NCW Chair Calls for Gender-Sensitive Justice in Sexual Offense Rulings

New Delhi, October 17 (Daily Kiran) : Vijaya Rahatkar, the chairperson of the National Commission for Women (NCW), highlighted the urgent need for gender-sensitive justice in the judicial process during a recent discussion in New Delhi. On Saturday, she expressed her concerns regarding two High Court rulings related to sexual offenses against women, suggesting that these decisions appeared to downplay the severity of the crimes involved.

In her remarks, Rahatkar referenced the cases on social media platform X, detailing how the High Courts interpreted the accused’s actions under less severe legal provisions, ultimately rejecting petitions that sought to classify the offenses as “attempted rape.”

“Justice must be guided by law and evidence, while its language and reasoning should uphold the dignity of each victim. It is crucial to administer justice with gender sensitivity to strengthen public trust in the judicial system,” Rahatkar stated.

She emphasized that the NCW believes each case should be adjudicated based on its specific facts, circumstances, evidence, and applicable laws. Furthermore, she underscored the importance of clarity and consistency in distinguishing between ‘preparation’ and ‘attempt’ in sexual offenses.

One of the cases cited by Rahatkar involved the Patna High Court ruling in the matter of Mohammad Ainul Haque versus the State of Bihar. The second case was from the Allahabad High Court, which involved a situation where the victim’s clothing was forcibly pulled, prompting the Supreme Court to take suo motu cognizance.

In the Patna High Court case, the order noted that the act of entering the home of a sleeping widow late at night, extinguishing a lamp, and covering her mouth was sufficient to establish an offense under Section 354 of the IPC (outraging modesty), yet it did not qualify as an attempt to commit rape due to a lack of evidence for further actions.

Rahatkar also referenced a handbook published by the National Judicial Academy titled “Judgments and Gender: Sensitivity and Compassion in Writing Judgments.” She stressed the need to enhance gender sensitivity in judicial reasoning and language, advocating for a sensitive, balanced, and empathetic approach to delivering justice.

She pointed out key principles from the handbook, which include understanding evidence in the context of the trauma experienced by victims, avoiding language that stereotypes or diminishes a victim’s dignity, and recognizing sexual offenses as violations of bodily autonomy, personal dignity, and individual rights rather than viewing them through the lens of purity, familial honor, or morality.

Calling for sensitivity in judicial language, Rahatkar asserted that gender-sensitive decisions should reflect fairness, dignity, and empathy. She urged that victims of sexual violence should be treated with respect and compassion, and that judicial comments or language should never imply that the victim bears any responsibility for the crime committed against them.