Judicial Magistrate Demands Rape Victim To Strip, Another Episode Baring Deep-Rooted Rape Culture

In an appalling episode, a rape victim was asked to disrobe and show her bruises by a magistrate while she was at the judicial office to record her statement in the case. Following the incident, she filed a complaint against the magistrate Ravindra Kumar under sections 345 (wrongful confinement) of the Indian Penal Code and relevant provisions of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act).

Her FIR read, “I was called back and asked to remove my clothes so he could see the bruises. I said, ‘How can I show you my bruises?’ I would have been comfortable in front of a woman, but the judge insisted. Then the judge told me not to inform anyone regarding this matter. I request authorities to take action in this matter.” (source: Indian Express)

Why Seeking Justice In India Is A Struggle?

When a judicial magistrate, whom we as citizens entrust with our faith to seek justice, behaves in such a manner, it shatters the very foundation of our trust in the country's judicial system. When a judge, who is held in high regard for endorsing the principles of law and safeguarding our rights treats a victim insensitively, it hints at how the legal apparatus in the country is nearing its end.

For a rape survivor, it takes a lot of courage to step forward to pursue legal recourse. However, when they are subjected to insensitive and prejudiced questioning, it adds to the trauma.

When the deeply ingrained societal biases against women begin to influence the country's legal framework, the victim is at the risk of being victimised again, unfortunately by the same system that they put in faith to protect them. Also, when instances like these occur the entire attention diverts, what hope would a survivor have for the conviction of the perpetrators?

According to a report by voiceformenindia, of the 28046 rape cases registered in 2020, 3375 were closed by the Police citing that they were false, and 5015 were closed due to factual inaccuracies. For 17% of the rape cases, no evidence was found. By 2020, the pendency rate stood at 94.2%

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Why No Empathy?

Our legal expert Siddharth Chandrashekhar stressed on how incidents like these affect individuals who put their faith in the country’s justice system. “He ought to face stringent disciplinary action. It is extremely concerning when an authority in that power and position acts in a manner that shakes the confidence of those who come seeking justice but also worsens the trauma already undergone by the victim. The Judiciary needs to send out a strong message by taking the necessary action expeditiously.”

However, the episode raises concerning questions - Will mandating the judges to undergo sensitivity training to understand the complexities of crimes like rape and the impact of their actions on survivors be enough? Also, shouldn't this understanding be fundamental? (NCRB Goa Crime Rate Data Report)

Occurrences like these also bring bigger issues to light, issues that have been deeply entrenched within our society - rape culture. Rape culture trivalises sexual violence, blames and disbelieves victims of assault, objectifies women, and shows no empathy towards survivors among other facets.

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While victims of rape should be met with compassion, and offered support, they face skepticism in India. Such experiences further silence the voices of many others, making victims live in suffering and silence, undermining the trust of survivors in the integrity of the legal system.

In a country like India where securing a safe space for ourselves remains a challenge, encountering insensitivity from the judiciary leaves us with almost no options. It also raises one troubling question: when we as citizens of this country have no safety, legal authorities fail to demonstrate empathy towards us, where do we seek recourse?