The Application Of Therapeutic Jurisprudence To Victims Of Sexual Offences In India: A Comprehensive Analysis
- IJLLR Journal
- Mar 30
- 1 min read
Aastha Gupta, NALSAR University of Law
ABSTRACT
Therapeutic Jurisprudence (TJ), as developed by David Wexler and Bruce Winick, seeks to reshape the role of the legal system by emphasizing the psychological and emotional well-being of individuals involved in legal proceedings. This framework holds particular relevance in cases of sexual violence, where victims frequently face secondary trauma due to the adversarial nature of trials. In India, despite significant legislative reforms following high-profile incidents such as the 2012 Delhi gang rape, survivors continue to encounter barriers that exacerbate their trauma during legal processes. This paper aims to explore how the principles of TJ might be adapted to address these challenges within the Indian context. By conducting a comprehensive literature review, analyzing comparative legal systems, and evaluating India’s existing legal frameworks, this research proposes potential reforms aimed at creating a more supportive environment for survivors of sexual violence. The paper further highlights the need for trauma-informed practices, victim-friendly court procedures, and ongoing judicial training as steps towards a more therapeutic legal system.
Keywords: Therapeutic Jurisprudence, Sexual Violence, Indian Legal System, Victim-Centric Justice, Trauma-Informed Practices
