West Bengal Chief Minister Mamata Banerjee’s bizarre statement in the wake of yet another rape incident involving a medical student in West Bengal’s Durgapur may jolt many, but the fact is that such instances of victim blaming are alarmingly common in our society. The CM blamed the rape victim for stepping out of the premises late at night.
Victim blaming is a deep-rooted malaise in India, reflected even in ancient mythological narratives such as the Ramayana and Mahabharata, where Sita was accused of adultery and Draupadi unfairly blamed for alleged unchastity, suffering that tore through their families and deeply scarred their physical and emotional well-being.
Whenever a woman is divorced or raped, the prevailing social perception often shifts blame onto her, suggesting that it must somehow be her fault that the marriage failed or that she was assaulted. In a society where justice often crawls at a snail’s pace, victim blaming has become an even greater obstacle than the crime itself. Instead of confronting perpetrators and demanding systemic accountability, public discourse too often targets those who have already suffered. Each time a survivor of assault, harassment or violence steps forward, familiar questions echo: “Why was she there?”, “What was she wearing?”, “Why didn’t she resist or report earlier?” Some go further, asking, “Why was she out without a male companion?” or “If she was with a man, why did she go out so late when she knew it wasn’t safe?” In cases involving alcohol, the judgment is instant: “She was drunk; that’s why she was raped.” This reflects the pervasive belief that women who drink or visit pubs are of questionable moral character — a mindset steeped in gender bias and hypocrisy.
These questions expose the entrenched prejudice in our social fabric, where women are repeatedly portrayed as the cause of their own suffering. The blame shifts seamlessly from offender to victim, reinforcing the toxic notion that women are responsible not only for their own safety but also for the crimes committed against them.
Victim blaming is not merely a moral failure; it is a social pathology. It stems from deep-seated patriarchy that conditions society to police women’s behaviour while excusing men’s misconduct. By turning moral scrutiny upon the victim instead of the perpetrator, society perpetuates injustice and reinforces dangerous stereotypes. This attitude not only erodes women’s standing but also psychologically cripples survivors, discouraging them from seeking justice. Silence, born of fear and shame, becomes a second form of violence — and a profound indictment of the criminal justice system itself.
One of the major reasons this mindset persists is entrenched misogyny. It is not only ordinary citizens who hold such regressive views — even those within the criminal justice system sometimes echo them. Several disturbing cases illustrate this. In 2020, the Madhya Pradesh High Court ordered a rape accused to have a rakhi tied by the victim as a condition for bail — an order later stayed by the Supreme Court for its insensitivity. In 2022, a Kerala sessions court granted bail to a man accused of sexual harassment, observing that the victim had worn a “sexually provocative dress” — and therefore, the charge of outraging a woman’s modesty could not be sustained.
Mamata Banerjee’s statement has to be seen in this context. Following the rape of a medical student, barely a kilometre away from his academic premises, the CM stated: “A girl shouldn’t be allowed to come outside at night-time. They also have to protect themselves.” Such remarks, especially from a woman leader, underscore how deeply normalised victim blaming has become. Instead of condemning lapses in policing or institutional accountability, the focus shifts to controlling women’s freedom and choices. This mindset not only excuses perpetrators but also perpetuates the dangerous belief that women invite violence upon themselves.
Another grave issue within the justice system, particularly in cases of sexual offences,is the insensitive and judgmental treatment of survivors. During investigations, victims often face intrusive questioning, moral scrutiny in courtrooms, and institutional apathy from those meant to protect them. When a survivor’s testimony is doubted because she “didn’t behave like a typical victim”, or when the burden of proof subtly shifts from the accused to the assaulted, justice loses its meaning. The very spaces designed to protect victims frequently become arenas of secondary victimisation. Instead of focusing on evidence, consent, and the accused’s conduct, the system too often descends into policing a woman’s morality, lifestyle, or past relationships.
Such practices not only retraumatise survivors but also deter countless others from seeking justice. This systemic insensitivity, coupled with entrenched social stigma, often leads families to dissuade victims from filing complaints in cases of sexual assault or domestic violence. The fear of shame, public scrutiny and disbelief continues to silence many women, sustaining a vicious cycle of fear, injustice and impunity.
The criminal justice process must evolve from suspicion to sensitivity and also from interrogation to empathy. Law enforcement officers, prosecutors, judges and medical professionals all require continuous gender-sensitivity training to ensure that victims are treated fairly and that trials remain survivor-centric, free of prejudice and discrimination. It is also time for India to adopt the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) — a step that would reaffirm the nation’s commitment to ending victim blaming and building a justice system that safeguards dignity, rights and safety, irrespective of gender.
What is often overlooked is how victim blaming silences survivors. Fear of judgment and humiliation discourages many from reporting crimes, leading to chronic underreporting and the normalisation of violence. In this way, victim blaming not only distorts justice but also protects aggressors by isolating victims.
If we truly want safer societies, the focus must shift from “Why did she not prevent it?” to “Why did he do it?” Accountability must rest squarely with the perpetrator — and the systems that enable him. Schools and universities must teach consent, empathy and respect from an early age, while the media must uphold dignity and privacy in its reporting.
(Pyali Chatterjee is an associate professor and head of the department of the Faculty of Law at ICFAI University in Chhattisgarh)
