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1. EXPLORING THE PLIGHT OF RAPE VICTIMS UNDER THE
INDIAN CRIMINAL JUSTICE SYSTEM WITH SPECIAL
REFERENCE TO THE STATE OF CHHATTISGARH.
- EKTA CHANDRAKAR

2. INTRODUCTION
 The Rule of Law mandates smooth functioning of the criminal justice system, which
is crucial for a nation's governance level.
 The criminal justice system aims to protect citizens' rights and society by
sentencing criminals, but it often focuses on the offender, leaving victims with little
support and limited opportunities.
 Section 2(wa) of Cr.P.C, 1973 defines "victim" as someone who has suffered loss
or injury due to the accused person's actions or omissions.
 But, providing justice and protecting crime victims' interests is a grey area that
requires legislative change and stringent executive action.

3. WHY VICTIMS OF RAPE?
 Rape is the fourth most prevalent crime against women in India.
 The National Crime Records Bureau (NCRB) reported that 31677 rape crimes—or
an average of 86 instances per day—were reported nationwide in its 2021 annual
report. 28840 of these victims were adults who had been raped. Out of these, 1093
rape crimes were recorded in the State of Chhattisgarh in the year 2021.
 Rape has a stigma attached to it, and in actuality, 99% of rape cases go unreported
solely due to this preconceived notion.
 The response that a rape victim receives from the criminal justice system and also
from the society is on par with a rape as significant barriers stand in the way of
India's rape survivors while receiving justice and assistance which double
victimizes them.

4. SITUATION FOR VICTIMS OF RAPE: NOT
SATISFACTORY
 Victims have to fight with the society as well as with the criminal justice agencies to
get the justice they deserve.
 They experience humiliation and endure appalling circumstances in hospitals and
police stations as they refuse to file complaints and treat them badly.
 Laws and procedures related to treatment of victims such as section 166A and
section 166B of IPC, 1860, are not very much strict and the guidelines by Ministry
of Health and Family Welfare is also not adhered too.
 Ground level reports from the stakeholders like investigation agencies, prosecution,
medico-forensic agencies, rehabilitation centers, legal aid agencies and also
Courts is not available.

5. SIGNIFICANCE
SIGNIFICANCE
SOCIAL
-Compassionate
society
-public awareness
-reduced stigma
LEGAL
-establishing legal
precedents
- Legal reforms
-Justice to victims
POLICY
-state specific policies
- Allocation of
resources
-collaborations

6. HYPOTHESIS
The victims of rape in India are least supported by the
Indian Criminal Justice System as the Indian laws seem
accused centric rather than victims and the prevailing victim
support services including compensation are inadequate.

7. NOVELTY
• This exploration will take a unique lens, focusing its gaze especially on the state of Chhattisgarh,
where the socio-cultural tapestry is already weaved into its own complexities of providing justice to the
rape victims.
• This research will delve beyond the conventional narratives surrounding the victims of rape unveiling
the nuanced challenges faced by them along with the potential for reform within the state.
• This research will aim to dissect the overall journey of survivors, from the initial reporting of the crime
to the courtroom drama and, often overlooked, the aftermath.
• Legal frameworks, law enforcement responses, societal attitudes, and support systems available to
victims, will be scrutinized unraveling the complex interplay that either empowers or further
marginalizes survivors.
• It will aspire to contribute not only to academic discourse but also to be a catalyst for change, sparking
conversations that transcend regional boundaries and resonate on a national scale the stark realities
faced by survivors.

8. STATEMENT OF PROBLEM
• Victims of rape suffers double victimization when placed
in the process of dealing with the agencies of the Indian
Criminal Justice System.
• Need to explore into the evidence-based experiences of
rape victims, examining the obstacles they face,
identifying potential areas for improvement, and coming
up with recommendations in order to shape policies and
address victims' plight.

9. RESEARCH QUESTIONS
• What particular difficulties and impediments do rape victims face while interacting with
the Indian Criminal Justice System (ICJS)?
• How victim-blaming and cultural beliefs affect the victims of rape and their experiences
within ICJS?
• How effective are the ICJS's victim support services in meeting the needs and concerns
of rape victims?
• What are the primary causes that cause delays in legal processes, and how does it
psychologically effect rape victim’s experiences at the ICJS?

10. RESEARCH QUESTIONS
• What kind of emotional and social assistance does the family offers in the psychological
healing of rape victims?
• How do rape victims describe their overall experience of seeking justice and receiving
help from the Indian Criminal Justice System?
• What are the long-term psychological consequences of rape victims' interactions with
the Indian Criminal Justice System?
• What are the specific recommendations that rape victims would themselves like to give
to the agencies under the Indian Criminal Justice System so as to better help and solve
their plight?

11. METHODOLOGY
The method adopted by the researcher will be Doctrinal Research as
well as Empirical Research Method through Questionnaires, Surveys,
Interviews of victims and all the agencies of criminal justice system
along with Litigants, academicians and scholars.

12. REVIEW OF LITERATURE
• G.S. Bajpai, “Victim in the Criminal Justice Process: Perspectives on Police and Judiciary”,
Uppal Publishing, New Delhi, 1997.
• Prachi Sharma, M K Unnikrishnan and Abhishek Sharma, “Sexual violence in India:
addressing gaps between policy and implementation” Health Policy and Planning, 2015.
• G.S. Bajpai and Shriya Gauba, “Victim Justice: A Paradigm Shift in Criminal Justice System
in India”, Thomas Reuters, India, 2016.
• Jayshree Bajoria, “Everyone Blames Me Barriers to Justice and Support Services for Sexual
Assault Survivors in India”, Human Rights Watch, 2017.
• Dr. Namita Jain & Ms. Aditi Tyagi, “State of Rape Victims in India”, Elementary Education
Online, 2020.

13. RESEARCH DESIGN
Exploratory study
Time dimension: Cross sectional study
Primary and Secondary data
Sampling Techniques: Convenience sampling
method of Non-probability sampling technique
Data analysis

14. DATA COLLECTION METHODS
• The primary data will be collected by Mixed Methodology combining both qualitative and
quantitative data.
For Quantitative Data Collection, Structured Questionnaires along with Victim Case Records will be
preferred. Questions may cover aspects such as reporting, legal proceedings, victim support services,
and overall satisfaction with the justice system. The Likert scale and closed-ended questions may be
used.
For Qualitative Data Collection, In-depth structured Interviews will be conducted with Rape
Survivors, legal professionals, victim support service providers, and other key stakeholders of CJS to
explore the challenges, barriers, and experiences of victims within the ICJS. Observation method too
will be followed.
• The secondary data will be procured from the following sources of information such as: Rules,
Statistical reports, Reported and Unreported Case Laws on the subject decided by the Supreme Court
and various High Courts; Law reports, journals, reviews on victims of rape.

15. EXPECTED OUTCOMES OF RESEARCH
Identification of the loopholes that exist in the law
Specialized trainings for the agencies and authorities
Establishment of Crime Victims Crisis Centers
Increase in public awareness and reduced stigmatization
Adequate budgetary allocations for reforms
Help in identifying the patterns of rape victims
Foster in evidence based research

16. LIST OF REFERENCES
Statutes
• The Constitution of India, 1950.
• The Code of Criminal Procedure, 1973 (Act 2 of 1974).
• The Indian Penal Code, 1860 (45 of 1860).
• The Indian Evidence Act, 1872.
Books
• V. N. Shukla, Constitution of India, Eastern Book Company, Lucknow (12th edition), 2013, Revised by
Mahendra Pal Singh.
• K.N. Chandrasekharan Pillai, R V Kelkar's Criminal Procedure, Eastern Book (7th Edition 2021,
Reprinted 2023)
• K.D. Gaur, Textbook on Indian Penal Code, Lexis Nexis, (7th Edition), 2021.
• N.V. Paranjape, Criminology & Penology with Victimology, Central Law Publications, Allahabad( 17th
edition), 2018

17. LIST OF REFERENCES
Reports
• Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, G.A.
Res. 40/34, U.N. Doc. A/RES/40/34 (Nov. 29, 1985).
• Crime in India Report 2021, National Crime Records Bureau, Ministry of Home Affairs,
Government of India.
• Guidelines and protocols on Medico Legal care for survivors of sexual violence, Ministry of
Health and Family Welfare, Government of India.
• NALSA’s Compensation Scheme for Women Victims/Survivors of Sexual Assault/other
Crimes – 2018.

18. FEASIBILITY OF CONDUCTING
PROPOSED RESEARCH
 It has always kept me keen that why we never consider victims as a part of our
criminal justice system.
 My very purpose to conduct this research is to assist victims by providing them
with the justice they deserve and assure them that they will no longer be
victimized by the criminal justice agencies.
 My main intention through this research is to build a country where justice should
not only be done, but should manifestly and undoubtedly be seen to be done.

19. WHY MNLU FOR THE PROPOSED
RESEARCH?
 I have chosen Maharashtra National Law University for pursuing PhD because of
its special dedication in understanding the needs of students like me.
 In its strong legal programme, it also lays emphasis on the idea of giving back to
the community.
 It has achieved new heights in the field of legal education across India.
 MNLU over a period of 9 years has very efficiently proved its ability in balancing
laws with morals and ethics of the Indian society.
 University possessing qualities like these made me anxious to approach this
university.

20. THANK YOU