Judicial Response to The Question of Sexual Violence and Protection of Women in India

This article attempts to explore the judicial response to the problem of sexual violence in India, with a focus on how courts have interpreted and applied laws meant to protect women from sexual harm. Through a doctrinal analysis of the evolution of key judgments across various High Courts and the Supreme Court of India, the article traces both the progressive and regressive elements of judicial reasoning in cases involving sexual offences. The article highlights how certain judicial pronouncements have reinforced problematic ideas of female modesty, chastity, and credibility, often leading to re-traumatisation and the moral evaluation of survivors. Notions of honour, silence as implied consent, and victim-blaming still surface in courtrooms, undermining the spirit of gender-just legislation such as the Criminal Law (Amendment) Act, 2013. By mapping patterns in judicial engagement with sexual violence cases, the article argues that while the law has evolved in text, its implementation is often constrained by social conditioning and outdated interpretive frameworks.