WOMEN – BOTTOM RUNG OF THE SUBALTERN
LADDER & TOP RUNG OF THE SECONDARY
VICTIMIZATION LADDER
WHO IS A VICTIM ?
‘Victims’ means persons who, individually or collectively, have suffered harm,
including physical or mental injury, emotional suffering, economic loss or
substantial impairment of their fundamental rights, through acts or omissions that
are in violation of criminal laws operative within Member States, including those
laws prescribing criminal abuse of power.
- ( Declaration of Basic Principles of Justice for Victims of Crime and Abuse of
Power)
WHAT IS VICTIMIZATION ?

Victimization – Unwarranted singling out of a person from a
group and subjection to unfair treatment and other wrongs.
(Black's Law Dictionary Free Online Legal Dictionary 2nd Ed.)

Victimization comprehends every injury or loss suffered by a
person of unjust assault to him by acts of commissions and
omissions.
VICTIMS’ RIGHTS

Restitution

Compensation

Assistance

Access to justice and fair treatment
SECONDARY VICTIMIZATION


Secondary victimization or post crime victimization refers to the
persecution of the victims subsequent to the primary victimization.
Re-traumatization of victims which is often caused by the responses of
individuals and institutions.
SECONDARY VICTIMIZATION



The upsetting and humiliating treatment of victims which in most cases
is tormenting and agonizing for the victims that it depreciates the
significance of the primary crime.
Greatest impediment – Enervates or dampens the spirit for the pursuit
of redressal.
Reason : The perpetrator’s intention is to intimidate the victim and
prevent him or her from pursuing their ongoing battle for justice.
PERPETRATORS OF SECONDARY
VICTIMIZATION

Law enforcement, prosecutors, judges

Medical personnel

Social workers, coroners, clergy

Mental healthcare professionals

Family and friends

Media
IMPACTS OF SECONDARY
VICTIMIZATION

Decelerates the process of psychological
recovery

Low self-esteem

Loss of faith in a just world

Loss of trust in the legal system

Stigmatization
LAW ENFORCING AGENCY – AS THE
PERPETRATOR


Law enforcement as a perpetrator of
secondary victimization is the
greatest impediment to attain justice,
since they are the stepping- stone to
the process of redressal.
Victims are denied access to justice by
the very system designed to heal and
redress their injuries.
LAW ENFORCING AGENCY – AS THE
PERPETRATOR




Police personnel ill-treat, humiliate, abuse the
victims of a crime
Use of foul language, character assassination,
victim Blaming, refusal to file the FIR,
threatening to file false charges
Especially in cases of sexual offences the attitude
of the police is horrendous
Secondary victimization is so torturous to the
victims that the trauma experienced due to the
primary crime diminishes.
LAW ENFORCING AGENCY – AS THE
PERPETRATOR



Non-adherence to guidelines laid down by judiciary or POCSO
guidelines
Victim Blaming attitude and practices, ill-treating and verbally abusing
the victim and family members, filing / threatening to file false charges
of prostitution, Sexual harassment by the police personnel
Victims are reluctant to come forward to even report the crime, fearing
ill treatment and humiliation by the police personnel. As a result the
conviction rate in sexual offences cases is abysmally low.
LAW ENFORCING AGENCY – AS THE
PERPETRATOR

Although, according to the National
Crime Records Bureau (NCRB) records,
the number of rape cases being reported
in the period of 2009-2011 have
increased, the overall trend in conviction
rates of rape cases have been dipping.
The conviction rates were 44.3 % in
1973, 37.7% in 1983, 26.9% in 2009,
26.6% in 2010 and 26.4% in 2011.
Chart Title
50.00%
45.00%
40.00%
35.00%
30.00%
25.00%
20.00%
15.00%
10.00%
5.00%
0.00%
1973
1983
2009
2010
2011
DETERMINANTS OF SECONDARY VICTIMIZATION
1.
HYPER-MASCULINITY –
It is a psychological term for the exaggeration of
the male stereotypical behavior which
emphasizes on a man’s physical strength,
aggression and sexuality.

Callous sexual attitudes toward women

Belief that violence is manly

The experience of danger as exciting
DETERMINANTS OF SECONDARY VICTIMIZATION

Hyper-masculinity is closely associated with physical and
sexual aggression towards women.

GENDER-ROLE TRADITIONALITY - an orthodoxy which
delineates the domain of men and women in the society

Individuals with high GRT tend to reduce the gravity of the
crime (especially in case of sexual offences) and have a high
victim-blaming attitude.
DETERMINANTS OF SECONDARY VICTIMIZATION
2. BELIEF IN A JUST WORLD

The world is ideally a just place and people get what they deserve.

Individuals with high BJW blame the victim for a crime since the
believe that the victim must have done something wrong and
contributed to the offense and therefore they deserve it.

Advocates of BJW consider the perpetrator less blameworthy than the
victim.
DETERMINANTS OF SECONDARY VICTIMIZATION
3. RELATIONSHIP CLOSENESS

The closeness of the relationship between the perpetrator and the
victim plays a significant role while studying the impacts of
secondary victimization.

Victim blaming is more in scenarios where the perpetrator and the
victim are acquainted than in scenarios where they are strangers.
DETERMINANTS OF SECONDARY VICTIMIZATION

If there is a close relation between the perpetrator and the victim, the
victimization is doubted and judged as less violent.

Another factor affecting secondary victimization is the gender and
sexual orientation. Females are observed to be blamed more than males
but in homosexuals males are more blamed than females.
DETERMINANTS OF SECONDARY VICTIMIZATION
4. RELIGIOSITY

The effect religion has on secondary victimization differs by religious
groups and the spiritual orientation.

Members belonging to the conservative orthodox religious groups tend to
blame the victim more and believe that it is the victim who is more
responsible. Victim blaming is also correlated with whether the religious
identity of an individual is extrinsic or intrinsic.
DETERMINANTS OF SECONDARY VICTIMIZATION

People with extrinsic religious orientation viewed religion as a source of social
status and showed positive correlation to lesbian/gay and racial/ethnic
intolerance. (Hunsberger & Jackson studies)

People with intrinsic religious orientation show no correlation for racial
prejudice but some people showed a positive correlation for prejudice against
gays (Whitley & Kite)
WHO ARE THE VICTIMS OF SECONDARY
VICTIMIZATION ?
Only people from certain walks of life are
being subjected to secondary victimization.
An active element of discrimination
underlies this kind of victimization. There
exists hierarchies and bigotries based on
caste, class, gender, sexual orientation,
religion, etc. Victims of secondary
victimization are most often the ‘Subalterns’.
SUBALTERN THEORY & SECONDARY VICTIMIZATION

Subalterns is the population which is outside the hegemonic power structure
socially, politically, economically and geographically.

The term ‘subaltern’ was first introduced in Gramsci’s work on cultural
hegemony which identified groups which were excluded from the established
structure of the society for political representation and were denied them a
voice in the society.
SUBALTERN THEORY & SECONDARY VICTIMIZATION

In postcolonial theory, the term subaltern describes the lower classes and
the social groups who are at the margins of a society. The subalterns are
not placed on par with citizens since they are powerless and voiceless.

The concept of subaltern studies is used to explicate the ‘history from
below’ i.e history from the perspective of common man and not political
leaders.
SUBALTERN THEORY & SECONDARY VICTIMIZATION
According to the subaltern theorist, Mrs.
Gayatri Spivak,
“. . . subaltern is not just a classy word for
"oppressed", for somebody who's not getting a
piece of the pie. . . . In post-colonial terms,
everything that has limited or no access to the
cultural imperialism is subaltern—a space of
difference….”
SUBALTERNS OF INDIA

The subalterns of the contemporary India
could be identified with the help of 3
axes viz. Class, Caste and Gender.

In India, the victims of secondary
victimization at the hands of the law
enforcing agency are most often the
subalterns i.e. an interface of people
belonging to the lower class, lowest caste
and the oppressed gender.
SUBALTERNS OF INDIA

Lower class – The social group that has the lowest status by virtue of
low economic power – working class.

Oppressed gender – In a country constructed on patriarchal notions,
women constitute the oppressed gender.

Lowest caste – Dalits – people belonging to the lowest caste and
ostracized as ‘untouchables’
SUBALTERNS OF INDIA
CASTE
A social class separated from others by distinctions of hereditary rank, profe
ssion, or wealth. Any of the hereditary, endogamous social classes or
subclasses of traditional Hindu society, stratified according to Hindu ritual
purity, especially the Brahmin, Kshatriya, Vaishya and the Shudra castes.
SUBALTERNS OF INDIA
Hindu population was divided by the 4 varnas, namely:

Brahmins – The priestly class

Kshatriya -- The warrior class

Vaishya
-- The trading class

Shudra
-- The working class
Later the Indian society was stratified by the caste system which emerged during the
medieval period. It was much more nuanced than the varna system and based on
occupation. There is no upward mobility in the caste system unlike the class system.
SUBALTERNS OF INDIA
The
people
discriminated
belonging
caste
in
to
the
most
India
are
called
‘DALITS’. They were excluded from the varna
system altogether and are ostracised as
‘untouchables’.
WHY ARE THE SUBALTERNS BEING
VICTIMIZED ?

The subalterns are voiceless and powerless

No political or cultural rights.

No access to justice

Very low economic power, lowest social status and subject to oppression at every point of life.

No power to question the apathetic attitude of the government
SUBALTERNS IN THE SUBALTERNS


Gender is seen as the most vulnerable
section to secondary victimization
among other subalterns.
This is because, the Indian society is
constructed upon patriarchal values
which reiterates time and again that
men are born strong and independent
whereas women are weak and
submissive.
SUBALTERNS IN THE SUBALTERNS

The Marxist approach of the subaltern studies dredges out the
difficulties faced by the subalterns with class as the primary entry
point but gender as an entry point is always secondary.

Even within the lowest strata of the society who are oppressed,
alienated and exploited, women form the last rung which makes
them most vulnerable of all to secondary victimization.
PROFILE OF THE SAMPLE
NATURE OF CRIMES
Age
13%
20%
39%
47%
20%
33%
28%
30 - 40
40 - 50
50 above
SEXUAL OFFENCES
DOMESTIC VIOLENCE
CHEATING / THEFT
OTHER CRIMES
PROFILE OF THE SAMPLE
INCOME
CASTE
[VALUE]
11%
11%
9%
37%
33%
22%
47%
21%
ST
SC
BC
OC
>5K
5K - 10K
10K - 15K
15K - 25K
< 25 K
PROFILE OF THE SAMPLE

An
appalling
82%
of
the
participants were women and
the men constituting only 18%.
WOMEN
MEN
18%
In every type of crime, women
outnumbered
men
and
the
treatment they received in the
police station is pathetic.
82%
FINDINGS



At least 18 out of 23 victims of sexual assault were subjected to the most extreme form of
secondary victimization including sexual harassment, verbal abuse, victim blaming.
In cases of victims of domestic violence, 13 out of 17 women were subjected to secondary
victimization not only by the male police personnel but same was the case when they went
to report the crime in the all-women’s police station.
In cases of theft and cheating, the victims were tortured to pay bribe and until the payment
of such bribe the police refused to receive the complaint and made the victims wait in the
police station without food and water.
FINDINGS

The attitude of the police varied depending on the age and gender of the victims. A
60 year old woman and man were offered a seat, treated politely and their complaint
was accepted.

On the other hand, a 35 year old female was treated impolitely, made to wait for long
hours, asked to report for inquiry often unnecessarily and subjected to verbal abuse
by way of sexual innuendos and threatened and forced to withdraw the complaint,
while a 35 year old male was treated with minimum level of respect and didn’t had
to go through much shame and humiliation except for the extortion of bribe.
FINDINGS

Another crucial observation made was that, gender discrimination
aside, there was further discrimination within the faction of women
victims based on the geographical background, economic power and
caste.

A woman belonging to a higher class received much better treatment
when compared to a woman belonging to a poor household.
FINDINGS

Also a dalit woman faced numerous loathsome abuses, treated like a slave, raped while an
upper caste woman was subjected to a much lesser degree of secondary victimization.

Furthermore, geographical background plays a significant role in the degree and severity
of secondary victimization.

A woman from an urban household received a decent treatment, and the pace at which the
process moved was good. On the other hand, a woman from a rural background was even
denied her right to file a complaint.
CONCLUSION
Although the subaltern studies prove that an interface of the lower class, lowest caste and
the oppressed gender are most often the victims of secondary victimization, we can, by
penetrating a little deeper, identify the most vulnerable section among all. In pursuit of
unraveling the ultimate victim one must not compare rich versus poor, upper caste v. dalit
or man versus woman because it is already well established that the subalterns are the
victims.
CONCLUSION
Therefore one must dig deeper and compare the treatment received among the people
divided by the 3 different axes of the subalterns i.e a poor man v. a poor woman and a
dalit man v. a dalit woman. Apparently it boils down to one category which undergoes
every level of discrimination – women.
It is the duty of the government, by virtue of the preamble which commands the
government to ensure Justice social, economic, political, to enact a suitable legislation for
the equal treatment and protection of the subalterns from secondary victimization.
CONCLUSION

A law without means of execution is as good as its non-existence. Mere
enactment of a legislation prohibiting secondary victimization would not
suffice, a proper channel of execution must be set in motion which is under
constant monitoring and surveillance.

The government should ensure a foolproof method of implementation by
dedicating an exclusive wing which monitors the enforcement of a legislation
preventing and prohibiting secondary victimization.
CONCLUSION
INEQUALTIY
VIOLENCE
VICTIMIZATION