Insensitive handling of Sexual Violence cases can lead to Acquittals, says Justice Gita Mittal

At a panel discussion in New Delhi, former Chief Justice of the Jammu and Kashmir High Court, Justice Gita Mittal, called for greater sensitivity within the justice system while dealing with sexual offence cases, warning that systemic biases continue to undermine fair outcomes. The remarks, made alongside Vrinda Grover, emphasised growing concerns that procedural lapses and social prejudices are still obstructing meaningful justice for survivors.

Justice Mittal pointed out that even trained legal stakeholders, police, prosecutors, and judges, often approach such cases with ingrained social discomfort. She illustrated this through an instance where a child rape case was recorded in vague, euphemistic terms, diluting the gravity of the offence. The discussion highlighted how such gaps in documentation and evidence appreciation can weaken prosecution, while survivors are further subjected to intrusive questioning that erodes their dignity during trial.

Emphasising the need for reform, Justice Mittal observed that “access to courts does not necessarily translate into access to justice,” stressing that the system must adopt a trauma-informed approach to ensure victims can testify without fear or humiliation. She also pointed to initiatives like vulnerable witness deposition centres as a step forward, while questioning why compensation burdens rest solely on the State. The discussion ultimately called for accountability not just within the legal process but also at a societal level, urging bigger structural change.

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