Despite legal reforms and policy initiatives, India continues to witness crimes against women where the justice system either blames victims, delays justice, or lets powerful perpetrators escape severe punishment. 

This article highlights multiple cases where the system failed women, along with statistics that showcase the grim reality and the urgent need for systemic reform.

1. Judicial Remarks That Blame the Victim

Karnataka High Court Bail Grant (2020)

In a disturbing instance, the Karnataka High Court granted bail to a rape accused while questioning the victim’s response post-assault. The court remarked on how an Indian woman "ought" to have reacted "after being ravished," implying that the victim’s behavior did not align with societal expectations of trauma. Such remarks shift the focus from the accused’s actions to the victim’s behavior, perpetuating harmful stereotypes.

Supreme Court Suggests Marriage to Rapist (2021)

In a case that drew nationwide outrage, the Supreme Court asked a rape accused if he was willing to marry the victim to avoid arrest. This suggestion trivialized the severity of sexual crimes, reinforcing the archaic belief that marriage could "resolve" rape cases instead of ensuring justice for the survivor.

2. Cases Where the System Failed the Victim

Shakti Mills Gang Rape Case (2013)

In one of Mumbai’s most horrifying crimes, a female photojournalist was gang-raped at the abandoned Shakti Mills compound. Defense lawyers attempted to justify the crime by questioning the victim’s profession and her presence at the location. Though the accused were convicted, such arguments reflect deep-rooted biases that persist in legal proceedings.

Tarun Tejpal Acquittal (2021)

Journalist Tarun Tejpal, accused of sexually assaulting a junior colleague in 2013, was acquitted in 2021 after the court questioned inconsistencies in the victim’s testimony. The judgment focused extensively on the survivor’s post-assault behavior, ignoring the core allegations. The case highlighted how courts often scrutinize a victim’s actions rather than the crime itself.

3. Cases Where Politics and Power Influenced Justice

Unnao Rape Case (2017)

A minor girl accused a powerful Uttar Pradesh MLA of rape. Instead of receiving immediate support, she and her family were harassed, and attempts were made to discredit her. The case gained national attention only after the victim attempted self-immolation outside the Chief Minister’s residence. It exposed how the political influence of perpetrators can suppress victims’ voices.

Kathua Rape and Murder Case (2018)

An eight-year-old girl from a nomadic Muslim community was abducted, raped, and murdered in Kathua, Jammu & Kashmir. Instead of focusing on justice, communal and political tensions dominated the discourse. While some of the accused were convicted, the case highlighted how investigations and trials can be manipulated to serve vested interests.

4. Cases Where Verdicts Were Questioned

Badaun Gang Rape and Murder Case (2014)

Two teenage girls were found hanging from a tree in Uttar Pradesh. Initial reports suggested gang rape and murder, but the CBI later concluded it was a case of suicide. Many believed this to be a cover-up, reinforcing the systemic failure in investigating crimes against women.

Sanjay Roy Case (2025)

Sanjay Roy, a police volunteer, was convicted for the rape and murder of a junior doctor in Kolkata. Despite the brutality of the crime, he was sentenced to life imprisonment instead of the death penalty. The court ruled that it did not meet the "rarest of the rare" criteria, sparking public outrage over whether justice had been adequately served.

5. Cases on Domestic Violence

Indian courts have, in multiple instances, encouraged compromise or settlement in domestic violence cases, even though domestic violence is a criminal offense under Section 498A of the IPC and the Domestic Violence Act, 2005. Here are some examples and legal trends where courts have prioritized reconciliation over justice:

In 2018, The judge of Delhi High court suggested that "a woman should adjust for the sake of the family" and encouraged her to "work things out rather than seeking separation.”

In 2021, the Supreme Court ruled that "criminal proceedings should not be used as weapons for vengeance" and encouraged mediation in a domestic violence case, effectively asking the victim to negotiate with her abuser.

In 2022, The Gujarat High Court refused to grant divorce, stating that "small misunderstandings shouldn’t break a marriage" and advised the couple to "give it another chance.”

In 2023, The Rajasthan High Court suggested reconciliation, stating that "minor altercations are normal in marriage" and dismissed her appeal.

Legal Loopholes That Defend the Crime

1. “Character” as a Legal Argument

Defense lawyers often attack the survivor’s character, arguing that her lifestyle, relationships, or even clothing implied consent. This outdated mindset continues to influence judgments in cases of sexual violence.

2. Delayed Trials Favor the Accused

Many cases drag on for years, forcing victims to relive their trauma repeatedly. Delayed justice often results in survivors losing hope or being pressured into out-of-court settlements.

3. Lack of Judicial Sensitivity

Judges have made insensitive remarks in multiple cases, reinforcing the belief that women are responsible for the violence inflicted on them. Gender-sensitivity training for judicial officers remains largely inadequate.

4. Weak Protection Laws for Survivors

Many survivors face threats, harassment, or even violence after filing complaints. Despite witness protection schemes, many victims withdraw their cases due to fear or societal pressure.

The Grim Reality: Statistics on Crimes Against Women

The increasing frequency of gender-based crimes highlights the failure of the system to provide safety and justice to women. According to the National Crime Records Bureau (NCRB) Report (2022):

• Cruelty by Husband or Relatives: 89,546 cases
• Rape: 21,397 cases
• Sexual Harassment: 11,009 cases
• Dowry Harassment: 5,650 cases

These figures reveal that domestic violence and sexual crimes remain widespread, often going unpunished or underreported due to fear, societal stigma, or lack of faith in the legal system.

Why Do Courts Defend Perpetrators?

Despite clear evidence in many cases, Indian courts sometimes issue verdicts favoring the accused. This happens due to several systemic issues:

a) Legal Loopholes that Protect Perpetrators

• Marital Rape Exception: In India, marital rape is not a crime unless the wife is under 18. Courts often rule in favor of the husband, reinforcing the idea that marriage grants a man sexual entitlement.
• Character Assassination of Victims: Courts often admit a woman’s past relationships or clothing choices as evidence, shifting focus from the crime to her character.
• Low Conviction Rates: Due to lack of witness protection and prolonged trials, many cases collapse, leading courts to dismiss charges for lack of “substantial evidence.”

b) Judicial Bias and Victim Blaming

• Some judges have issued statements that reflect patriarchal views, such as “a good woman would not stay out late” or “she must have provoked the attack.”
• In cases of domestic violence, judges sometimes encourage compromise rather than legal punishment, forcing women to return to abusive environments.

c) Influence of Social Status

• Powerful men, including politicians, spiritual leaders, and celebrities, often manipulate the system using money and influence.
• Survivors from marginalized communities struggle even more, as courts often dismiss their cases due to caste and class bias.

Comparison of India’s Laws with Global Standards

India lags behind many countries in providing justice to survivors. Here’s how:

This comparison highlights the urgent need for legal reforms in India to align with global best practices.

Call to Action: What Needs to Change?

To ensure justice for women and eliminate systemic biases, the following measures are crucial: Judicial Reforms: Implement gender-sensitivity training for judges and law enforcement officials to eliminate biases and victim-blaming attitudes.

• Police Accountability: Strengthen mechanisms to hold police accountable for mishandling or dismissing cases of violence against women.
•  Legal Amendments: Revisit existing laws to ensure stricter penalties for offenders and expedite the judicial process in cases of gender-based violence.
•  Public Awareness: Launch nationwide campaigns to challenge societal norms that perpetuate victim-blaming and to promote gender equality.
•  Support Systems: Establish more one-stop centers and helplines to provide immediate support and counseling to survivors.

A Justice System in Need of Reform

These cases paint a grim picture of how the Indian legal system, at times, shifts blame onto victims, delays justice, or lets influential perpetrators manipulate the legal process. While some cases have led to convictions, the societal and judicial biases that influence verdicts remain a serious concern.

India must move towards a legal system where survivors are believed, protected, and empowered rather than subjected to scrutiny and blame. Until then, justice will remain elusive for many.

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