LEGAL TRAUMA AND DOUBLE HARM IN CASES OF GENDER-BASED VIOLENCE

This blog explores the emotional burden of experiencing gender violence, in which legal proceedings may lead to the experience of retraumatization or "double harm." It considers the urgent need for trauma-informed reform in India’s justice system to enhance survivor-centered approach, provide dignity for survivors and deliver justice effectively.

Understanding Double Harm alias Legal Harm

Gender-based violence (GBV) in India is a widespread crisis. More than 445,000 incidents of crimes against women were reported in 2022 alone, more than 31,500 of which were rapes, and many were cases of domestic abuse. The law attempts to create safety for survivors. However, the adversarial legal process creates a "double harm," in other words, re-traumation of survivors from a mental or psychological perspective. By this, it is also referred to as legal trauma. Survivors often face intrusive cross-examination, victim-blaming attitudes, excessive wait times, and are expected again to relive their traumatic experience, among other indignities. As many survivors will attest, this re-traumatizes and exacerbates the mental and psychological conditions related to anxiety, depression, and post-traumatic stress for so many survivors, potentially dissuading some of them to seek accountability and justice. Legal trauma, therefore, not only offends the dignity and healing of survivors, but also brings into question the need to reform justice systems into trauma-informed and survivor-centred systems.

The Landscape of Gender-Based Violence in India

India is experiencing an intense crisis of gender-based violence, even with the presence of laws such as the Protection of Women from Domestic Violence Act (2005), the survivors have to bear the brunt of delays, victim-blaming, and lack of support in the justice system. These barriers not only add to their suffering and greatly restrict their ability to receive prompt justice, thereby implying the need for changes that are more focused on the rights and security of the victims. The total crimes rate against women continues to go up, with these two states, Uttar Pradesh, and Maharashtra leading with the highest number of cases. On the other hand, problems within the system such as low rates of conviction and lack of trauma-informed services continue to impede survivors in their decision to take the matter to courts.

Psychological Impact of Legal Proceedings on Survivors

The legal procedure is often a factor that exacerbates the trauma suffered by a survivor of any gender based violence. Studies commission that among the reasons that are likely causing the psychological distress are the victim blaming attitudes and the confrontational nature of trials. A 2025 study pointed out these factors as being explanatory of psychological distresses such as anxiety, depression, and post-traumatic stress disorder amongst more than 11% of the survivors. Survivors are often pressured into answering very personal questions, made to re-experience their trauma incessantly during the proceedings, and encounter societal disbelief that holds them responsible for the violence they were subjected to. The consequence of such legal re-traumatization is that it discourages a large number of victims from seeking justice or fully engaging in the prosecution, thus the scars both visible and invisible are left open. Inconsistent enforcement of legally mandated confidentiality safeguards within court processes, coupled with prolonged delays, often aggravates the psychological distress of survivors, hence, the need for healing justice that takes into consideration the survivors rights and mental health is made.

Existing Trauma-Informed Reforms and Best Practices

India, to deal with these challenges, has gone a long way to include trauma informed legal reform that has the intention to decrease re-victimization and facilitate survivor healing. For instance, the specialized Fast Track Courts have been set up to speed up the cases of sexual violence, thereby, avoiding the waiting time that is a major factor in the aggravation of trauma. The Ministry of Women and Child Development, in partnership with NIMHANS, initiated Project Stree Manoraksha that offers trauma informed counselling and mental health support through One Stop Centres spread across the country. Training courses for judges, police officers, and prosecutors revolve around the issue of sensitization of the legal staff concerning the psychological needs of survivors. Although such progress has been made, there are still some implementation gaps with access to trauma informed services scattered and stigma being persistent. The continuation and expansion of such reforms and their strong enforcement are indispensable tools to facilitate the justice rendered, to be complete and to achieve effective protection of rights of such survivors, safeguarding their well-being. 

Intersectionality: Compounding Barriers for Marginalized Survivors

Socially marginalized groups who are survivors of gender based violence (GBV) such as Dalit women, lower castes, persons with disabilities and economically disadvantaged classes not only suffer from these crimes but are also greatly vulnerable to any harm that the legal system could cause. Research in 2025 indicates that sexual violence to Dalit women is happening 159% more than the national average. However, these offenders are only convicted in 2% of the cases which is five times less than the 25% of the national average for rape cases. Women with disabilities are twice to four times more likely to be victims of domestic violence, but they are often without the necessary access to adequate support and legal protection. Moreover, social stigma, caste based discrimination, poverty, and lack of education act as additional constraints on the ability of these survivors to seek justice. Intersectional barriers are also reflected in the aspects of police apathetic attitude, bureaucratic delays, and systemic neglect which affects marginalized survivors the most. The overlapping identities which these individuals have not only put them in a position to be exposed to more harm but also to face deepened exclusion from justice, thus giving a clear indication that legal reforms that employ a one size fits all approach are not sufficient. It takes true justice to accept and dismantle these connected layers of oppression that political and legal systems are inclusive and are responsive to the different realities of all survivors.

Proposals for Creating Survivor-Centered Justice

Building a Survivor-Centered Justice System is no less than a challenge. However, it can be achieved by offering real, trauma sensitive, survivor focused reforms, which give priority to the dignity, safety, and healing of survivors. One of the main steps in this direction is the extension of specialized Fast Track Courts whose objective is not only to cut down trial waiting times but also to free the survivors of the lengthy legal battles that follow.

First, it is very important that the training of the police force, the judges, and the prosecutors in trauma informed care be conducted. The central point in the whole thing is to alter the mindset of victim blaming prevailing currently and to maintain a sensitive handling of cases. Secondly, service One Stop Centres with integrated medical, legal, and psychological support are undoubtedly the best way to offer a total care package to survivors in a common roof.

Moreover, the adoption of survivor oriented e filing and hybrid filing alternatives is definitely accompanied by the goal of making all legal procedures easier for those with limited digital literacy or resources. Furthermore, in the legal sphere, there are more things that need to be done, for example, in cases of injuries, the therapy and social rehabilitation costs should be covered by compensation.

Certainly, institutional mechanisms like independent oversight commissions and survivor advocacy programs are inseparable parts of a well-established system, contributing to the enhancement of the justice visit through the whole process. The synergistic effect of these reforms in the justice system can be a transition from one that re-traumatizes to one that empowers survivors.

Conclusion:

Legal trauma related to gender based violence (GBV) cases that are recurring, has been revealed to be an issue that not only questions the morality of the system but also, deeply exposes the Indian Justice system's incapacity to meet such challenges. It is necessary for justice to seep all the way out from the realm of punishment and into a trauma informed and truly survivor centred system, by recognizing psychological health, dignity, and empowerment as part of the legal redress process. It is equally important to eliminate such risks as victim blaming, procedural delays, and intersectional discrimination in the course of creating such a system. Moving forward and hitting the road requires a concerted effort of political will, allocation of resources, and a societal commitment not only to the rights of survivors but also to their trust in justice. In the end, justice should not be a source of pain but rather a way to empower the survivors to take back their lives with dignity and safety being at the forefront.