Invisible Sentences: Legal Invisibility Of Post- Rape Trauma Survivors In India
- IJLLR Journal
- 5 days ago
- 1 min read
Abigail Shiju, B.A. LL.B. (Hons.), CHRIST (Deemed to be University), Bengaluru
ABSTRACT
This paper examines the persistent legal invisibility of post-rape trauma survivors in India, highlighting how existing criminal laws, victim compensation schemes, and judicial practices inadequately recognize and address survivors’ long-term psychological and social struggles. Despite legislative reforms such as the Bharatiya Nyaya Sanhita (2023), Bharatiya Nagarik Suraksha Sanhita (2023), Bharatiya Sakshya Bill (2023), Protection of Children from Sexual Offences (POCSO) Act (2012), and Mental Healthcare Act (2017), survivors continue to face procedural, institutional, and judicial barriers that undermine their rehabilitation and reintegration.
Adopting a qualitative socio-legal research methodology, this study conducts a doctrinal analysis of statutes and judicial decisions alongside a review of interdisciplinary literature from psychology, criminology, and victimology. Primary sources include statutory provisions and landmark judgments, while secondary sources comprise peer-reviewed articles, NGO reports, government publications, and survivor narratives. Comparative insights from jurisdictions such as the United Kingdom, Canada, and South Africa are used to identify best practices in post-trial trauma care.
The study aims to map the gap between legislative intent and practical outcomes, evaluate judicial approaches to survivor rehabilitation, and propose feasible reforms to embed long-term trauma care within India’s criminal justice framework. By centering survivors’ experiences, this paper contributes to ongoing debates on victim-centric law enforcement, post-trial support, and socio-legal reform in India.
Keywords: Post-rape trauma; Survivor rehabilitation; Victim compensation; Criminal justice system; Bharatiya Nyaya Sanhita; Trauma-informed justice; Socio-legal reform; Victimology; Mental Healthcare Act; Comparative legal analysis.
