Justice Denied: How Indian Courts Can Better Protect Women and Girls

Three recent judgments by the Chhattisgarh High Court and the Allahabad High Court of India have once again raised critical questions about the status of women in India's legal system.

- DR. PYALI CHATTERJEE

These rulings expose the deep-rooted gaps in our judicial interpretation of crimes against women and highlight the urgent need for legislative reform.

In the first case, the Chhattisgarh High Court acquitted a husband who forced his wife to perform unnatural sexual acts that led to her death. Despite post-mortem reports confirming this, the husband was acquitted because Indian law does not recognize marital rape for women above 18 years.

This judgment underscores the persistent failure of the Indian judiciary to acknowledge marital rape as a crime, leaving countless women vulnerable to sexual violence within marriage.

The second case, adjudicated by the Allahabad High Court, set a disturbing precedent regarding sexual violence against minors.

The court ruled that an attempt to rape is not a punishable offense under the Protection of Children from Sexual Offences (POCSO) Act unless the act is fully completed.

The case involved two men who grabbed an 11-year-old girl's breasts, broke her pajama strings, and attempted to drag her beneath a culvert.

The court, however, downgraded the charges from Section 376 IPC (rape) to Section 354(B) IPC (assault with intent to outrage modesty), ruling that their actions did not constitute an attempt to rape but mere preparation for the crime.

This judgment raises troubling questions: Does the court believe that groping a minor and attempting to remove her clothing is not an attempt to rape?

In our criminal law, an attempt to commit an offense is a punishable act.

If such acts are not considered serious offenses, then the safety of women and girls in India remains in grave jeopardy.