VIOLENCE AGAINST WOMEN IN INDIA: A CRITICAL LEGAL STUDY

This article has been written by  – Adv. Paras Yadav & Co-author by Rajat Jain (A law student specializing in real estate and criminal laws)

*** This paper has been selected for LegalOnus Law Journal (LLJ) Volume 1, Issue 7, 2025.

INTRODUCTION

“Violence against women, as defined by international organizations, includes any form of gender-based Violence that causes or is likely to cause physical, sexual, or psychological harm or suffering. This includes threats, coercion, or unjust restrictions on their freedom, whether in public or private spaces”.

Despite advancements worldwide, crimes against ladies continue to be a vast concern. Women still fall victim to severe atrocities across the globe. In India, violence against ladies is a direct violation of their Fundamental Rights as guaranteed by the Constitution. While several legal provisions exist to safeguard their dignity and well-being, ladies in male dominated world still face oppression and various forms of abuse—both within their homes and beyond.

It was the Nirbhaya Gang Rape case in 2012 which made the Indian citizens realize the actuality of how women became victims of heinous crimes within our country.[1] After this case, crimes against women became a significant political issue in India and brought into focus such crimes to the masses. The Justice Verma Committee was founded by the govt. to submit a report during a record time, giving recommendations on various aspects of crime against women. But the report said that the crimes recorded are mostly understated and that various cases don’t seem to be even reported. In 2020 during the worldwide pandemic crisis, the reported crimes against women were over three seventy-one thousand, including violence and assault cases of over 85 thousand and Rape cases of over twenty-eight thousand.

It’s crucial to recognize that Violence against women isn’t just an isolated issue but rather a deeply rooted societal problem that impacts progress at every level. While legal frameworks exist to protect women, a fundamental shift in cultural perceptions and attitudes is needed to dismantle patriarchal structures that perpetuate oppression. Strengthening law enforcement, improving access to justice, and raising awareness are key elements in tackling this issue. Additionally, empowering women through education, economic independence, and leadership opportunities can help reshape societal norms. Initiatives that engage communities, schools, workplaces, and families are essential to fostering an environment where a girl can live free from fear and Discrimination. Ultimately, fight against gender-based violence requires continuous efforts, collective responsibility, and systemic change.

SEXUAL VIOLENCE

 It states that “Any sexual act, attempt to obtain a sexual act, unwanted sexual remarks or advances, acts, or other direct coercive behaviour against an individual’s sexuality, regardless of one’s relationship to the victim, in any context, including but not limited to the home and workplace, is considered sexual violence”.

Sexual violence is a grave violation of fundamental human rights, leaving lasting effects on physical, mental, and emotional well-being. It can take various forms, including harassment, assault, and exploitation, whether within or outside of marriage, in workplaces, or involving children. Beyond causing physical harm, it heightens the risk of sexual and reproductive health issues with both immediate and long-term consequences. The psychological impact is equally profound, often leading to deep emotional distress and trauma.

One of major problem girls face in India and around the world is sexual violence. The Indian system already makes complicated for survivors to obtain justice because of social pressure, shame-related fears, and the fact that the nation’s marginalized communities face additional significant obstacles that make it twice as difficult for them to obtain justice or even have their voices heard. Sexual violence may be a crime with roots in patriarchy, male entitlement, and authoritarian control. It is well observed that society frequently places the responsibility on survivors, shames them and their families, and further silences them. This can be very true among people who are already marginalized within Indian society, leaving them, particularly at risk of sexual violence. This culture of shame follows survivors into law enforcement, the court system, and hospitals, further silencing survivors’ voices and a lot of cases don’t reach justice.

SEXUAL HARRASMENT AT WORKPLACE

 It’s crucial to recognise the meaning of the unwelcoming sex- oriented behaviours as it involves a range of behaviours which can be difficult for a victim to explain to others about what they have experienced. And there has been no definition which could help define such prohibited behaviour. The International organizations define it as Violence against ladies & discriminatory treatment which is wider term, and where asour national laws focus more on the illegal conduct.

There can be two types of workplace harassment:

• Non-sexual harassment – Discriminating against women, Bullying, Verbal abuse outraging the modesty of women, Phycological harassment, Cyber bullying, Power domination harassment, Religious based harassment, Gender-based harassment, Hostility at the workplace, Intimidation by the opposite sex and Maternity harassment.
• Sexual harassment – Verbal/written, Physical,

Sexual harassment also called eve-teasing in India, it may also include acts like a passing of indicative or typicalcomments or jokes, uninvited touching, making appeals for sex, sexually blunt pictures or text messages or emails, discrediting person due to sex. After POSH Act the term ‘sexual harassment not only concerns itself where women are the victim but include wider term including men and also the LGBTQIA+ community.

THE VISHAKA JUDGEMENT

The Supreme Court of India for the very first time recognized sexual harassment at workplace in its landmark judgment of “Vishaka and others v. State of Rajasthan (Bhanwari Devi’s Case),1973”.[2] Where social worker belonging to a lower caste was employed with the village rural development programme of the govt. of Rajasthan as a Development Project Worker, she tried to prevent child marriage in her village because of which the angered five male members of the children’s family gang-raped her. She couldn’t get any help from either the police also not from the court due to the influential status of the accused, court acquitted the accused based on lack of medical evidence and also due to the reason that they were of a higher social caste and wouldn’t be expected to touch or accompany her, who was of a lower social caste. When the case came into the public eye, a women’s rights activists and lawyers teamed up and filed a PIL in the Supreme Court of India, against the State of Rajasthan.

The apex court in this case while giving judgement defined the meaning of sexual harassment, as any physical touch or conduct, showing of pornography, making sexually coloured remarks, any unpleasant taunt or misbehaviour, or any sexual desire towards women, spreading false rumours against a woman’s sexual relationship, sexual favours will come under the purview of Sexual Harassment.

Further, the apex court also emphasised that sexual harassment is violative of fundamental right of ladies to gender equality which is codified under “Article 14 of the Indian Constitution”, further prohibition of discrimination on grounds of “religion”, “race” , “caste”, “sex”, “place of birth mentioned under Article 15 of the Constitution” , the fundamental right “to practice any profession or to carry out any occupation, trade or business under Art. 19(1) (g)” and also the fundamental right to life and live a dignified life under Art. 216 of the Constitution. The court also further laid out guidelines that, every public or private institution or organization must have an individual in charge of the workplace that will be accountable for taking effective steps to avert sexual harassment amongst the working people.

RAPE: RAPE CULTURE

Historically, a person could only be charged with rape if force was used to subdue the victim. The use of force is still included in most countries’ definitions of rape, or at the very least, the most serious kind of rape. When a person rapes someone they know, it’s referred to as acquaintance rape or date rape. They could be friends, ex-lovers, or be currently dating.

According to studies, a girl is more likely to be raped by a friend than any unknown person or a relative. Forcible rape could be committed by a friend. When sexual intercourse is nonconsensual but doesn’t involve the physical compulsion commonly associated with forcible rape, such as assault or threats of violence, the phrase acquaintance rape is used. In Indian society, worried parents make veiled references the threat of rape and make their daughters and children, never to talk with strangers.

Rape committed by a spouse is known as marital rape or spousal rape. rape is defined as sexual activity with person who hasn’t achieved the consent age. The age of consent for sexual act was changed to 18 years under POCSO law in 2012.

Rape has been defined as “not an act of sex but an act of violence with sex as the principal weapon,” with a wide range of physical and psychological consequences. A rapist says, “Why do I want to rape women? Because I am, as a male, a predator and all women look to men like prey. I fantasize about the expression on a woman’s face when I ‘capture’ her and she realizes she cannot escape. It’s like I won, I own her”.

“Rape is not an accident of war or an incidental adjunct to armed conflict,” said the United Nations. Its extensive use in times of struggle shows the horror it inspires in women, the power it provides the rapist over his target, and the contempt it has for those who are raped. Rape in times of battle replicates the injustices that women confront in their daily lives.

Rape victims range in age from a few months to their 90s. A woman’s susceptibility is unaffected by her religious views or education. Because they are viewed as defenceless, the aged, psychologically and bodily impaired are frequently targeted. Because they are viewed as defenceless, the elderly, mentally and physically impaired are frequently targeted. Because they are perceived as powerless, rape is an act of power, wrath, and supremacy over another. Rape is an act of authority, anger, and control over another person. Sex is a tool for gaining power. Rapists are unconcerned about the victim’s safety or spirits. The rapist does not think sensibly during the outbreak, even if the victim is unwell or pregnant. He does not regard the target as a person, but rather as a tool to be used.

Rape is defined as “unlawful sexual activity, most commonly involving sexual intercourse, carried out against the victim’s will, by force or threat of force, or with a person who is unable to give legal consent due to minor status, mental illness, mental deficiency, intoxication, unconsciousness, or deception”. Section 63 of the Bharatiya Nyaya Sanhita describes rape and the conduct for which a man can be held accountable if he commits rape. Rape culture, on the other hand, is the social environment in which sexual aggression is acceptable and condoned. It has patriarchal roots and is exacerbated by continuing gender inequality and gender and sexuality biases. If a penis was placed into female vagina, anus, or mouth, it was deemed rape under previous statutory law. However, with the 2013 amendment, it is still considered rape if kind of the object is placed into the vagina or other areas of the body.

PORNOGRAPHY AND OBSCENITY

Comprehensive sex education is fundamental to the holistic development of an individual’s personality, enabling them to grow into informed and responsible members of society. It equips individuals with the knowledge to make thoughtful, reasoned decisions rather than acting on impulse. In India, one of the most pressing yet overlooked issues is the lack of adequate sex education and the absence of open, constructive dialogue on matters related to sexuality. These subjects have long been treated as cultural taboos, preventing meaningful engagement and perpetuating ignorance and stigma across generations.

In the world of discipline and knowledge, when the internet is pervasive and penetrated in our daily lives, where the whole thing is accessible with a click of the mouse, making filtering content online nearly unbearable, curious individuals search the internet for their answers; some may find informative material for studying, while others may learn it through illegal porn websites, which are available on the internet; not only that, but a lot of illegal obscene content may have been created with consent, while others may have been uploaded without the consent of the person shown in those contents, which is a violation of that individual’s rights.. The Obtainability of the aforesaid material in the market, online or offline, has posed a grave encounter around the world. Not only it is available for the adult individuals but underage, people can also access to such sites.

Many countries worldwide impose legal penalties on the publication and distribution of obscene, offensive, and pornographic content, including indecent portrayals of women and minors. These restrictions on liberty of speech & expression stem from the view that such material lacks real literary, artistic, political, or scientific value. It is often considered harmful to society as it portrays females in a degrading manner and exploits them for financial gain. Consequently, laws aim to prevent such exploitation and maintain ethical standards in public discourse.

People whose fundamental rights to speech & expression are at risk under “Article 19(1) of the Indian Constitution”, as well as their right to privacy, which is an intrinsic aspect of their “right to life under Article 21 of the Indian Constitution”. Also, it is the State’s responsibility to defend juveniles from exposure to such obnoxious & indecent content which has the tendency to debase & immoral their emerging minds. The terms pornography and obscenity aren’t synonymous. The representation of sexual behaviours in order to elicit sexual desire is known as pornography. Obscenity, on the other hand, refers to the use of sexual language or actions that shock and offend people.

British laws were the first to implement obscenity regulations, such as the Hicklin test for determining the scope of obscenity. The earliest attempt to define obscenity was made in “Regina v. Hicklin 1868”[3]3 In this case, the Queen’s Bench found that the offensive content had the potential to deprive & corrupt individuals whose minds are not receptive to two such wicked effects. And if a journal of this nature falls into their hands, the content can be considered indecent. This test can be used to determine whether or not a publication is obscene based on isolated sentences taken out of context. The apparent influence of works on the most vulnerable readers, such as children or weak-minded adults, can be appraised.

We do not have a definition of pornography under Indian law. Because of the internet’s multicultural and multinational environment. Ethics differs from individual to individual, culture to culture, & country to country. It can’t be continuous & uniform, thus what was once considered an indecent conduct may no longer be such in today’s environment, as people’s tolerance levels have increased. Obscenity is a crime under Section 294 of the Bharatiya Nyaya Sanhita 2023 and Section 67 of the Information Technology Amendment Act, 2008.

DOMESTIC VIOLENCE

The use of violence by men against women in the past cannot be dismissed as a consequence of modern civilization. In contrast to the idea of courtly affection and chivalrous behaviour, severe brutality in the treatment of women was frequent. Domestic violence has become a topic of public and professional concern in recent years, as campaigns and research have highlighted the scope of the problem, its consequences for women and children, and the long-term social and economic costs to society. It is a significant barrier to women’s empowerment since it forces women into a disadvantageous position in society. On April 15, 2022, a 46-year-old bank employee in Mumbai murdered his wife in a rage because the food that his wife made was too salty. Angered because of the salty food, he stormed into his bedroom after breakfast and began hitting her eventually strangling her with a long piece of cloth, causing her death.[4]

Domestic violence against women occurs frequently in society, yet few people discuss it. Because of the centrality of the family, such behaviour is tolerated in quiet. The sanctity of wedding has safeguarded that it has come to be seen as almost acceptable behaviour.

Although women have been granted legal equality with men in social, economic, and political spheres—along with improved rights, privileges, and opportunities—the struggle for genuine equality is far from over. Domestic violence against women continues to persist in various forms, such as dowry harassment, cruelty, sexual assault, adultery, and even heinous practices like the sale of a wife. Inequities also manifest through limited access to education, preference for sons over daughters, and the denial of inheritance rights, which often leaves women economically dependent on their husbands. The extent of the abuse is so severe that, in many cases, women suffer within the confines of their homes without external interference—they are oppressed by the very environment meant to protect them.

HUMAN TRAFFICKING IN INDIA

Human trafficking is a thoughtful wrongdoing that disrupts fundamental human rights. Thousands of innocent Indian citizens are transported to other countries every day and forced into labour. They are required to live in brothels, industries, guesthouses, dance bars, farms, and even the homes of wealthy Indians, with little control over their bodies and lives.[5]

Human trafficking is expressly prohibited under the Indian Constitution. Article 23 of the Indian Constitution forbids “human trafficking and other types of forced labour. Though there is no precise description of trafficking in Indian Laws, it may be said that it entails the movement/conveyance of a person under duress or deception, and further subsequently leads to exploitation and commercialization. The United Nations defines human trafficking as the recruitment, transportation, transfer, harbouring, or receipt of people for the purpose of exploitation through the threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or vulnerability, or the giving or receiving of payments or benefits to gain the consent of a person in charge of another person. The exploitation of the prostitutes also includes other forms of sexual exploitation, forced labour or services, slavery or practices comparable to slavery, servitude, or the removal of organs are all examples of exploitation.[6]

The Abusers, including “traffickers, recruiters, transporters, sellers, buyers & end-users”, take advantage of the vulnerable person. Human trafficking is on the rise as a result of globalization. Increased profit with hardly any risk, well-organized operations, low law enforcement priority, and other reasons aggravate the issue.

Human Trafficking is done for exploitation which in general could be characterized as:

• Sex-based
• Non-Sex based

HUMAN TRAFFICKING AND PROSTITUTION

Women are increasingly being trafficked for the purpose of prostitution. Prostitution is one of the world’s oldest female professions. Since prostitution affects almost every state in India, trafficking rates are at an all-time high. The country’s northeastern states, without citing names, are regarded to be the core of human trafficking. Human trafficking is still inextricably linked to prostitution, as it has been in the past, and it is true that more than half of those trafficked are forced into the prostitute business each year.

In many countries, different approaches for luring women into prostitution have been adopted, and then there are approaches that are exceptional to each country. The 3 most typical strategies are fake service promises, false weddings & kidnapping. Women and young girls, on the other hand, are vulnerable due to economic distress, husband abandonment, sexually exploitative societal customs & family ethnicities.

FEMALE GENITAL MUTILATION

Each year on 6^th February, the International Day of ZeroTolerance for Female Genital Mutilation is a momentous day for gender activists and one that deserves everyone’s courtesy. Female genital cutting or mutilation (FGC/M) is still very common at this time. To ‘moderate’ female sexual experiences or desires is a widely claimed motive for the obsolete & damaging communal norm.

The tradition is not exclusive to African countries, as is sometimes assumed, but also exists in Indian & other Asian communities. Still today, most people around the world, including those in our own country, will give a double-take when they hear the phrases “female genital cutting or mutilation” combined. It is still not well known that this occurs in India.[7]

The myth behind Female Genital Mutilation is that Islamic men of the Bohra community are mostly merchants who must travel a lot. As a result of this absurd notion that these men’s wives must not feel sensual urges while they are away, the ladies of this community were subjected to the practice of khatna to keep their wives chaste.

Although Female Genital Mutilation is not a spiritual practice as many people believe, discussions about it frequently evolve into a critique of culture & religion. It leads the community to believe that the discussion surrounding the problem is a ruse to bring the community down.

According to those that engage in Female Genital Mutilation, there is an underlying belief that female sexual experience is bad and should be dreaded and curtailed. Some of the community believes that if a girl isn’t circumcised, “she will turn into a prostitute,” or that the clitoris is the “haram ki boti” responsible for all of society’s evils.[8]

Female Genital Mutilation was recently brought to the ministry of women & Child Development’s attention and set the system in motion. Though Female Genital Mutilation has been practised in India since time immemorial, the matter was brought to light when a human rights lawyer filed a PIL in apex court seeking a writ of Mandamus or any other order prohibiting the practice of Female Genital Mutilation in India.

Sunita Tiwari v Union of India[9]

A PIL was filed in Apex Court by Advocate Sunita Tiwari in 2017 against the practice of female genital mutilation. The subject of Female Genital Mutilation/ khafz’s constitutionality was denoted to a larger bench on September 24, 2018. In maintaining the fundamental right to privacy, the Supreme Court recognised the right to bodily integrity as a right emerging from Article 21 of the Indian Constitution. Also, the “Protection of Children from Sexual Offenses Act of 2012” (POCSO) makes touching the genitalia of a girl under the phase of eighteen for non-medical reasons a crime punishable by jail, and there are provisions for penalising sexual assault committed with dangerous weapons.[10]

Furthermore, according to the section 118 of Bharatiya Nyaya Sanhita, 2023, causing serious bodily harm to another individual using hazardous arms is punished by up to 10 years in prison Also, the National Policy for Children, 2013, expressly forbids the exploitation of customs and religious practices to deny children their rights.[11]

The POSCO Act Regarding penetrative and non-penetrative sexual assault, it establishes a category of serious offences. The aggravated offences are defined by who commits them and how they are committed. As a result, those who have the additional responsibility of protecting the child have an increased strain.[12] Individuals in this group include governmental workers, blood or marriage relatives, hospital administration staff, and activities such as sexual assault with lethal weapons, among others. Despite the nonappearance of the term “female genital mutilation” in POCSO Act, it does address the particular conditions of Female Genital Mutilation by classifying sexual assault performed with deadly weapons & sexual assault committed by a child’s related or family member as “aggravated sexual assault.”[13]

Given the gravity of the situation, the SC granted the petition and issued an order in favour of Muslim women, prohibiting the practice of khatna and directing the government to enact legislation to specifically address the issue and deem khatna a serious criminal offence.

While it has been shown that Indian law contains provisions for criminal action against any sort of harm, there is no specific mention of Female Genital Mutilation in our legislation, and the practice is mostly overlooked and goes unnoticed. Laws are extremely important in bringing about societal change. Gender reform is slow and difficult, especially when it involves historic, archaic, and cultural practices of a closed and secretive community like the Dawoodi Bohras.

Therefore a specific law dealing with this specific problem is required, one that addresses not just prosecution but also prevention, education, awareness-raising, alleviation, and rehabilitation. As a result of the reasoning presented here, it is clear that a separate law on Female Genital Mutilation is required for similar reasons, especially, to highlight the problem and confront it as a harmful criminal behaviour rather than an acceptable religious practice.

RECOMMENDATIONS AND PREVENTIVE MEASURES

These recommendations are meant to suggest policy, procedure, and practise reforms across the broad socio-legal system. The fundamental purpose of this paper is to provide necessary services to victims of domestic or sexual abuse. If necessary, adjustments in the socio-legal support systems are made, it will boost locally active social welfare systems and other networks.

• Sexual assault victims should have access to lawful representation. The victim’s counsel shouldn’t only aid her in making the grievance, but also in obtaining other types of help, such as psychological, medical, and financial assistance.
• In light of the prey’s concerned state of mind, legal help should be provided at the police station; police officials should be required to notify the victim of her right to counsel before requesting her enquiries, and the police department record should state that she was so well-versed before
• A description of advocates willing to take on these issues should be compiled. The court should designate such advocates, but to reduce delays, advocates could be authorised to act in police stations before seeking permission from court of law.
• The lack of collaboration b/w investigating police & public prosecutors is to blame for the poor conviction rate in rape cases. As a result, adequate training programmes for public prosecutors and police officers investigating rape cases should be implemented, so that effective cooperation between them aids in achieving justice for the victim well in time; In crime investigation, modern investigation techniques should be used, as they will be very useful in detecting situations of sexual violence against women.
• To remove gender bias attitudes toward sexual assault fatalities, training programmes for followers of the law lords & bar should be developed to raise knowledge of women’s situation in sexual assault cases. It will aid in the building of attitudes that promote successful legal interpretation and application.
• It is strongly urged that special courts be established to hear cases of sexual assault. Women judges should preside over these special tribunals so that the victim feels relaxed recalling the specifics of the sexual attack.
• Special examination units made up primarily of lady police officers may be formed. Investigating police must be trained and made aware of the needs and concerns of victims. Police officers and doctors should be trained in interview tactics, which should be conducted in the victim’s home as much as feasible. Doctors simply go by the rule book. According to which they are looking for physical proof that has been listed. They just declare the girl not to have been assaulted if there is no physical injury. A fresh humanitarian perspective must be substituted for this restricted juridical interpretation.
• Rape Crisis Centres have been recognized in countries such as Australia, Canada, the United States, and the United Kingdom. These centres also offer assistance through their toll-free helplines. These centres give medical assistance, counselling, and financial assistance to rape victims through job opportunities and other means. In India, such centres should be established to provide medical assistance and counselling to rape victims.
• Another crucial aspect is to offer therapy to the victim’s family members. Family members of the victim can be provided with the best provision in times of sorrow and emotional suffering.
• The establishment of state-sponsored victim compensation funds, especially forheinous crimes such as rape this award should be based on the needs of the victim and should be completely independent of whether the prosecution results in a conviction or acquittal, and it should be implemented as soon as an FIR is filed or a complaint is taken into consideration.
• The media must be empathetic to the rape victim’s suffering and refrain from highlighting the victim’s identity or any inference that leads to his or her identification since this will be counterproductive. The media should not focus on cases in which the criminal has been acquitted, but rather on cases in which the culprit has been convicted since this will create a sense of deterrence among the public.

CONCLUSION

Violence affects millions of women globally, from various socio – economic and educational backgrounds. It reaches across cultural and religious boundaries, preventing women from fully participating in society. Domestic abuse, rape, teenage marriages, and female circumcision are just a few forms of female violence. All of these are violations of the most fundamental human rights. The problem of criminality against women is not new in India. Women in Indian society have been victims of ill-treatment, humiliation, torture, and exploitation, according to documented records of social structure and family life. These records detail abductions, rapes, murders, and torture of women. Female victims of violence, on the other hand, have received little attention in the literature on social problems or criminal violence, which is sad. There has also been no attempt to explain why the general public and academicians have mostly ignored the fact that women have long been ruthlessly exploited in our culture.

It is possibly the most terrible punishment that can be inflicted on the victims and their families in terms of the pains that it causes them. The victim woman is tormented for the rest of her life by a single monstrosity perpetrated against her, which causes her discomfort at practically every turn; be it among friends, in marriage, if at all feasible, or for the rest of her life in whatever shape. She has effectively become an outcast. It signals a significant shift in her life, and it’s no surprise that the majority of the victims of this crime commit suicide.

The most atrocious feature of this crime is that the victim is made to suffer for something that she has no control over. The victim’s body is not only physically violated, but her mental, psychological, and emotional sensibilities are also violated. It’s a quake-like shock to her future ambitions, aspirations, and fantasies of a happily married life, it destroying her sense of pride, security, and purity. In respect of the Indian context, rising evidence of the problem has caught the attention of several concerned feminists, human rights organisations, social scientists, and social work practitioners in recent years. The dimensions and challenges of violence against women in a large and complex country like India do not lend themselves to simple remedies. While setting norms is an important and required first step, it is not sufficient. At the national, regional, and international levels, effective execution is required. The rule of law must be followed, as well as resort to legal remedies for violations of rights and entitlements.

The Indian constitution, which provides us with fundamental rights, contains numerous measures that benefit and protect its citizen including women. The Indian constitution recognizes the importance of equality and non-discrimination. It also allows the government to implement affirmative action policies in favour of women. Aside from fundamental rights, the Directive Principles of State Policy include several special provisions to protect women’s rights. Nonetheless, despite constitutional protections and a slew of laws, gender discrimination and unfairness persist. This is mostly due to the fact that individuals who enforce or interpret the laws do not always share the gender equality mindset.

In general, Indian women are disadvantaged in terms of all the requirements for access to justice. Most women who have problems have stayed away from the law and courts due to pervasive illiteracy, cultural obstacles and subordination, and an unpleasant legal process. Victimized women have had a variety of encounters with the criminal justice systems around the country. They can’t always rely on the criminal justice system to protect them. There are frequently gaps and ambiguities in the legislation criminalizing violence against women when it comes to combatting violence against women.

Apart from various Articles of the Indian Constitution and criminal law provisions such as the The Bharatiya Nyaya Sanhita 2023, The Bharatiya Nagarik Suraksha Sanhita 2023, The Bharatiya Sakshya Adhiniyam 2023 and many other legislative enactments about crimes against women have been passed by the Indian Parliament from time to time to prevent such crimes in the Indian society, such as The Immoral Traffic Act, 1956, The Dowry Prohibition Act, 1961, The Medical Termination of Pregnancy Act, 1971, The Indecent Representation of Women (Prohibition) Act, 1986, The Commission of Sati (Prevention) Act, 1987, The National Commission for Women Act, 1990, The Pre-conception and Pre-Natal Diagnostic Techniques

(Prohibition of Sex Selection) Act, 1994 And The Protection of Women from Domestic Violence Act, 2005.

Furthermore, the Law Commission of India has made several amendments in the BNS, BNSS, and BSA as a result of its recommendations, attempting to overcome many challenges faced by rape victims, although these suggestions are insufficient even at present. The educated level of society should come forward to support the victims and report the crime to the authorities as soon as possible. The law cannot fix all social issues on its own. Governmental agencies, social organizations, women’s organizations, volunteer groups, non- governmental organizations, and others should come forward to help the abused victims. The attitude of police authorities toward rape cases needs to alter immediately. The police and the judiciary, as well as other law enforcement organizations, can play an essential role in reducing crime against women, including rape. From the time a crime is reported until the perpetrator is prosecuted and punished, law enforcement is a continuous process. This is a lengthy procedure that includes stages including investigation, prosecution, trial, and judicial ruling. At each of these stages, the victim must be assisted. Never-ending trials have also resulted in a situation where the complainant is driven to make a secret deal with the victim outside of court owing to social pressure, thus defeating the purpose of the law.

Responses to violence against women must be undertaken at the community, municipal, national, and worldwide levels to create a change in both consciousness and behaviour, so that a “community-based response” includes not just local, but also regional and international populations. Changing people’s attitudes and mentalities toward women will take a long time, many say, at least a generation, if not longer. Raising awareness about violence against women and teaching boys and men to see women as valuable participants in life, in the development of society, and in the pursuit of peace are just as important as taking legislative efforts to defend women’s human rights.

[1] Mukesh v. State, (NCT of Delhi), (2017) 6 SCC 1

[2] The sexual harassment of women at workplace (Prevention, Prohibition And Redressal) Act, 2013, No. 14, Act of Parliament, 2013 (India).

[3] Regina v. Hicklin, 1868 LR 3 QB 360.

[4] ⁴By Geeta Pandey, “What a breakfast murder in India says about attitudes to wife beating”, BBC News, Delhi,

[5]https://www.stategov/reports/2021-trafficking-in personsreport/india/#:~:text=During%20the%20reporting%20period%2C%20the,trafficking%20cases%20reported%20in%202017.

[6] Article 3, paragraph (a), Protocol to Prevent, Suppress Punish Trafficking in Persons Especially Children, supplementing the United Nations Convention Transnational Organized Crime, by General Assembly resolution 55/25, 15 November, 2000

[7] By Harinder Baweja, India’s Dark Secret: Female genital mutilation practiced not just in Africa but the heart of Mumbai. HT speaks to several ‘victims’ who are becoming the face of a brave fight back. htt//www.hindustantimes.cm/static/fgm- indias-dark-secret/

[8] By Priya Goswami,” Breaking the silence on female genital mutilation in today’s India”, Feb 2021 http/www.downtoearth.org.in/blog/health/breakingthe  silenceonfemale-genital-mutilation-intoday-s-india-75414

[9] Sunita Tiwari v. Union of India, (2019) 18 SCC 719

[10] The Protection of Children from Sexual Offences Act”, 2012, Clauses 5(h) and 9(h).

[11] The National Policy for Children, 2013, www.d.nic.in/sites/default.

[12] The “Sexual Harassment of Women at Workplace (Prevention, Prohibition And Redressal) Act, 2013, No. 14, Act of Parliament, 2013 (India)”, Section 9.

[13] The “Protection of Children from Sexual Offences (POCSO) Act, 2012”. No. 32, Act of Parliament, 2012 (India)