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VICTIM BLAMING: A NEW GUIDE TO VICTIMOLOGY IN INDIA

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Victimology, the study of victims and their experiences, is a crucial aspect of criminology and legal studies. In India, where socio-cultural factors deeply influence crime and justice, victim blaming has emerged as a significant issue. This article explores how victim blaming shapes societal responses to crime, its psychological and legal implications, and the need for a victim-centered justice system in India.

Introduction: Understanding Victim Blaming 

Imagine someone gets robbed while walking home late at night. Instead of blaming the thief, people say, “Why were they walking alone so late?” or “They should have been more careful.” This is victim blaming- it shifts the responsibility from the person who committed the crime to the person who suffered from it. 

Victim blaming is a widespread issue in India. Whether it’s a case of sexual violence, bullying, domestic abuse, or cybercrime, victims often hear questions like: 

These reactions discourage victims from seeking justice, make them feel guilty for something that wasn’t their fault, and allow perpetrators to escape responsibility. 

What is Victim Blaming and Why Does It Happen? 

Victim blaming happens when people assume that the victim did something to “cause” or “deserve” the harm they suffered. Instead of focusing on the wrongdoer, they analyze the victim’s actions, choices, or appearance. 

Why do people blame victims? 

  1. Belief in a Just World:  Many people like to believe that the world is fair, where good things happen to good people and bad things happen to bad people. When someone is harmed, it challenges this belief, so people try to rationalize it by thinking, “The victim must have done something wrong.” 
  2. Cultural Norms and Patriarchy: In India, especially in cases of sexual violence or domestic abuse, there is a strong cultural expectation that women should behave in a “certain way.” If they don’t, they are blamed. For example, a woman who stays out late, wears modern clothes, or socializes with men is often seen as “asking for trouble.

However, according to the National Family Health Survey (NFHS), approximately 8.5% of women in India have reported experiencing sexual violence at least once in their lifetime. The National Crime Records Bureau (NCRB) reported 24,206 recorded rape incidents in 2011, with a 9.2% increase from 2007 to 2011. However, these numbers are believed to be underestimations due to underreporting.

Victim Blaming in India: Where Do We See It? 

  1. Gender-Based Violence: One of the most common examples is when women are blamed for rape or harassment. Instead of questioning the rapist, society asks: 
  2. “What was she wearing?”
  3. “Why was she out at night?” 
  4. “Did she provoke him?” 

In the Nirbhaya case (2012), a horrific gang rape in Delhi, one of the rapists even said in an interview that it was “the girl’s fault for being out late.” Following the incident, some public figures suggested that the victim’s presence outside her home late at night contributed to the crime, implicitly blaming her for the assault. This shocking mindset is not rare- it reflects how deeply ingrained victim blaming is. 

Similarly, in Budaun Case (2014), where two teenage girls were found hanging from a tree in Budaun, Uttar Pradesh, after being gang-raped. Initial reactions from some community members questioned why the girls were out in the fields at night, insinuating that their actions led to the tragedy.

Even police officers and court officials sometimes make insensitive remarks. In 2021, the Bombay High Court ruled that groping a child without “skin-to-skin” contact was not sexual assault under the POCSO Act. Such judgments discourage victims from coming forward. 

Instead of punishing the hacker or blackmailer, society judges the victim’s personal choices. 

This makes many women stay silent, allowing the harassers to continue their behavior without consequences. 

In Tarun Tejpal Case (2013), Tarun Tejpal, the editor-in-chief of Tehelka magazine, was accused of sexually assaulting a junior colleague in 2013. During the trial, the survivor’s personal life and character were intensely scrutinized, leading to public victim blaming. The judgment acquitting Tejpal in 2021 was criticized for its misogynistic tone and for focusing on the survivor’s behavior rather than the accused’s actions.

This dismisses their pain and makes it harder for them to seek help. 

The Effects of Victim Blaming 

Victim blaming has serious emotional and social consequences: 

  1. Emotional Trauma: Victims feel ashamed and guilty for something that wasn’t their fault, leading to depression, anxiety, and even PTSD. 
  2. Lower Reporting of Crimes: If victims believe they will be blamed, they hesitate to report crimes. 
  3. Perpetrators Go Unpunished: When society focuses on the victim’s actions instead of the criminal’s, the real culprit often escapes consequences. 
  4. Isolation and Stigma: Victims may be shunned by family, friends, or communities, making their suffering even worse. 

What Does Indian Law Say About Victim Blaming? 

India has laws to protect victims, such as: 

However, despite these laws, victims often face judgment from police, lawyers, and even judges. Many cases don’t go to court because victims fear being blamed and shamed. A survey revealed that 68% of judges in India held cultural attitudes that blamed victims for their attire, reflecting deep-rooted biases within the legal system.

How Can We Stop Victim Blaming? 

Conclusion: Shifting the Focus Where It Belongs 

India needs a serious cultural shift to stop blaming victims and start holding perpetrators accountable. Instead of questioning victims, we should: 

The next time you hear someone blaming a victim, stop and think:  “Would I say the same thing if it happened to me or someone I love?” 

Victim blaming isn’t just unfair- it’s dangerous. It allows injustice to continue. It’s time we change that.

This Blog is written by Shirsti

Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is personal.

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