Stigma must rest on the wrongdoer, not the Survivor:Delhi High Court

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The Delhi High Court underscored the urgent need for society to realign its understanding of crimes of sexual violence. The Court observed that the weight of stigma in rape cases must fall squarely on the perpetrator and never upon the survivor.

Justice Girish Kathpalia, while delivering the judgment in Altaf vs. State Govt. of NCT of Delhi, dismissed the accused’s plea that quashing the case would shield the complainant from social dishonour. The Court described such reasoning as “obnoxious” and wholly unsustainable in law.

Refusing to entertain the argument, the Bench imposed a fine of ₹10,000 on the accused and permitted the prosecution to continue. It stressed that the tendency of shifting societal shame onto victims of sexual assault perpetuates injustice and emboldens offenders. By affirming that opprobrium must rest on the shoulders of those who commit the crime, the Court reinforced the principle that dignity and respect belong unequivocally to survivors.

The ruling resonates beyond the confines of the case itself, articulating a broader call for a cultural and legal transformation. By refusing to allow manipulative defenses that camouflage culpability under the guise of protecting a survivor’s reputation, the High Court reaffirmed that true justice demands accountability. Survivors of sexual violence must be met with empathy and dignity, while perpetrators must bear the full weight of society’s condemnation.