Secondary Victimization of Women in Rape Cases – An Analysis

  • Samiksha Kandya
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  • Samiksha Kandya

    Advocate at Art of Living Foundation, Bengaluru, India

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Crimes against women have continued their upward trends in recent days and it does not remain just a matter of domestic law, but since India has ratified International Convention on Elimination of All Forms of Discrimination Against Women (CEDAW), therefore protection of women from any kind of discrimination becomes obligatory, and here is where the need for an impartial and efficient Justice system comes into play. Such crimes can be prevented if the police machinery works in a more organized and dedicated manner . But the question remains that whether changing the law brings real changes in the society. Even though the Judiciary has been fairly strong and active in implementing the laws, the Criminal Justice system delays the process . Till the enforcement of the laws is done properly by the Police and Courts, the Criminal justice System will fail to serve its purpose. Victims need to feel that they are an integral part of the Criminal Justice System and are not disregarded . Law is there as a very rough guide and must be considered as the means to achieve justice. The Malimath Committee suggests ways and means to develop such synergy among the Judiciary, Prosecution and Police that restores the confidence of the common man in the present Criminal Justice System by protecting the innocent victim and by punishing the criminal . Women should be able to rely on the justice system which is not biased and is free from myths and stereotypes, and on the Judiciary whose impartiality is not compromised in any situation. Justice is not a means but it is an end in itself which everyone who is right on their part deserves.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 1709 - 1726


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