take a unique lens, focusing its gaze especially on the state of Chhattisgarh , where the socio-cultural tapestry is already weaved into its own complexities of providing justice to the rape victims. This research will delve beyond the conventional narratives surrounding the victims of rape unveiling the nuanced challenges faced by them along with the potential for reform within the state . This research will aim to dissect the overall journey of survivors , from the initial reporting of the crime to the courtroom drama and, often overlooked, the aftermath . L egal frameworks, law enforcement responses, societal attitudes, and support systems available to victims , will be scrutinized unraveling the complex interplay that either empowers or further marginalizes survivors . It will aspire to contribute not only to academic discourse but also to be a catalyst for change , sparking conversations that transcend regional boundaries and resonate on a national scale the stark realities faced by survivors.
METHODOLOGY The method adopted by the researcher will be Doctrinal Research as well as Non Doctrinal Research Method through Questionnaires, Surveys, Interviews of victims and all the agencies of criminal justice system along with Litigants, academicians and scholars.
LIMITATION Chhattisgarh is a diverse state with a rich tapestry of cultures, languages, and traditions . The focus of study will be exclusively on Raipur, Durg , Surguja and Bastar districts of Chhattisgarh.
RESEARCH QUESTIONS What particular difficulties and impediments do rape victims face while interacting with the Indian Criminal Justice System (ICJS)? How victim-blaming and cultural beliefs affect the victims of rape and their experiences within ICJS? How effective are the ICJS's victim support services in meeting the needs and concerns of rape victims? What are the primary causes that cause delays in legal processes, and how does it psychologically effect rape victim’s experiences at the ICJS?
RESEARCH QUESTIONS What kind of emotional and social assistance does the family offers in the psychological healing of rape victims? How do rape victims describe their overall experience of seeking justice and receiving help from the Indian Criminal Justice System? What are the long-term psychological consequences of rape victims' interactions with the Indian Criminal Justice System? What are the specific recommendations that rape victims would themselves like to give to the agencies under the Indian Criminal Justice System so as to better help and solve their plight?
RESEARCH DESIGN
EXPECTED OUTCOMES OF RESEARCH
STATEMENT OF PROBLEM
REVIEW OF LITERATURE G.S. Bajpai , “Victim in the Criminal Justice Process: Perspectives on Police and Judiciary”, Uppal Publishing, New Delhi, 1997. Prachi Sharma, M K Unnikrishnan and Abhishek Sharma, “Sexual violence in India: addressing gaps between policy and implementation” Health Policy and Planning, 2015. G.S. Bajpai and Shriya Gauba , “Victim Justice: A Paradigm Shift in Criminal Justice System in India”, Thomas Reuters, India, 2016. Jayshree Bajoria , “Everyone Blames Me Barriers to Justice and Support Services for Sexual Assault Survivors in India”, Human Rights Watch, 2017. Dr. Namita Jain & Ms. Aditi Tyagi , “State of Rape Victims in India”, Elementary Education Online, 2020.
DATA COLLECTION METHODS The primary data will be collected by Mixed Methodology combining both qualitative and quantitative data. For Quantitative Data Collection , Structured Questionnaires along with Victim Case Records will be preferred. Questions may cover aspects such as reporting, legal proceedings, victim support services, and overall satisfaction with the justice system. The Likert scale (agree, diasgree , strongly ) and closed-ended question s may be used . For Qualitative Data Collection , In-depth structured Interviews will be conducted with Rape Survivors, legal professionals, victim support service providers, and other key stakeholders of CJS to explore the challenges, barriers, and experiences of victims within the ICJS. Observation method too will be followed. The secondary data will be procured from the following sources of information such as: Rules, Statistical reports, Reported and Unreported Case Laws on the subject decided by the Supreme Court and various High Courts; Law reports, journals, reviews on victims of rape.
LIST OF REFERENCES Statutes The Constitution of India, 1950. The Code of Criminal Procedure, 1973 (Act 2 of 1974). The Indian Penal Code, 1860 (45 of 1860). The Indian Evidence Act, 1872 . Books V. N. Shukla , Constitution of India, Eastern Book Company, Lucknow (12th edition), 2013, Revised by Mahendra Pal Singh. K.N. Chandrasekharan Pillai , R V Kelkar's Criminal Procedure, Eastern Book (7th Edition 2021, Reprinted 2023) K.D. Gaur, Textbook on Indian Penal Code, Lexis Nexis , (7th Edition), 2021. N.V. Paranjape , Criminology & Penology with Victimology , Central Law Publications, Allahabad( 17 th edition), 2018
LIST OF REFERENCES Reports Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, G.A. Res. 40/34, U.N. Doc. A/RES/40/34 (Nov. 29, 1985). Crime in India Report 2021, National Crime Records Bureau, Ministry of Home Affairs, Government of India. Guidelines and protocols on Medico Legal care for survivors of sexual violence, Ministry of Health and Family Welfare, Government of India. NALSA’s Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes – 2018.
FEASIBILITY OF CONDUCTING PROPOSED RESEARCH It has always kept me keen that why we never consider victims as a part of our criminal justice system. My very purpose to conduct this research is to assist victims by providin g them with the justice they deserve and assure them that they will no longer be victimized by the criminal justice agencies . My main intention through this research is to build a country where justice should not only be done, but should manifestly and undoubtedly be seen to be done.
WHY MNLU FOR THE PROPOSED RESEARCH? I have chosen Maharashtra National Law University for pursuing PhD because of its special dedication in understanding the needs of students like me. In i ts strong legal programme, it also lays emphasis on the idea of giving back to the community. It has achieved new heights in the field of legal education across India. M NLU over a period of 9 years has very efficiently proved its ability in balancing laws with morals and ethics of the Indian society. University possessing qualities like these made me anxious to approach this university.