India's rape law, enshrined in the colonial - era Indian Penal Code, placed the burden of the victim to establish her 'good character' and prove that a rape had occurred, which left her open to discredit by opposing counsel. Many rapes were never reported as a result of the humiliation to which this system subjected the victims.

India's rape law, enshrined in the colonial - era Indian Penal Code, placed the burden of the victim to establish her 'good character' and prove that a rape had occurred, which left her open to discredit by opposing counsel. Many rapes were never reported as a result of the humiliation to which this system subjected the victims.

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The quote sheds light on the deeply ingrained issues within India's legal system during the colonial era, as highlighted in 'An Era of Darkness: The British Empire in India' by Shashi Tharoor. The colonial laws, particularly the Indian Penal Code enacted under British rule, were not merely a reflection of the time but were a tool of systemic oppression that continued to impede justice and dignity for Indian women. Requiring victims to prove their 'good character' placed an unfair and humiliating burden on women who had already suffered trauma. It shifted the focus from holding perpetrators accountable to scrutinizing the victim's morality, a strategy that effectively silenced many victims. The psychological and social ramifications of such a requirement cannot be overstated; victims faced entire community disapproval, social ostracism, and internalized shame that dissuaded them from speaking out. This reflects a broader pattern observable in colonial policies—prioritizing societal control and preservation of colonial authority over justice and human rights. The legacy of these outdated and oppressive laws continues to influence contemporary legal debates and societal attitudes towards sexual violence in India. Recognizing this historical context is essential to understanding the ongoing struggles to reform these laws and ensuring dignity and justice for victims. It also underscores the importance of legal reforms that focus on accountability and compassion, moving away from victim-blaming to a system that genuinely seeks justice.

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June 23, 2025

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