The Landmark 1979 Rape Case That Transformed India's Legal System and Women's Rights

In 1979, the Supreme Court overturned the High Court's judgment and acquitted the accused in a significant rape case that would later become a pivotal moment in Indian legal history.

Chief Justice of India (CJI) BR Gavai recently acknowledged that the Supreme Court has occasionally failed its citizens, while noting that civil society's vigilance and ordinary citizens' courage have held the judiciary accountable. The CJI specifically identified the 1979 ruling in Tukaram vs State of Maharashtra as a "moment of institutional embarrassment" where the judiciary failed to protect citizens' dignity.

While delivering the 30th Justice Sunanda Bhandare Memorial Lecture, CJI Gavai emphasized that this verdict, which exonerated two policemen accused of raping a young tribal girl inside a police station, demonstrated that "women's rights are part of a universal struggle for human dignity."

At the time, the Supreme Court accepted the policemen's claim that the girl had consented, citing the absence of visible resistance marks.

The case involved the custodial rape of a young Adivasi woman on March 26, 1972, within the Desaiganj Police Station in Maharashtra's Gadchiroli district. The victim, an orphaned tribal girl aged 14-16, lived with her brother and occasionally worked as a domestic helper for a woman named Noshi.

Noshi's nephew, Ashok, desired to marry the victim, but her brother opposed this union. The brother approached the local police station to file a complaint, alleging that Ashok and his family had kidnapped the girl, asserting she was underage.

Police summoned all involved parties to the station for questioning around 9 pm and subsequently permitted them to depart. However, as they prepared to leave, officers instructed the victim to remain behind while directing her relatives to wait outside.

Inside the station, two policemen, Tukaram and Ganpat, raped the victim. When family members and villagers threatened to burn the police outpost, the accused reluctantly documented the incident in a panchnama (official evidence record).

Medical examination revealed no visible injuries on the girl but confirmed an old hymenal rupture and semen on her clothing.

In 1974, a sessions court acquitted the policemen, claiming the victim had consented since she was "habituated to sexual intercourse." The Bombay High Court reversed this verdict, ruling that submission from fear did not constitute consent, and sentenced the policemen to imprisonment.

However, in 1979, the Supreme Court overturned the High Court's decision and acquitted the accused. The Court determined that the victim had not raised an alarm and displayed no visible injuries, suggesting no resistance occurred and therefore no rape had been committed.

The verdict sparked nationwide outrage. Four prominent law professors—Upendra Baxi, Lotika Sarkar, Raghunath Kelkar, and Vasudha Dhagamwar—authored an open letter to the Supreme Court, condemning its reasoning regarding consent and submission.

This case catalyzed India's modern women's rights movement. Organizations like the Forum Against Rape (later renamed Forum Against Oppression of Women) and Saheli formed, successfully pressuring Parliament to enact the Criminal Law Amendment Act of 1983, which comprehensively reformed rape laws.

The legislation introduced Section 114A of the Evidence Act, establishing a presumption of non-consent when affirmed by the survivor, and expanded Section 376 of the IPC to include custodial rape. Additionally, it mandated in-camera trials, protected survivor identities, and shifted the burden of proof to the accused once intercourse was established.