Rape Survivors’ Rights under International Human Rights Standards and the Indian Legal Framework: A Critical Review

Abstract

Rape is a grave violation of human dignity and bodily autonomy, constituting a serious breach of fundamental human rights such as the right to life, equality, and freedom from cruel, inhuman, or degrading treatment. Survivors of sexual violence often endure not only severe physical and psychological trauma but also long-term social, economic, and emotional consequences. In addition to personal suffering, they frequently encounter systemic barriers in accessing justice, healthcare, legal assistance, and rehabilitation services due to institutional insensitivity, social stigma, and procedural delays.

This paper critically examines the rights of rape survivors under international human rights standards and the Indian legal framework. It analyses key international instruments such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the International Covenant on Civil and Political Rights (ICCPR), and the UN Declaration on Victims of Crime, and compares them with Indian constitutional provisions, statutory laws, and judicial responses. The study evaluates how far India has aligned its domestic laws with international obligations to ensure survivor dignity, privacy, access to justice, and effective remedies. The paper concludes with practical recommendations to strengthen survivor rights through legal reforms, institutional accountability, gender-sensitive training, and a rights-based approach to justice aimed at restoring dignity, trust, and meaningful access to justice for survivors of sexual violence.