From 1979 Rape Row To Reform: CJI Gavai On Landmark Gender Justice Journey

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New Delhi: Chief Justice of India B R Gavai has described the Supreme Court verdict in the 1979 rape case as a moment of institutional embarrassment.

Acknowledging public disappointment, CJI Gavai admitted that the judiciary failed to uphold its intended purpose in this case.

Speaking at the 30th Sunanda Bhandare Memorial Lecture, CJI Gavai termed the verdict as one of the most troubling moments in India’s judicial history, where the judicial system could not protect the dignity it was meant to uphold.

In the 1979 case, the Supreme Court acquitted two policemen accused of raping a tribal girl inside a police station, citing the absence of physical injury marks and asserting the relationship was consensual.

CJI Gavai pointed out that the judgement exposed gaps in criminal law and led to necessary reforms focused on gender equality.

He further noted that following this ruling, several revolutionary laws for gender justice were enacted, and the judiciary delivered landmark decisions that brought women to the forefront of constitutional citizenship.

CJI also highlighted the intensified public and women’s movements for rights that the verdict helped ignite.

This reflection underlines the significant transformation in India’s legal and social approach towards gender justice over the past decades.

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