Author: Ridhima
Introduction
Rape is a heinous crime that violates not just the physical body but the very soul and dignity of an individual. While the legal system focuses on the ‘Burden of Proof,’ the Indian social landscape often imposes a far more crushing ‘Burden of Shame’ on the survivor. This phenomenon, known as victim-blaming, shifts the focus from the perpetrator’s criminality to the survivor’s conduct, clothing, and choices. It stems from a regressive societal mindset that views a woman’s dignity as a fragile commodity that she must “protect” by following unspoken social rules. According to NCRB reports, thousands of rape cases are reported every year, yet experts believe that many cases remain unreported due to fear of social humiliation. Victim blaming reinforces rape culture, where society normalizes sexual violence.
The Perversion of Perspective: The Convict’s Mindset
The true criminality often lies not just in the act, but in the mindset that justifies it. A stark and disturbing example of this was seen in the interview of Mukesh Singh, a convict in the 2012 Nirbhaya Case. He infamously stated, “A girl is far more responsible for rape than a boy,” and suggested that if she were a “decent girl”, she wouldn’t be out late at night. When the perpetrator himself feels like a “moral vigilante” punishing a woman for her choices, it shows a deep-seated rot in the societal psyche. This is the “Criminality of Mind” where the rapist feels entitled, and society, by questioning the victim, indirectly validates this entitlement.
Institutional Insensitivity: When Leaders Falter
Victim-blaming is not limited to the uneducated; it permeates the highest corridors of power. A shocking remark was made by Former Speaker and Congress MLA K.R Ramesh Kumar that , “There is a saying that when rape is inevitable, lie down and enjoy it.” Such statements, made by lawmakers, do more than just offend; they normalize sexual violence and suggest that a woman’s trauma is a matter of “inevitability” rather than a violation of her fundamental rights. When a minister or a public figure mocks the gravity of rape, they create an environment where survivors fear being ridiculed by the very system meant to protect them.
The Myth of ‘Provocation’ and the Masculinity Crisis
A major reason why society judges the girl is the deep-rooted myth of ‘provocation.’ We are raised in a culture that teaches girls how not to get raped, instead of teaching boys not to rape. This mindset suggests that men are “primitive beings” who lose control at the sight of a woman’s skin or her presence in a public space at night. This is not just an insult to women, but also a poor reflection of masculinity. By blaming the victim’s clothes or timing, society effectively excuses the perpetrator’s lack of moral character and self-control. True masculinity lies in respecting consent, not in asserting power. The transition from the Bharatiya Nyaya Sanhita (BNS) to a safer society will only be successful when we stop treating rape as a “consequence of a girl’s mistake” and start treating it as a “calculated choice made by a criminal.
The “Ideal Victim” Trap and Legal Realities
Our society often seeks an “Ideal Victim” someone who fought back, who wasn’t out late, and who was dressed “appropriately.” If a survivor doesn’t fit this mold, her character is assassinated. Legally, Section 63 of the Bharatiya Nyaya Sanhita, 2023 focuses on the absence of consent, but socially, the trial begins even before the FIR is filed. We must understand that a woman’s past, her clothes, or the time of the incident can never be a justification for a crime.
The Digital Trial and Social Media Moral Policing
In the 21st century, the ‘Burden of Shame’ has found a new playground: Social Media. Whenever a case of sexual assault is reported, a parallel trial begins on digital platforms. Anonymous users often scour through the survivor’s social media profiles, scrutinizing her photos, her friends, and her lifestyle. If she is seen partying or wearing western clothes in her old pictures, the digital mob uses it as “evidence” to justify the crime. This ‘Digital Moral Policing’ creates a secondary trauma for the survivor. Instead of receiving support, she is met with hashtags that question her character. We must realize that a person’s digital footprint or their social choices do not give anyone a license to violate their bodily autonomy. The “Gandi Soch” that used to be whispered in street corners has now become a loud, toxic roar on the internet, making the search for justice even more suffocating for the victim.
Judicial Shield Against Regressive Mindsets
The Indian Judiciary has, time and again, tried to strike down this “Gandi Soch” through landmark judgments:
State of Punjab v. Gurmit Singh (1996)[1]: The Supreme Court held that a survivor’s testimony is sufficient and she should not be viewed with suspicion like an accomplice.
Aparna Bhat v. State of Madhya Pradesh (2021)[2]: The Court strictly prohibited gender-stereotypical remarks (like asking a victim to tie a Rakhi to the accused) in judicial orders.
The State of Maharashtra v. Madhukar Narayan Mardikar (1991)[3]: The Court clarified that even a woman of “easy virtue” has a right to privacy and her consent cannot be taken for granted.
Media’s Responsibility in Shaping Mindsets
Another crucial factor is the role of mainstream media and cinema in perpetuating victim-blaming. For decades, popular culture has glorified “persistence” as love and often depicted women’s “No” as a hidden “Yes.” This subtle reinforcement of regressive ideas feeds into the “Gandi Soch” that justifies harassment and assault. When media outlets focus on a survivor’s personal history or family background instead of the heinous nature of the crime, they inadvertently participate in victim-blaming. It is high time that journalists and content creators adopt a victim-centric approach, ensuring that the narrative always holds the perpetrator accountable without casting shadows on the survivor’s character.
Conclusion
The battle against rape cannot be won only in courtrooms; it must be won in the minds of the people. We must shift the narrative from “Why was she there?” to “Why did he do it?” The burden of shame must be transferred from the survivor to the perpetrator. True reform will only happen when we stop judging the girl and start dismantling the criminal mindset that thinks it has power over a woman’s body.
Referances:
[1] State of Punjab v Gurmit Singh (1996) 2 SCC 384.
[2] Aparna Bhat v State of Madhya Pradesh 2021 SCC Online SC 230.
[3]The State of Maharashtra v Madhukar Narayan Mardikar [1991] 1 SCC 57.
