In a significant observation, the Delhi High Court has stressed the need for a paradigm shift in societal attitudes towards rape cases, making it clear that the stigma must lie on the perpetrator of the crime, not the victim.
The remarks came from Justice Girish Kathpalia while hearing a plea in Altaf vs. State Govt of NCT of Delhi & Anr., where the accused sought to quash a rape case registered under the Protection of Children from Sexual Offences (POCSO) Act.
During the hearing, counsel for the accused argued that the prosecutrix would continue to suffer societal stigma if the trial were to proceed, and therefore, the case should be quashed. Rejecting this argument in strong terms, Justice Kathpalia observed:
“The stigma has to be, not on the victim of the wrong, but on the perpetrator of the wrong. There has to be a paradigm shift in societal mindset by attaching stigma to the accused and not to the girl who underwent the horrid suffering by way of rape.”
The accused had also contended that he had arrived at a settlement with the parents of the minor prosecutrix. The Court, however, dismissed this plea, clarifying that only the victim herself has the agency to pardon such an offence, and not her parents.
Justice Kathpalia remarked that the prosecutrix, being the person wronged, was the only one entitled to forgive the accused—and that too only in circumstances recognized by law. The Court therefore held that the parents’ consent or settlement carried no legal weight.
In dismissing the plea, the Court also imposed a cost of ₹10,000 on the accused, directing that the amount be deposited with the Delhi High Court Legal Services Committee (DHCLSC) within one week.
This ruling serves as a powerful reminder that legal and social narratives in sexual offence cases must center on the accountability of the perpetrator, and that the justice system cannot allow arguments built on victim-blaming to influence outcomes.
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