(On the 4th anniversary of the Nirbhaya case, we are still a long way away from creating a safe space for women. A set of recent incidents involving gruesome rapes of women across the country has yet again raised several questions about Indian society and judiciary. We at The Quint believe that a rape survivor’s life doesn’t end when she is raped. And that even if our institutions - law, the judiciary, the hospitals - are failing a rape survivor, we as a society need to step up. And keep the fight going. We are publishing this article originally published on 23 September 2016 from The Quint’s archives as part of our #FightingRape campaign.)
In a courtroom, it usually is the duty of a lawyer to present the best form of argument to defend his or her client.
But does asking a rape survivor to reenact the posture in which she was raped constitute an argument?
In 2008, a trial court judge in Rajasthan allowed a defence lawyer to ask a rape survivor to do precisely that. Subsequently, the Rajasthan High Court severely criticised the trial court judge’s conduct.
A rape survivor being humiliated or forced to relive the trauma during cross-examination in a rape trial is common; especially as we move away from Supreme Court in Delhi to trial courts in smaller towns.

