Legal Note: Gender Stereotyping and Its Impact on Women’s Access to
Justice in Sexual Offence Cases
I. Introduction
Gender stereotyping in sexual offence cases refers to the reliance on generalized beliefs or
assumptions about women’s behavior, character, or morality, rather than objective
evaluation of evidence. Such stereotypes hinder access to justice by undermining the
credibility of survivors and reinforcing discriminatory practices in legal proceedings.
II. Constitutional and Legal Framework
1. Article 14 – Right to Equality before Law.
2. Article 15 – Prohibition of Discrimination on Grounds of Sex.
3. Article 21 – Right to Life and Personal Liberty, including dignity, autonomy, and privacy.
4. Section 146 Proviso, Indian Evidence Act – Prohibits questioning the moral character of
the victim.
5. Section 53A, Indian Evidence Act – Past sexual history cannot be used to infer consent.
6. Section 327, CrPC – Mandates in-camera trials for sexual offence cases to protect the
survivor's privacy.
III. Impact of Gender Stereotyping on Access to Justice
1. Victim-Blaming Attitudes – Focus shifts from the accused to the survivor's conduct,
appearance, or background.
2. Assumptions About 'Ideal Victim' – Unrealistic expectations regarding how a survivor
should behave during and after the assault.
3. Myths Around Consent – Misconceptions like 'no means yes' or 'past relationship equals
consent' dilute the legal meaning of consent.
4. Character Assassination – Irrelevant scrutiny of the woman’s lifestyle, morality, or sexual
history.
5. Secondary Victimization – Traumatizing legal procedures and hostile questioning.
6. Discriminatory Treatment of Marginalized Women – Dalit women, sex workers, and rural
women face compounded bias.
IV. Judicial Pronouncements Against Gender Stereotyping
1. State of Punjab v. Gurmit Singh (1996) – Testimony of a rape survivor should not be
viewed with suspicion due to delay in FIR or lack of injuries.
2. Lillu v. State of Haryana (2013) – Declared two-finger test unconstitutional and violative
of dignity.
3. State of Jharkhand v. Shailendra Kumar Rai (2020) – Strong condemnation of judicial
stereotyping.
4. Puttaswamy v. Union of India (2017) – Affirmed right to privacy and bodily autonomy
under Article 21.
V. Measures to Avoid Judicial Gender Stereotyping
1. Adherence to Constitutional Values – Equality, dignity, and non-discrimination must
guide judicial reasoning.
2. Gender-Sensitive Judicial Training – Regular sensitization of judges, prosecutors, and
police officials.
3. Rejection of Rape Myths – Courts must discard prejudicial notions such as 'false
accusations are common' or 'only certain women can be victims'.
4. Application of Feminist Jurisprudence – Interpretation of law through the lens of gender
equality and constitutional morality.
5. Survivor-Centric Trial Procedures – Protection of survivor identity, respectful cross-
examination, legal aid, and psychological support.
VI. Relevant International Instruments
1. CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) –
Article 5 calls for elimination of gender stereotypes; General Recommendation No. 33
stresses women's access to justice.
2. Universal Declaration of Human Rights (UDHR) – Article 7 (equality before the law),
Article 10 (fair trial).
3. ICCPR (International Covenant on Civil and Political Rights) – Article 14 (fair trial), Article
26 (equality before law).
4. Declaration on the Elimination of Violence Against Women (1993) – Urges states to
prevent violence and remove discriminatory justice practices.
5. UN Handbook for Legislation on Violence Against Women (2010) – Recommends
stereotype-free legal systems and gender-sensitive laws.
VII. Conclusion
Judicial gender stereotyping is a serious barrier to women’s access to justice in sexual
offence cases. Courts must reject stereotypes and ensure survivor-centric, equality-based,
and constitutionally compliant adjudication practices. Legal systems must evolve through
training, law reform, and adherence to both national and international human rights
standards.
