Who Gets to Be Believed? Brahmanical Patriarchy’s Influence on the Judiciary’s Construction of a Woman’s Victimhood

Sexual assault cases in India are believed to be decided solely based on the existing legal framework and evidentiary principles. However, the courtroom cannot be considered as an abstract institution, immune to the impact of the socio-cultural environment in which it exists. This paper seeks to examine the way Brahmanical patriarchy and its perpetuated culture influence the understanding and treatment of female victims of sexual assault. By analysing the concepts of ‘brahmanical patriarchy’ developed by Uma Chakravarti, and the ‘ideal victim’ proposed by Nils Christie, this paper attempts to explain how purity, chastity, and caste contribute to the development of the image of the ‘ideal woman’, and subsequently ‘ideal victim’. The article will consider several myths and feminist theories, as well as case laws, in order to demonstrate the role played by mythological characters like Sita, Draupadi, and Ahalya in determining the characteristics of an ideal woman today. Some examples of case laws, including the Mathura rape case, Bhanwari Devi case, and Mahmood Farooqui judgment, will demonstrate the effect that caste, sexual past, occupation, and the behaviour of the victim have on their credibility and capacity to give valid consent. Often, women whose behaviour does not correspond to society’s standards are treated with heightened suspicion and disbelief. While there have been recent judicial reforms that are admirable, the paper argues that dismantling the deeply entrenched patriarchal assumptions remains essential for ensuring fair access to justice for all victims of sexual assault, and not merely the ones society bestows its acceptance on.