Untangling Captured Law and the Justice Gap
Rape Cases in an Indian Court
Bibliographic Data
| ID | 3130060 |
|---|---|
| Authors | Paribhasha Sharma (0000-0002-0577-7869, Indian Institute of Forest Management Bhopal India, corresponding author), N Prabha Unnithan (0000-0002-6444-8248, Colorado State University Fort Collins Colorado USA), Sneha Kadyan (0000-0001-6745-4419, Jindal Global Business School O.P. Jindal Global University Sonipat Haryana India) |
| Year | 2025 |
| Volume | 75 |
| Issue | 257 |
| Pages | 603-613 |
| Publication date | 2025-09-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Social Science Journal (JOURNAL) |
| Journal identifiers | ISSN: 0020-8701 • E-ISSN: 1468-2451 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/issj.12571 |
| OpenAlex | W4409691597 |
| Language | EN |
| References cited | 49 |
The extant literature has frequently described the legal system's approach to prosecuting sexual violence as shaped by 'captured law' and marked by a persistent justice gap. A qualitative analysis of the prosecution of rape cases allows us to show empirically how these two concepts operate. Employing a thematic analysis of 22 in-depth interviews with rape victims and public prosecutors in Kolkata, India, the study explores how rape cases are managed in Indian courts. The findings reveal that victims perceive the legal system as a patriarchal institution largely indifferent to their needs, whereas prosecutorial responses often reflect the same patriarchal framework ranging from indifference to outright insensitivity. The implications of the present study underscore the need for structural and behavioural changes aimed at shaping the attitudes and practices of legal professionals. Future research should illustrate and further elucidate how captured law and the justice gap manifest in other parts of the world
Criminology · Economic Justice · Political science · Sociology · Gender, Security, and Conflict · Law · Law in Society and Culture · Sexual Assault and Victimization Studies
Feminism and the Power of Law
Tip of the Iceberg
Community services for rape survivors
Attribution of blame in rape cases
Dalit or Brahmanical Patriarchy? Rethinking Indian Feminism
Crime and Justice in India
Preventing the “Second Rape”
The Factors Related to Rape Reporting Behavior and Arrest
To saturate or not to saturate? Questioning data saturation as a useful concept for thematic analysis and sample-size rationales
Violence against women in West Bengal
Street Violence against Women in India
Bringing injustice back in
Training Interviewers for Research on Sexual Violence
Understanding Gender Justice
Accounting for the “Second Assault”
Too Little, Too Late
"Accounting for the "Second Assault
Bridging the Gap Between Prosecutors' Cases and Victims' Biographies in the Criminal Justice System Through Shared Emotions
Mothers-in-law against daughters-in-law
Enhancing trust in the legal system through victims’ rights mechanisms
Keep Me Informed
Are reporting and investigation of rape cases victim friendly? Responses of the police from a cross-sectional study conducted in three states of eastern India
Sexual violence in India
The acceptance of modern myths about sexual aggression scale
Against Our Will. Men, Women and Rape
Victims, the Criminal Justice System and Compensation
Publishing Qualitative Research
Does Victim Gender Matter for Justice Delivery? Police and Judicial Responses to Women’s Cases in India
Building the Judiciary
The Burdens of Equality
Language, Law, and Society
Towards a feminist understanding of intersecting violence against women and children in the family
The Global Dimensions of Rape-Law Reform
Constituting Power in Sexual Assault Cases
Cases and Biographies
The Race Discrimination System
| Citation velocity | historical |
|---|---|
| Highly cited | No |