NCW Chief: Sexual Offences Interpretation Must Go Beyond Physical Act
National Commission for Women (NCW) chairperson Vijaya Rahatkar on Wednesday said that courts should not limit the interpretation of sexual offences to the physical act alone, stressing that equal importance must be given to the survivor's dignity, consent, and the fear she experienced.
Ms. Rahatkar's remarks follow a Patna High Court judgment that, according to media reports, held that attempting to remove a woman's salwar and touching her chest did not amount to an attempt to rape.
"While interpreting sexual offences, the focus should not be limited only to the physical act. Equal importance must also be given to the survivor's dignity, her consent, the fear she experienced, and the psychological trauma caused by the incident," Ms. Rahatkar said.
The NCW chief said the objective of justice cannot be confined to a technical interpretation of the law. "If the judicial process becomes detached from the survivor's lived experience and the underlying spirit of the law, it is only natural that public confidence in the justice delivery system may be affected," she said.
"Undoubtedly, courts deliver judgments on the basis of law and the evidence placed before them. However, if a survivor does not receive a sense of complete justice even after an 18-year-long judicial process, and those responsible for serious sexual offences do not receive effective punishment, it can adversely affect women's confidence in both themselves and the justice system," she added.
Ms. Rahatkar said protecting the dignity, bodily autonomy and constitutional rights of women must remain the "highest priority of the justice system". In this context, she welcomed the "clear, sensitive, and survivor-centric approach" adopted by Chief Justice of India Surya Kant.
According to media reports, the Supreme Court on Tuesday criticised the Patna High Court's judgment on the attempt to rape case, and said it would pass a detailed order dealing with the high court's observations. A Bench headed by Chief Justice Surya Kant expressed serious concern over the "lack of thorough research" before such judgments are delivered.
The NCW chief expressed confidence that the justice system will continue to move towards a more sensitive, survivor-centric, and gender-just approach, while steadfastly upholding the dignity and rights of women.
