Justice system not victim-friendly, laments Indira Jaising

Additional Solicitor General of India Indira Jaising on Monday said much more could be done to guarantee conviction of the accused in cases of sexual abuse.

Delivering the inaugural United Nations Public Lecture on Sunday, she lamented that the criminal justice system is not victim-friendly and focuses on the rights of the accused alone. She urged authorities to help survivors of sexual assault navigate the system.

“We need to ensure that the victim and her family are taken into confidence at every stage of the decision-making process and in sharing of information relating to the prosecution. We need to inspire confidence in the victim to continue with the proceedings,” she said.

The lecture was organised on the eve of International Day for the Elimination of Violence against Women.

“While substantive changes were made in the Sexual Assault Law in March 2013, no corresponding changes were made in the procedural laws, nor were any systems or institutions put in place to assist survivors of sexual assault,” said Jaising.

She also urged for greater clarity in the filing of cases of sexual harassment at the workplace in the context of The Sexual Harassment of Women at the Workplace (Prevention Prohibition and Redressal) Act, 2013.

She suggested removal of provisions for penalising complainants “as they tend to discourage reporting rather than support the victim”. She also wanted the provision for conciliation of a complaint of sexual harassment to be done away with.

Rebecca Reichmann Tavares, Representative of the UN Women’s Office for India, Bhutan, Maldives and Sri Lanka, stressed on the implementation aspect.