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Crimes Against Women in India: A Criminological and Legal Analysis

Publications, Research paper

Abstract

The battlegrounds of India’s history and the respect given to women in them is a matter of universal recognition but at the same time, being a patriarchal society, the atrocities committed against women are also not hidden from anyone, be it the four walls of the house or the society, the atrocities committed against women are clearly visible everywhere but some of these come into light and only a few of them are prosecuted and the rest are pass over. The contradiction between worshipping women as deities and the reality of their social treatment reveals deep-rooted patriarchal norms.1 And this violence is not only the marks we can see but also includes psychological, emotional, financial and social violence.

Key words

Patriarchy, Symbolic violence, Criminology, Victimization, Justice

Introduction

Violence against women is a violation of human rights; it is neither unchanging nor inevitable and could be radically reduced, and eventually eliminated.2 There has always been a conflict between India’s culture and modern thinking, especially when it comes to the treatment of women with equality and freedom. Even today women are considered as object of sexual gratification and they are always considered weaker than men in every way. In villages, raising hands on wife, abusing sisters and daughters, keeping the women locked in the house is a very common practice. Even in the 21st century girls are considered a burden. According to the National Crime Records Bureau, over 4,45,256 cases of crimes against women were reported in India in 2022.3

However, if we look at our history or present, we can see that today’s girls are no less than men in any category, courage, bravery or equality, girls are equal to boys today. crime against women is increasing rapidly and is becoming more brutal. From dowry death and honour killing to acid attack, cyber crime and rape, everything is increasing still women are the ones who are blamed for this, which shows us a face of male dominated society. Eventually, our government has made many rules and laws to stop all these crimes but the implementation on ground level is still so far.

The aim of this paper is to understand the criminological aspect behind these offences and critically evaluate the measures of Indian legal system with respect to this. Through a socio-legal lens, the paper is not only understanding the nature of these offences but also the societal attitudes, enforcement challenges, and policy shortcomings that allow them to persist. 

Statement of Purpose

In India, crime against women is a fault of the society which shows the dominance of male-dominated society and the failure of justice principles. Despite making constitutional guarantee and many safety and prevention laws, this series of crimes is increasing day by day. According to the 

National Crime Records Bureau, over 4.4 lakh cases of prime crime against women are reported in 2022 alone, including dowry death, domestic violence, acid attack, and cyber crime.4 These statistics clearly show us how much decision there is in making laws and implementing them. The protection of women from domestic violence act 2005 and section 498A of the IPC, though well intended, face significant challenges in enforcement due to police insensitivity, victim blaming and long delays in the judicial process.5 Furthermore the persistent objectification of women within media culture and everyday life exacerbates their vulnerability to violence and exploitation.6 Despite so much legal and modernity this male dominated thinking does not do these disgusting things due to which there are increased obstacles in getting justice. This paper tries to understand the criminological investigation behind the crimes happening against women and thinks about finding some such solutions which are in the interest of women due to the difficulties in implementing the laws that have been made. 

Objective of the study

The objectives of writing this paper are 

  1. To understand the reasons behind different types of crimes against women in India like dowry death, domestic violence, acid attack, cyber crime and their impact on the society as a whole.
  2. To investigate the criminological factors behind crimes against women including social aspects, gender discrimination and impact of patriarchal society. 
  3. To evaluate the effectiveness of existing legal provisions like different types of laws like protection of Women From Domestic Violence Act 2005 and Section 498A of the IPC.
  4. To assess the impact of these legal measures on the functioning of the law and judicial processes and identifying factors that disturbs the women’s safety and crime prosecution including police insensitivity, blaming victims, and delays in legal system.
  5. Proposing behavioural respect with an aim to improve the implementation of existing laws, increase social awareness and change gender equality to reduce violence against women in India .

Research questions

  1. What are the various forms of crimes against women in India and how are they increasing with time?
  2. What are the criminological and social factors contributing to the increasing crimes against women in this male dominated society? 
  3. How efficient are the current legal provisions such as protection of women from domestic violence act 2005 and section 498 of IPC for curbing these crimes? 
  4. What are the main challenges faces in implementing these laws, particularly in law enforcement and judiciary? 
  5. What are the legal and social changes needed to curb these crimes so that the safety and dignity of women can be protected in this society?

Hypothesis

Despite constitutional and legal measures that are made to keep women safe, crimes against women are increasing in India. Male dominated thinking, failure in law enforcement and delay in judicial process, all this seems to be a failure of our judicial and societal values. We can call this gap in theory of practical life as the weakness of our judicial system towards women. As noted by the United Nations, violence against women persists as one of the most pervasive human rights violations globally, often compounded by social acceptance and institutional apathy.7

Literature review

The crimes against women have been examined through a criminological, sociological and legal perspective. Many great scholars have said that a major reason for atrocities against women is gender inequality and oppressed patriarchal beliefs. Nivedita Menon argues that societal normalization of male dominance perpetuates violence, rendering women vulnerable in both private and public spheres.8 Similarly, Baxi and Agnes have discussed how criminal law often fails to deliver justice due to procedural delays, low conviction rates, and the burden of proof on victims.9 

The Protection of Women from Domestic Violence Act, 2005, is often cited as a progressive law; however, studies indicate that its implementation remains inconsistent.10 The insensitive behaviour of law enforcement agencies towards the complainant women basically discourages them from fighting for justice. The role of the judiciary has also been critiqued for its inconsistent interpretations and delayed case resolutions, particularly in cases under Section 498A of the IPC.11

From a criminological lens, Kimmel and Dobash emphasize that violence against women is not isolated deviant behaviour but is deeply embedded in cultural patterns of control and dominance.12 This theory aligns with empirical data from the National Crime Records Bureau, which consistently reports rising cases of domestic violence, dowry deaths, and cybercrimes against women.13 Moreover, studies have shown that media portrayal and the objectification of women significantly influence societal attitudes and behaviour, further fueling gender-based crimes.14

Due to this very reason, we can see a significant disconnect between ground realities and legislative intent. Even though laws are in place, social attitudes, lack of systemic empathy, and poor enforcement contribute to the continued prevalence of crimes against women in India. This review underscores the urgent need for integrated reforms legal, institutional, and cultural to truly ensure the safety and dignity of women.

Research methodology

The present study is based on both primary and secondary data like crime reports, journals, books and internet surveys etc. 

Criminological perspective

Crime against women in India cannot be comprehensively understood without an examination of underlying criminological theories that elucidate that elucidate the origins of such behaviour. From a criminological standpoint, violence against women is not merely an isolated act of aggression but rather a socially behaviour profoundly shaped by patriarchy, cultural norms, and power imbalances. Feminist criminology theory is crucial for examining crimes committed against women.It argues that the legal system and societal structure are shaped by male dominance, where women are marginalized and often blamed for violence committed against them.15 This thery helps us to understand why law often fails to safeguard women and why victims face stigma, disbelief and institutional neglect.

The Social Learning Theoy, proposed by Albert Bandura,  suggests that individuals learn aggressive behaviour through observation and imitation, particularly in environments where such behaviour is normalized or goes unpunished.16 In a society like India where dowry death and domestic abuse is treated as a normal practice within families and communities, the next growing generation adapts these acts as acceptable behaviour.

The strain theory developed by Robert Merton, can also be applied, particularly in the context of dowry-related violence. It suggests that when individuals are unable to achieve societal expectations through legitimate means, they may resort to deviant acts. In India, the expectation of wealth or financial gain through dowry has created strain, which sometimes result in extreme violence against women who cannot meet those demands.17

Furthermore, routine activity theory posits that crime occurs when a motivated offender encounters a suitable target without adequate guardianship.18 The lack of surveillance, poor law enforcement, and inadequate legal protection make women vulnerable to crimes such as cyberstalking, sexual harassment, and physical violence.

These theories collectively reveal that crimes against women are not isolated or spontaneous acts but are systemic and culturally embedded. The normalization of violence, societal silence, gender inequality, and the failure to hold perpetrators accountable all contribute to a criminogenic environment where women’s safety is persistently compromised.

Legal framework

The Indian legal system provides a comprehensive framework to deal with crimes against women, which includes constitutional statutory and judicial protection measures aimed at the respect and safety of women. Despite all these legal systems, many challenges have to be faced in implementing these laws fully.

The Constitution of India guarantees fundamental rights under Articles 14, 15, and 21, ensuring equality before the law, protection against gender discrimination, and the right to life and personal liberty.19These provisions lay the foundation for many efforts to prevent and punish violence against women

Among statutory protections, Section 498A of the Indian Penal Code (IPC) criminalizes cruelty by a husband or his relatives towards a woman.20 Similarly, section 304B of the IPC deals with dowry death while section 376 of the IPC provides for a punishment of Rape. Amendments post the Nirbhaya case led to the Criminal Law (Amendment) Act, 2013, which broadened the definition of sexual offences and introduced stricter punishments.21

The Protection of Women from Domestic Violence Act, 2005, is a civil law designed to provide immediate relief and protection to women facing abuse within the household.22 This provision offers protection, residence and monetary relief related orders. 

For crimes in digital spaces, Section 66E and 67 of the Information Technology Act, 2000, address cyber harassment and the publication of obscene material online, reflecting the growing concern for women’s safety in virtual environments.23The judiciary also plays a vital as well as active role in developing legal interpretation. Landmark judgments such as Vishaka v. State of Rajasthan laid down guidelines against sexual harassment at the workplace, which were later codified in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.24

While the law is widespread, its success depends on the reach, awareness and accountability of the institutions. Women are often affected by the insensitivity of the police, society and lack of timely management of the justice system, which weakens the protective shield created by these laws.

Challenges in implementation

Despite the presence of comprehensive laws designed to protect women, the implementation of these legal provisions faces numerous structural, institutional, and societal challenges. The gap between legislative intent and ground reality often renders these protections ineffective for those who need them most.

One of the primary barriers is police apathy and insensitivity. Victims frequently encounter reluctance in registering First Information Reports (FIRs), intrusive questioning, and dismissive attitudes, which discourage them from seeking legal recourse.25 This lack of trust in law enforcement deepens the under reporting of crimes against women.

The judicial process is often lengthy and cumbersome, resulting in delayed justice. Overburdened courts, procedural loopholes, and frequent adjournments make it difficult for victims to sustain their legal battles. As per NCRB data, conviction rates in crimes against women remain low, highlighting systemic inefficiencies.26

Victim-blaming and social stigma add another layer of complexity. Survivors of rape, domestic violence, or cyber abuse are often shamed or ostracized, pushing them into silence. Cultural norms frequently prioritize family reputation over justice, discouraging women from reporting crimes.

The lack of awareness and legal literacy further hinders the accessibility of justice. Many women, especially in rural areas, are unaware of their rights or the legal remedies available to them, which makes them more vulnerable to exploitation and abuse.

Moreover, gender biases within law enforcement and the judiciary influence outcomes. Instances of trivializing complaints or pressuring victims to compromise or reconcile reflect a larger cultural reluctance to challenge patriarchal norms.

Lastly, resource constraints—including a shortage of trained personnel, inadequate shelter homes, and insufficient psychological support—limit the capacity of institutions to respond effectively to women’s needs.

Suggestions and Reform

To address the persistent and multifaceted issue of crimes against women in India, a multidimensional reform strategy must be adopted—one that transcends legal frameworks and addresses the root social and institutional causes.

  1. Gender Sensitization and Training

Law enforcement agencies must undergo regular and mandatory gender sensitization training to eliminate bias, improve victim-handling, and ensure that survivors feel safe and respected. This includes improving how FIRs are registered and creating women-friendly police stations.

  1. Speedy Justice and Legal Reforms

Special fast-track courts dealing with crimes against women should be expanded across the country to reduce delays. Procedural reforms are also needed to simplify legal processes, provide free legal aid, and protect victims from secondary trauma during trials.

  1. Community-Based Awareness Programs

Social awareness initiatives aimed at dismantling patriarchal mindsets are essential. Public education campaigns on gender equality, consent, and legal rights must be actively promoted in schools, colleges, and rural communities.

  1.  Victim Support Infrastructure

More crisis centers, helplines, legal aid cells, and shelter homes should be developed and properly funded. Mental health counselling and rehabilitation must be integrated into the legal response system to ensure holistic recovery of survivors.

  1.  Stricter Accountability Mechanisms

There must be accountability in implementation. Setting up independent oversight bodies to monitor the performance of police and judicial officers in handling women’s cases will reduce negligence and bias.

  1.  Digital Safety Measures

With the rise in cybercrimes, specific technological interventions like digital literacy training for women, online reporting portals, and better coordination between cyber cells and law enforcement are urgently needed.

  1.  Curriculum Reforms

Educational institutions should introduce modules on gender justice, constitutional rights, and criminological awareness to impart a culture of equality and respect from a young age.

  1.  Policy Integration and Intersectoral Coordination

Government departments—law, health, education, and social welfare—must work collaboratively to implement policies for women’s safety and empowerment effectively, rather than in isolation.

Conclusion

Crimes against women in India not only reflect individual criminal acts but also entrenched   structural inequalities and conservative male-centric beliefs embedded within society. Despite a powerful legal framework and constitutional safeguards, the increasing number of offences such as domestic violence, dowry deaths, acid attacks, and cybercrimes highlight the disconnect between law and its implementation on the very ground level. Criminological theories help in understanding the socio-psychological and systemic factors that makes people believe that these acts are normal. It is clear that legal provisions alone are insufficient unless they are backed by social reform, institutional accountability, and cultural transformation. Securing justice for women demands not only the reinforcement of legal and judicial systems but also a transformation of the societal mindset that perpetuates such crimes. A shift towards empathy, education, empowerment, and effective enforcement is essential for building a society where women feel safe, respected, and truly equal.

Citations 

  1. Neelam Kumar, Women and society in India 12 (Oxford University Press 2019)
  2. U.N. Secretary general, In depth study on all forms of violence against women, U.N. Sales No. E.06.IV.8 (2006)

https://www.un.org/womenwatch/daw/vaw/publications/English%20Study.pdf

  1. National Crime Records Bureau, Crime in India 2022, Vol. I, at 157 (Ministry of Home Affairs, Govt. of India).
  2. National Crime Records Bureau, Crime in India 2022, U.N. Sales No. E.06.IV.8 (2022), https://www.ncrb.gov.in.
  3. Protection of Women from Domestic Violence Act, 2005, No. 43, Acts of Parliament (2005)
  4. Gita Aravamudan, The Power of the Female Gaze 34 (Oxford Univ. Press 2018).
  5. Study of the Secretary-General, Ending Violence Against Women: From Words to Action,U.N. Sales No. E.06.IV.8 (2006),

https://www.un.org/womenwatch/daw/public/VAW_Study/VAWstudyE.pdf.

  1. Nivedita Menon, Seeing Like a Feminist 47 (Zubaan 2012).
  2. Upendra Baxi & Flavia Agnes, Law and Gender Inequality: The Politics of Women’s Rights in India 22 (OUP 1999).
  3. Protection of Women from Domestic Violence Act, 2005, No. 43, Acts of Parliament (2005).
  4. Indian Penal Code, section 498A, No. 45 of 1860.
  5. Michael Kimmel, Gendered Society 220 (Oxford Univ. Press 2008); R. Emerson Dobash & Russell P. Dobash, Violence Against Wives (Free Press 1979).
  6. National Crime Records Bureau, Crime in India 2022, https://www.ncrb.gov.in.
  7. Laura Mulvey, Visual Pleasure and Narrative Cinema, 16 Screen 6 (1975)
  8. Carol Smart, Women, Crime and Criminology: A Feminist Critique (Routledge 1976).
  9. Albert Bandura, Aggression: A Social Learning Analysis (Prentice-Hall 1973).
  10. Robert K. Merton, Social Theory and Social Structure (Free Press 1968).
  11. Lawrence E. Cohen & Marcus Felson, Social Change and Crime Rate Trends: A Routine Activity Approach, 44 Am. Soc. Rev. 588 (1979).
  12. India Constitution Article 14, 15 & 21.
  13. Indian Penal Code, section 498A, No. 45 of 1860.
  14. The Criminal Law (Amendment) Act, No. 13 of 2013.
  15. Protection of Women from Domestic Violence Act, 2005, No. 43 of 2005.
  16. Information Technology Act, 2000, section 66E & 67.
  17. Vishaka v. State of Rajasthan, (1997) 6 SCC 241.
  18. Flavia Agnes, Law, Justice and Gender: Family Law and Constitutional Provisions in India, 4 EPW 37 (1997).
  19. National Crime Records Bureau, Crime in India 2022, https://www.ncrb.gov.in.

Name – Harpreet Kaur

College Name – IMS  Law College, Noida