Abstract
Despite India having numerous laws designed to protect women, violence against them remains a widespread and persistent issue that affects both urban and rural areas. The problem is not just legal, it is deeply social, cultural, and systemic. This research paper explores how criminal behavior targeting women intersects with the legal mechanisms meant to prevent it, offering a combined legal analysis with criminological insights. It investigates the root causes of such violence, from patriarchal mindsets to gaps in enforcement and societal indifference. By analyzing key statutes, landmark case laws, and crime statistics, along with established criminological theories, the paper critically examines how the legal system has responded to gender-based violence.1 It also reflects on why, despite reforms and policy changes, violence against women persists at alarming rates.2 The research highlights real-life case studies, judicial decisions, and grassroots issues that point to a need for deeper reform not just in laws but in mindset, policing, and institutional accountability. The main aim is to propose thoughtful, practical reforms that address both immediate legal gaps and the long-term goal of achieving gender justice in India. By creating a fairer environment, we can move towards a future where women are genuinely safe and empowered.3
Keywords
Women’s safety, Crime and law, Equal rights, Indian law, Women’s rights, Gender equality
1 Vishaka v. State of Rajasthan, (1997) 6 S.C.C. 241 (India).
2 Independent Thought v. Union of India, (2017) 10 S.C.C. 800 (India).
3 Law Comm’n of India, 243d Report on Amendments to Criminal Law (2012).
Introduction
Violence against women in India is a serious problem that affects every part of society. It is not just a matter of law but also deeply tied to old customs and unfair treatment of women that still exist today. Women in India face many kinds of harm from abuse at home and sexual harassment at work, to tragic cases like acid attacks and honor killings. Even though there are laws and rights in place to protect women, they are often not followed properly.4 These problems are not only seen in certain areas but are common across both cities and villages. Women who belong to poor or lower caste communities often face even more difficulties when trying to get justice.
To understand this issue better, we must look at it from both a legal and social point of view. It’s not enough to just ask what is happening or how—it’s also important to ask why it keeps happening. These crimes don’t occur in isolation. They grow out of a society where women are often seen as less important. This research paper takes a close look at the laws meant to protect women and also studies social behavior and beliefs.5 It shows where our legal system falls short and suggests changes that could help fix these problems. The goal is to build a safer, fairer world where women are treated with dignity, respect, and equality.
India, the world’s largest democracy, is still grappling with widespread violence against women, cutting across both rural and urban settings. Even though the Constitution guarantees equality and protection under Articles 14, 15, and 21,6 crimes like domestic abuse, dowry-related violence, acid attacks, and workplace harassment continue to be alarmingly common. One major turning point was the 2012 Delhi gang rape (known as the Nirbhaya case), which led to significant legal reforms.7
Yet, the rising crime rates suggest that having laws is not enough. According to the National Crime Records Bureau (NCRB), more than 4.28 lakh cases of violence against women were reported in 2021,8 figure that reflects both increasing incidents and perhaps better reporting
4 The Protection of Women from Domestic Violence Act, No. 43 of 2005, INDIA CODE (2005).
5 Flavia Agnes, Law and Gender Inequality: The Politics of Women’s Rights in India 45–46 (1999)
6 INDIA CONST. arts. 14, 15, 21.
7 Mukesh v. State (NCT of Delhi), (2017) 6 S.C.C. 1 (India).
8 National Crime Records Bureau, Crime in India 2021 Statistics (2022).
(NCRB, 2022). This paper looks at how laws work—or fail to work—in practice, and what can be done to improve the situation.
Research Methodology
This study adopts a qualitative and analytical approach, relying mainly on doctrinal legal research to understand how laws on violence against women operate in practice. It examines key provisions of the Indian Penal Code—such as Sections 354, 375, 498A, and 304B—along with special legislations like the Protection of Women from Domestic Violence Act, 2005 and the Dowry Prohibition Act, 1961.9 The Criminal Law Amendments of 2013 and 2018, introduced after the Nirbhaya case, are also studied to assess legal evolution.110
Beyond statutes, the research draws on reports from the National Crime Records Bureau (NCRB), National Family Health Survey (NFHS-5), and NGOs to highlight ground realities.11 Survivor narratives—sourced from interviews, articles, and online platforms—add human experiences that reveal how laws are felt in everyday life. Policy documents, parliamentary debates, and committee reports further reflect institutional intent and gaps.12
Comparative insights from international frameworks like CEDAW and practices in other jurisdictions are included to evaluate India’s alignment with global standards.13 The study also weaves in sociological and feminist perspectives to capture structural and cultural aspects. This mixed methodology ensures a balanced picture of both the legal framework and its lived impact.
9 The Dowry Prohibition Act, No. 28 of 1961, INDIA CODE (1961); The Protection of Women from Domestic Violence Act, No. 43 of 2005, INDIA CODE (2005); Indian Penal Code, No. 45 of 1860, INDIA CODE (1860).
10 The Criminal Law (Amendment) Act, No. 13 of 2013, INDIA CODE (2013); The Criminal Law (Amendment) Act, No. 22 of 2018, INDIA CODE (2018).
11 Nat’l Crime Records Bureau, Crime in India 2021 Statistics (2022); Ministry of Health & Family Welfare, National Family Health Survey-5 (2019–21); Jagori, Understanding Women’s Safety: Towards a Gender Inclusive City (2011).
12 Law Comm’n of India, 172d Report on Review of Rape Laws (2000); Law Comm’n of India, 243d Report on Amendments to Criminal Law (2012).
13 Convention on the Elimination of All Forms of Discrimination Against Women, Dec. 18, 1979, 1249 U.N.T.S. 13; UN Women, Handbook for Legislation on Violence Against Women (2012).
Review of Literature
The issue of violence against women in India has been widely explored by legal scholars, feminist thinkers, NGOs, and governmental bodies, each offering insights into the strengths and failings of the legal framework. Flavia Agnes (1999) argued that legal reforms often fail to address the complex social realities of women, especially those from marginalized communities. In “Law and Gender Inequality,” she highlights how existing laws often reinforce societal biases rather than challenge them. Nandita Haksar (1986) brought attention to the subtle ways in which the judiciary often reflects patriarchal values.14 Reports by the Law Commission of India—such as the 172nd and 243rd—have recommended important reforms, including the criminalization of marital rape and better definitions for sexual assault.15
Further, national surveys like NFHS-5 reveal that nearly 1 in 3 women experience domestic violence, with many never reporting it due to stigma, lack of awareness, or fear of retaliation.16 These data points help bridge the gap between law in books and law in action. Scholars have noted that while legal amendments such as those introduced post-Nirbhaya have broadened the scope of protection, they have not led to consistent improvement in conviction rates or victim support.17
Scholars like Ratna Kapur and Upendra Baxi have also explored how judicial conservatism and cultural relativism often impede the enforcement of women-centric laws.
Internationally, India has ratified conventions such as CEDAW, but the translation of these principles into domestic policy has been inconsistent.18 Studies by Human Rights Watch and UN Women suggest that while India’s legislative intent is strong, enforcement is deeply fragmented.
14 Flavia Agnes, Law and Gender Inequality: The Politics of Women’s Rights in India 42–50 (1999); Nandita Haksar, Demystification of Law for Women 23–28 (1986).
15 Law Comm’n of India, 172d Report on Review of Rape Laws (2000); Law Comm’n of India, 243d Report on Amendments to Criminal Law (2012).
16 Ministry of Health & Family Welfare, National Family Health Survey-5 (2019–21).
17 Ratna Kapur, Gender, Alterity and Human Rights: Freedom in a Fishbowl 63–66 (2018); Upendra Baxi, The Crisis of the Indian Legal System 112–15 (1982).
18 Convention on the Elimination of All Forms of Discrimination Against Women, Dec. 18, 1979, 1249 U.N.T.S. 13.
Academic critiques also focus on the lack of synergy between the police, judiciary, and social services.
In addition to academic writings, NGO reports such as those by Jagori, Breakthrough, and the Centre for Social Research highlight grassroots challenges like inadequate shelter homes, lack of legal aid, and delayed trials.19 Together, these studies suggest that while legal tools exist, they need to be backed by cultural shifts, institutional accountability, and greater empathy at all levels of the justice delivery system. Scholars and organizations have analyzed the effectiveness of laws related to violence against women in India. National surveys like NFHS-5 reveal that nearly 1 in 3 women experience domestic violence, with many never reporting it due to stigma or lack of faith in the system. Together, these studies show that legal tools alone are not enough—they must be implemented with empathy and awareness.20
Evolution of Women’s Legal Protections
To understand violence against women in India, it is essential to begin with the legal structures that have developed over time. The Indian Penal Code of 1860 laid the earliest foundation, with provisions on sexual assault, cruelty, and dowry deaths, though framed in a colonial context.21
Post-independence, constitutional guarantees under Articles 14, 15, and 21 shaped women’s rights as fundamental to equality.22 Over the years, statutes like the Dowry Prohibition Act, 1961, and the Protection of Women from Domestic Violence Act, 2005, further widened the scope of legal protection. Amendments to the IPC, especially after the Nirbhaya case, reveal how legal frameworks have evolved in response to social outrage.
19 Jagori, Understanding Women’s Safety: Towards a Gender Inclusive City (2011);
Breakthrough, Nation Against Early Marriage (2019); Ctr. for Soc. Research, Women’s Safety in Public Spaces (2017).
20 Flavia Agnes, supra note 1, at 90–92. 21Indian Penal Code, No. 45 of 1860, §§ 354, 375, 498A, 304B (India).
21 Indian Penal Code, No. 45 of 1860, India Code (1860).
22 NDIA CONST. arts. 14, 15, 21.
Legal Analysis
This research uses doctrinal methods to closely study statutory laws and their application. Provisions like Section 354 (outraging modesty), Section 375 (rape), Section 498A (cruelty), and Section 304B (dowry deaths) of the IPC are central to the analysis.23 Alongside, special legislations such as the Protection of Women from Domestic Violence Act, 2005, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, are examined for their effectiveness. The Criminal Law (Amendment) Acts of 2013 and 2018, passed after public movements, highlight how social demand drives legal change.24
The Role of the Judiciary in Women’s Safety
The judiciary has often played a transformative role in shaping protections for women. Landmark rulings such as Vishaka v. State of Rajasthan (1997), which introduced guidelines against sexual harassment at the workplace, and Independent Thought v. Union of India (2017), which criminalized sexual intercourse with minor wives, reflects the courts’ willingness to fill legislative gaps.25 Similarly, Lalita Kumari v. State of Uttar Pradesh (2014) mandated the registration of FIRs in crimes against women, strengthening access to justice. These decisions are not only legal precedents but also signals of changing judicial attitudes toward gender justice.
Socio-Legal Realities
However, law cannot be divorced from lived experience. To capture this, the study incorporates reports from the National Crime Records Bureau (NCRB), the National Family Health Survey (NFHS-5), and grassroots organizations such as Jagori, Breakthrough, and the Centre for Social Research. These sources uncover the persistent gap between the law in theory and its enforcement in practice. Survivor narratives and case studies reveal how systemic apathy,
23 Indian Penal Code, No. 45 of 1860, §§ 354, 375, 498A, 304B (India).
24 The Criminal Law (Amendment) Act, No. 13 of 2013 (India); The Criminal Law (Amendment) Act, No. 22 of 2018 (India).
25 Vishaka v. State of Rajasthan, (1997) 6 S.C.C. 241 (India); Independent Thought v. Union of India, (2017) 10 S.C.C. 800 (India).
stigma, and institutional barriers continue to undermine justice. Women from marginalized communities—Dalit, Adivasi, religious minorities, LGBTQ+, or disabled groups—face multiple levels of discrimination that the formal legal system often fails to address.
Intersectional and Comparative Perspective
The research also applies an intersectional approach, recognizing how caste, class, and religion affect women’s access to justice. Dalit women, for instance, often face both gendered violence and caste-based exclusion when seeking remedies. Comparative perspectives from international frameworks, such as CEDAW, and global best practices provide benchmarks for evaluating India’s progress.26 Examining how other jurisdictions address domestic violence, sexual harassment, and gender-based crimes allows for constructive borrowing of ideas that can be adapted to Indian realities.
Media and Institutional Response
Another dimension of this analysis looks at how media and institutions respond to cases of violence against women. Media coverage can amplify voices and generate social pressure, but it can also sensationalize or stigmatize survivors. Courtroom procedures, police investigations, and medical responses are studied to assess how far they align with survivor-centric principles. Observing these processes highlights recurring issues such as delayed justice, lack of sensitivity, and inadequate victim protection.
Human-Centered Approach
Most importantly, this research does not treat women merely as subjects of law but as individuals with agency, dignity, and lived experiences. By including survivor testimonies, anecdotal evidence, and NGO reports, the study ensures that the focus is not only on statutes and judgments but also on the emotional and psychological impact of legal systems. This human-centered lens emphasizes that legal reforms must be matched with cultural change, institutional accountability, and grassroots empowerment.
26 Convention on the Elimination of All Forms of Discrimination Against Women, Dec. 18, 1979, 1249 U.N.T.S. 13.
Suggestions
In a country as diverse and complex as India, combating violence against women requires more than legal interventions—it demands a cultural shift, institutional reform, and community participation. Based on the analysis in this paper, the following expanded suggestions aim to address both structural and social challenges.
- Gender Sensitization Training
Law enforcement officers, especially those at the first point of contact with victims, must undergo comprehensive training on gender issues. These programs should go beyond mere legal definitions and teach empathy, active listening, and trauma-informed responses. Judges, public prosecutors, and medical professionals must also be sensitized to understand the mental and emotional toll on survivors.
- Fast-Track and Special Courts
While fast-track courts were introduced in the aftermath of the Nirbhaya case, they remain limited in number and resources. These courts must be expanded nationwide and adequately staffed. Moreover, trials in these courts should follow survivor-friendly procedures—such as in-camera hearings, video conferencing, and legal aid representation.27
- Community Legal Awareness and Grassroots Involvement
Legal rights mean little if women are unaware of them. Legal literacy programs must be conducted in rural and semi-urban areas in local languages. NGOs, Anganwadi workers, and school teachers can be trained as legal resource persons. This kind of empowerment at the ground level creates a chain of informed women who can challenge silence and stigma.
27 Justice J.S. Verma Committee, Report of the Committee on Amendments to Criminal Law (Jan. 23, 2013).
- Victim-Centric Justice System
A more compassionate and supportive system should replace the current adversarial and intimidating environment in which victims must prove their suffering. From police stations to courtrooms, survivors deserve dignity and support. Government-run one-stop crisis centers (OSCCs) must be expanded and better funded. These centers should offer shelter, counseling, medical care, and legal guidance—all under one roof.
- Use of Technology and Digital Safety
Technology, when used effectively, can be a powerful ally in fighting violence. Apps for emergency alerts, online complaint systems, and AI-enabled surveillance can help prevent or respond swiftly to crimes. Digital safety modules must be introduced in schools and colleges to educate young girls about cyberbullying, blackmail, and online abuse.
- Police Accountability and Structural Reform
There must be strict internal monitoring mechanisms to track police response in cases of gender-based violence. FIRs should be registered without bias, and delays or dismissive attitudes must invite disciplinary action. Special women’s cells with trained female officers should be mandatory in every police station.
- Reforming Educational Curriculum
Education is one of the strongest tools to prevent future crimes. Gender studies, respect for consent, and discussions about toxic masculinity should be introduced early in school curriculums. Peer programs and clubs can promote gender equality in schools, helping young minds unlearn harmful stereotypes.
- Support for Marginalized Women
Reforms must be inclusive. Women from Dalit, Adivasi, LGBTQ+, disabled, or minority communities often face double or triple marginalization. Legal remedies must be accessible and sensitive to their specific needs. Intersectional training for government officers can improve outreach and reduce discrimination.
- Monitoring and Evaluation Mechanisms
Finally, all implemented reforms must be monitored regularly through audits, feedback, and public reporting. Without accountability, even well-intentioned programs can lose effectiveness. Engaging civil society and independent watchdogs in monitoring roles ensures transparency and responsiveness.
In conclusion, tackling violence against women is not just about punishment—it’s about prevention, protection, and empowerment. Reforms must place survivors at the center, not just in the courtroom but also in the policies that shape their futures.
Conclusion
Violence against women in India is not merely an issue of crime—it is a symptom of deeper structural and societal inequalities that continue to persist despite constitutional promises and legislative safeguards. The laws exist on paper, and in some cases, they are progressive and comprehensive. However, the true test of any legal system lies not in the volume of its statutes but in the depth of its implementation. And it is here that India continues to fall short.
Survivors of gender-based violence are often met with hostility, disbelief, and indifference when they approach institutions meant to protect them. Be it the police, courts, or healthcare systems—many remain ill-equipped or unwilling to respond with the urgency and sensitivity required. This not only discourages reporting but also erodes public trust in the rule of law. Moreover, the stigma associated with being a “victim” is so powerful that many women prefer silence over justice.
Judicial pronouncements, while landmark in nature, often struggle to translate into meaningful change at the grassroots. For instance, the Vishaka guidelines and the subsequent 2013 Act have seen patchy implementation, particularly in rural and informal sectors. Similarly, domestic violence cases rarely lead to effective protection orders or rehabilitation support due to the social normalization of spousal abuse.
In addition, the role of society in either perpetuating or preventing violence cannot be ignored. Cultural norms, misogynistic attitudes, and regressive customs often shape how violence is
viewed and addressed. Unless these attitudes are challenged head-on through education, awareness campaigns, and community dialogue, the law will remain a distant remedy.
Thus, a multidimensional approach is crucial. Legal reforms, improved institutional response, stronger community engagement, and widespread sensitization must go hand in hand. Only then can India take tangible steps toward a society where women are not just legally protected, but genuinely empowered to live free from fear, violence, and discrimination.
Name- Isha Agrawal
College- Bharati Vidyapeeth New Law College, Pune