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2.3 Why Systems Fail Survivors

Contrary to several landmark judicial pronouncements in the Indian context on rape and sexual assault, post Criminal Law (Amendment) Act, 2013, legal practitioners representing survivors have consistently argued that any act involving bodily invasion for the sexual gratification of the perpetrator must be recognised as rape. However, this interpretation has frequently been either rejected or diluted by Indian courts, often being treated as a matter of legal contention rather than a settled principle.

Two high-profile cases, the rape of a nun by Bishop Franco Mulakkal and the conspiracy involving the kidnapping and sexual assault of a prominent Indian actress, illustrate instances where the legal system has failed not only the survivors but also the broader jurisprudential understanding of sexual violence in the country. Such judicial outcomes risk establishing problematic precedents, potentially discouraging future survivors from seeking justice and undermining the progressive intent of sexual assault laws.

 

 

 

 

 

 

 

 

  • Interview with Suryanelli Rape Survivor on PJ Kurien a prominent Congress leader and former Rajya Sabha MP being named as one of the perpetrators. Kurien was added as a defendant in the case, nor did this affect his political career. https://www.youtube.com/watch?v=wl8pa8BtMwg

 

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