Legal Recourse For Victims Of Sexual Abuse In India
- Mehtab Ali
- Jan 25
- 4 min read
Sexual Violence Remains One Of The Most Pervasive And Under-Addressed Issues In India, With Millions Of Women And Girls Subjected To Sexual Assault Every Year. Despite Efforts To Strengthen Laws And Provide Legal Recourse, The Path To Justice Is Often Fraught With Barriers. The Societal Stigma Surrounding Sexual Violence Often Silences Survivors, Particularly Those From Marginalized Communities Such As Dalits, Adivasis, And Muslims. These Survivors Not Only Face The Trauma Of The Abuse Itself But Also The Additional Challenge Of Overcoming Societal Prejudices And Institutional Bias When Seeking Justice.
As Of 2019, India Recorded 32,033 Reported Rape Cases, With Women From Vulnerable Communities Being Disproportionately Affected. For Example, There Were 1,110 Recorded Rape Cases Involving Adivasi Women And Girls And 3,486 Cases Involving Dalit Women And Girls. These Numbers Likely Underrepresent The True Scale Of The Problem, As Many Cases Go Unreported Due To Fear, Shame, And A Lack Of Trust In The Justice System.
The Indian Legal System Provides Several Avenues For Victims Of Sexual Abuse To Seek Justice, Although Navigating These Avenues Can Be Challenging. This Blog Aims To Explore The Legal Recourse Available To Victims Of Sexual Abuse In India.
Legal Recourse For Victims Of Sexual Abuse
Pocso Act, 2012: The Protection Of Children From Sexual Offences (Pocso) Act Was A Pivotal Step Toward Addressing The Growing Issue Of Child Sexual Abuse In India. The Act, Passed In 2012, Provides A Comprehensive Framework For The Protection Of Children From Sexual Offenses, Including Sexual Assault, Sexual Harassment, And Child Pornography. The Pocso Act Covers Children Below The Age Of 18, Defining Various Forms Of Sexual Offenses And Prescribing Severe Penalties.
The Act Mandates The Establishment Of Special Courts To Handle Pocso Cases, Ensuring That They Are Dealt With Expeditiously.
Penalties Under The Pocso Act Can Range From Imprisonment For A Minimum Period To Life Imprisonment And, In Some Extreme Cases, Even The Death Penalty.
The Act Also Ensures That The Child’s Testimony Is Taken In A Child-Friendly Manner, Minimizing Further Trauma For The Victim.
The Pocso Act Has Been Instrumental In Safeguarding Children, Although Its Implementation Remains A Challenge Due To Underreporting, Societal Stigma, And Lack Of Awareness In Some Areas.
Bns Act (Bharatiya Nyay Sanhita): The Bharatiya Nyay Sanhita (Bns) Act Was Introduced As A Modern, Comprehensive Replacement To The Outdated Indian Penal Code (Ipc) To Address Contemporary Legal Challenges. It Focuses On Providing A More Robust Framework For Addressing Sexual Violence And Other Offenses Against Women, Children, And Marginalized Communities. The Bns Act Introduces Several Significant Reforms:
Sexual Harassment And Assault: Like The Ipc, The Bns Act Criminalizes Acts Of Sexual Assault, But With More Clearly Defined Terms, Making It Easier To Prosecute Offenders.
Stalking And Voyeurism: The Bns Act Expands On Provisions To Protect Victims Of Stalking And Voyeurism, With Specific Penalties For Persistent Unwelcome Attention, Both Online And Offline.
Gender-Neutral Language: The Act Adopts Gender-Neutral Language To Ensure That All Individuals, Regardless Of Gender, Are Protected From Sexual Violence And Harassment.
The Bns Act Also Simplifies The Legal Process For Survivors By Eliminating Many Procedural Hurdles That Were Present Under The Ipc. This Includes Faster Trials And An Emphasis On Victim-Centered Procedures.
Protection Of Women From Sexual Harassment At Workplace Act (Posh Act), 2013: The Posh Act, Passed In 2013, Was A Significant Step Forward In Addressing Sexual Harassment In The Workplace. The Law Seeks To Ensure A Safe And Supportive Environment For Women At Work By Mandating The Establishment Of Internal Complaints Committees (Icc) In Workplaces With More Than Ten Employees.
Sexual Harassment Is Defined Under The Posh Act As Any Unwelcome Sexual Advance, Demand For Sexual Favors, Or Other Verbal, Non-Verbal, Or Physical Conduct Of A Sexual Nature. This Includes The Display Of Pornography, Suggestive Remarks, And Unwanted Physical Contact.
Women Employees, Regardless Of Their Employment Status (Permanent, Temporary, Contractual, Or Even Interns), Have The Right To File A Complaint Of Sexual Harassment In The Workplace.
The Act Also Outlines The Process For Investigation, Including The Formation Of An Icc To Address Complaints And Ensure Timely Resolution Of Cases.
The Posh Act Came Into Effect Following The Landmark Vishakha Vs. State Of Rajasthan Case, In Which The Supreme Court Ruled That Sexual Harassment In The Workplace Violates A Woman’s Fundamental Right To Equality And Her Right To Life And Liberty.
Challenges Faced By Victims Of Sexual Abuse
Despite The Existence Of Robust Laws, Survivors Of Sexual Abuse In India Often Face Significant Challenges In Accessing Justice:
Social Stigma: Survivors, Particularly Those From Marginalized Communities, May Face Judgment, Social Exclusion, And Even Threats From Their Families Or Communities For Speaking Out About Sexual Violence.
Lack Of Support: Many Survivors Are Not Provided With Adequate Emotional Or Psychological Support During The Legal Process, Making It Harder For Them To Engage With The Justice System.
Impunity And Low Conviction Rates: The Indian Legal System Suffers From A High Rate Of Acquittals In Sexual Violence Cases, Due To Insufficient Evidence, Long Delays In Trials, And A Lack Of Proper Investigation.
Inadequate Legal Aid: Victims Often Struggle To Navigate The Complex Legal System Without Proper Legal Representation. While The Government Offers Legal Aid, It Is Not Always Accessible Or Efficient.
Bias And Prejudices: Police Officers And Judges May Hold Prejudiced Views That Affect How They Handle Cases Of Sexual Violence. In Some Instances, They May Be Dismissive Of The Victim’s Testimony Or Engage In Victim-Blaming.
Conclusion
Sexual Violence Is A Pervasive Issue In India, And The Legal System Provides Several Avenues For Victims To Seek Justice. However, Accessing Legal Recourse Can Be A Daunting Task, Particularly For Survivors From Marginalized Communities. Despite The Existence Of Laws Like The Pocso Act, The Bns Act, And The Posh Act, Survivors Continue To Face Numerous Barriers In The Pursuit Of Justice.
To Address These Challenges, It Is Essential For The Government, Law Enforcement, And Civil Society To Work Together To Improve The Implementation Of Existing Laws, Ensure Greater Awareness Of Legal Rights, And Provide Survivors With The Necessary Resources And Support. Legal Aid Organizations Like Lead India Can Help Guide Survivors Through The Legal Process And Ensure That They Have Access To Justice.
One Can Talk To A Lawyer From Lead India For Any Kind Of Legal Support. In India, Free Legal Advice Online Can Be Obtained At Lead India. Along With Receiving Free Legal Advice Online, One Can Also Ask Questions To The Experts Online Free Through Lead India.
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