RAPE SHIELD LEGISLATIONS AND THE USE OF EVIDENCE IN INDIAN COURTS

Abstract

In light of the current rape reforms and insertion of section 53-A and 114-A in the Indian Evidence Act acts as a shield to the rights of women. After, the Nirbhaya Gang Rape case there is a prominence in the shield’s provided in the cases of rape. This main premise of this paper is that the use of sexual behavior evidence is in contradiction with the Rape Shield Laws of India. The Supreme Court having laid down that loose character is no basis of consent for rape, has not touched upon the necessity to prevent corroborating evidence through the sexual behavior of the victim as enshrined under the law. Moreover, the use of evidence in rape trials needs to be analyzed in cases the victim is a prostitute. The use of sexual behavior evidence in trials of a prostitute is a major loophole to these shields. Further, even in cases when they are not paid for their services it should be shielded by these laws, and not be exempted due to their sexual behavior in the society. Thus, it is important to bring about focus on the aspect that a profession cannot take away one’s right to consent and it should still be a facet under the Indian rape and evidence laws. The researcher will analyze the recent Indian judgments and the current criminal laws that lay down Rape shielding laws in India. Moreover, after depicting the lacuna and also considering the international rape shield laws, bring in a more progressive solution for improving the current legal framework for the offences of rape and effectively using the shields to serve its purpose and protect all sections of the society from the heinous crime of rape.