Judicial Approach Towards Violence Against Women

โ€œThe Semantic meaning of โ€œcrime against womenโ€ is direct or indirect physical or mental cruelty to women. Crimes which are โ€œdirected specifically against womenโ€Ÿโ€ and in which โ€œonly women are victimsโ€ are characterized as โ€œCrime against Womenโ€. It is equally important to clarify the concept of โ€žโ€Violenceโ€ against women. Violence is also known as abuse and include any sort of physical aggression or misbehave. When violence is committed at home it becomes domestic violence and involves family members such as children, spouse, parents or servants. Domestic violence may involve different means such as hitting, kicking, biting, shoving, and restraining, throwing objects. In broad terms, it includes threats, sexual abuse, emotional abuse, controlling or domineering, intimidation, stalking, passive/covert abuse and economic deprivation, rape, abduction, kidnapping, murder (all cases of criminal violence, dowry death, wife battering, sexual abuse, maltreatment of a widow and for an elderly women (all cases of domestic violence) and eve-teasing, forcing wife/daughter-in-law to go for foeticide, forcing a young widow to commit sati, etc. (all cases of social violence), are issues which affect a large section of society

United Nations defines violence against women as โ€œany act of gender-based violence that results in, or is likely to result in, physical, sexual or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private lifeโ€. This encompasses, inter alia, โ€œphysical, sexual and psychological violence occurring in the family and in the community, including battering, sexual abuse of children, dowry-related violence, rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation, sexual harassment and intimidation at work, in educational institutions and elsewhere, trafficking in women, forced prostitution, and violence perpetrated or condoned by the stateโ€

Violence Against Women

Crimes against women in India are complex and multifaceted, arising from a combination of social, economic, cultural, and legal factors. It’s important to recognize that the causes of crimes against women are interconnected and rooted in deep-seated societal issues. Here are some key factors contributing to crimes against women in India:

  • Patriarchal Social Structure: India has a traditional patriarchal social structure that places men in positions of power and authority. Gender roles and expectations often perpetuate unequal power dynamics, leading to the subordination of women and the normalization of violence against them.
  • Gender Inequality: Persistent gender inequality in various spheres, including education, employment, and decision-making, contributes to a climate where women are often seen as inferior. Discrimination and unequal access to opportunities can foster an environment conducive to crimes against women.
  • Cultural Norms and Stereotypes: Deep-rooted cultural norms and stereotypes play a significant role in shaping attitudes toward women. Harmful cultural practices, rigid gender roles, and expectations regarding women’s behaviour contribute to a culture of silence around gender-based violence.
  • Violence as a Form of Control: Crimes against women are often driven by a desire to control and dominate. This can manifest in various forms, including domestic violence, dowry-related violence, and honour-based crimes, where women who challenge traditional norms may face violence as punishment.
  • Lack of Education: Limited access to education, particularly for women in certain regions, can perpetuate cycles of poverty and ignorance. Lack of education can contribute to the vulnerability of women and hinder their ability to assert their rights or access support services.
  • Economic Disparities: Economic disparities between men and women can contribute to women’s vulnerability. Economic dependence on male family members may limit women’s options and make it difficult for them to escape abusive situations.
  • Inadequate Legal Framework: While India has enacted laws to address crimes against women, the enforcement and implementation of these laws can be inconsistent. Gaps in the legal framework, delays in the justice system, and inadequate support for victims can hinder efforts to combat gender-based violence.
  • Social Stigma: Victims of crimes against women often face social stigma and blame, discouraging them from reporting incidents. Fear of judgment, societal backlash, and the perceived shame associated with being a victim can lead to underreporting and a lack of accountability for perpetrators.
  • Lack of Awareness and Sensitization: Limited awareness about women’s rights and gender-based violence, both within communities and among law enforcement, contributes to a culture of silence. Sensitization programs and awareness campaigns are crucial for challenging ingrained attitudes and fostering a supportive environment.
  • Technology and Cyber Crimes: The rise of technology and social media has brought new challenges, including the prevalence of cybercrimes against women, such as online harassment and cyberbullying.

Addressing crimes against women requires a comprehensive approach involving legal reforms, education, awareness campaigns, economic empowerment, and changes in societal attitudes. Efforts to promote gender equality, challenge stereotypes, and create a supportive environment for victims are essential components of a broader strategy to combat violence against women in India.

Crimes against women in India have profound and far-reaching consequences, impacting not only the victims but also society as a whole. These consequences span physical, psychological, social, and economic dimensions. Here are some of the key consequences:

  • Physical Health Impact: Victims of crimes against women may suffer from physical injuries, ranging from bruises and fractures to more severe forms of harm, including sexual assault. In extreme cases, violence can lead to disabilities or even fatalities.
  • Psychological Trauma: The psychological impact of crimes against women can be severe and long-lasting. Survivors may experience trauma, anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health challenges.
  • Stigmatization and Social Isolation: Victims often face social stigma and ostracization. Society may blame the victim, perpetuating harmful stereotypes and making it difficult for survivors to share their experiences or seek support.
  • Impact on Education and Employment: Women who are victims of crimes may face disruptions in their education or employment. This can result in reduced opportunities for personal and professional growth, perpetuating cycles of poverty and dependence.
  • Fear and Insecurity: The fear of violence can affect women’s daily lives, limiting their freedom of movement and opportunities for personal and professional development. A pervasive sense of insecurity can impact mental well-being and overall quality of life.
  • Impact on Relationships: Crimes against women can strain relationships with family, friends, and partners. Victims may face challenges in trust-building and may experience strained social connections due to societal attitudes and prejudices.
  • Reproductive Health Consequences: Sexual violence can have implications for reproductive health, including unwanted pregnancies, sexually transmitted infections (STIs), and other health complications. Access to reproductive healthcare may be hindered due to societal norms or financial constraints.
  • Loss of Dignity and Self-Esteem: Crimes against women often result in a loss of dignity and self-esteem. Victims may struggle with feelings of shame and guilt, especially in societies that stigmatize survivors rather than holding perpetrators accountable.
  • Legal Battles and Judicial Processes: Seeking justice through the legal system can be an arduous and re-traumatizing process. Lengthy court proceedings, societal pressure, and the risk of facing a biased legal system can deter victims from pursuing legal action.
  • Impact on Children and Families: Crimes against women affect not only the victims but also their families, particularly children. Witnessing violence within the family can have lasting effects on children’s mental health and well-being.
  • Economic Consequences: Economic consequences may include loss of income, reduced employment opportunities, and increased financial dependence on others. The economic impact can perpetuate cycles of poverty and limit the survivors’ ability to rebuild their lives.
  • Continuation of Violence: In some cases, the cycle of violence may persist across generations, as children who witness or experience violence may be at an increased risk of becoming perpetrators or victims in the future.

Addressing the consequences of crimes against women requires a comprehensive approach that includes legal reforms, support services, counselling, education, and societal changes to challenge gender norms and stereotypes. Efforts should focus on creating an environment that empowers survivors, holds perpetrators accountable, and fosters a culture of respect and equality.

Violence against women in India is a deeply rooted issue with various manifestations, encompassing physical, sexual, psychological, and economic forms of violence. Common practices of violence against women in India include:

  • Domestic Violence: Domestic violence is pervasive and includes physical, emotional, sexual, and economic abuse within the confines of the home. It often results from power imbalances and deeply ingrained patriarchal norms.
  • Dowry-Related Violence: Dowry-related violence involves harassment, abuse, and sometimes murder of a bride for her family’s alleged failure to fulfill dowry demands. Despite legal prohibitions, dowry-related violence continues to be a significant issue.
  • Rape: Section 375 IPC defines the offense of rape, including sexual intercourse without the woman’s consent or with her consent obtained under coercion, threat, or deception. The section has been amended to broaden the definition of rape.
  • Acid Attacks: Acid attacks involve the deliberate throwing of corrosive substances, usually acid, on a person’s face or body. Motivations can include revenge, rejection of romantic advances, or punishment for perceived wrongdoing.
  • Sexual Harassment and Assault: Women frequently face sexual harassment and assault in public spaces, workplaces, and educational institutions. Incidents range from catcalling and unwanted advances to rape and gang rape.
  • Honour Killings: Honour killings occur when individuals, often family members, kill a woman (or a man) for engaging in a relationship or marriage perceived as dishonourable or against societal norms.
  • Trafficking and Forced Prostitution: Trafficking of women and girls for forced labor or sexual exploitation is a grave issue. Victims are often lured with promises of employment or marriage and then forced into prostitution.
  • Female Infanticide and Foeticide: Discrimination against females begins before birth, with practices such as female infanticide (killing new born girls) or female foeticide (sex-selective abortion) driven by a preference for male children.
  • Child Marriage: Child marriage, although illegal, remains prevalent in some parts of India. Girls forced into early marriages face a higher risk of domestic violence and lack of educational and economic opportunities.
  • Cyber Harassment: With the rise of technology, cyber harassment has become a concerning issue. Women often face online stalking, harassment, and threats, impacting their mental well-being.
  • Denial of Education: In certain regions, girls may be denied access to education, reinforcing traditional gender roles and limiting their opportunities for personal and professional growth.
  • Witch-Hunting: Witch-hunting involves accusing women of practicing witchcraft, leading to physical violence or even murder. Superstitions and deep-rooted beliefs contribute to such incidents.
  • Marital Rape: Marital rape, although not recognized as a criminal offense in India, is a form of violence within marriage where sexual acts are forced without the spouse’s consent.

Addressing these issues requires a comprehensive approach involving legal reforms, awareness campaigns, education, economic empowerment, and a cultural shift toward gender equality. Efforts to challenge patriarchal norms and promote a society that values and respects women are crucial in combating violence against women in India.

Kinds of Crime against Women:

Article 2 of the Declaration on the Elimination of Violence against Women identifies three areas in which violence commonly takes place โ€“

  • Physical, sexual and psychological violence that occurs in the family, including battering: sexual abuse of female children in the household; dowry related violence; marital rape; female genital mutilation and other traditional practices harmful to women; non-spousal violence; and violence related to exploitation.
  • Physical, sexual and psychological violence that occurs within the general community, including rape; sexual abuse; sexual harassment and intimidation at work; and forced prostitution.
  • Physical, sexual and psychological violence perpetrated or condoned by the State, wherever it occurs.

Constitutional Provision:

Constitutional Provisions for women are as under:

  • Article 14, confers on men and women equal rights and opportunities in political, economic and social sphere.
  • Article 15, prohibits, discrimination against any citizen on grounds of religion, race, caste, sex etc.
  • Article 16, provides for equality of opportunities matters relating to employment or appointment to any office under the state.
  • Article 39(a)(d), mentions policy security of state equality for both men and women the right to a means of livelihood and equal pay for equal work for both men and women.
  • Article 42, directs the State to make provision for ensuring just and humane conditions of work and maternity relief.

Statutory Provisions:

Various new legislations have been brought and amendments have been made in existing laws with a view to handle these crimes effectively. These are broadly classified under two categories.

Crime Heads under the Indian Penal Code (IPC):

  • Rape (Sec. 376 IPC)
  • Attempt to commit Rape(Sec 376/511 IPC)
  • Kidnapping & Abduction of Women (Section 363- 373 IPC)
  • Dowry Deaths (Sections 302 and 304B IPC)
  • Assault on Woman with Intent to Outrage Her Modesty (Sec. 354 IPC)
  • Sexual Harassment (Sec.354A IPC)
  • Assault on Woman with Intent to Outrage her Modesty (Sec. 354C IPC)
  • Voyeurism (Sec. 354D IPC)
  • Insult to the Modesty of women (Sec. 509 IPC)
  • at Office Premises
  • at Places Related to Work
  • in Public Transport*
  • in Other Places*
  • Cruelty by husband or his relatives (Sec. 498A IPC)
  • Importation of Girl from Foreign Country (up to 21 years of age) (Sec. 366 B IPC)
  • Abetment of Suicide of Women (Sec. 306 IPC)
  • Excludes child rapes registered under the section 4 & 6 of Protection of Children from Sexual Offence Act 2012 which published separately in Chapter-6.

Crime Heads under the Special & Local Laws (SLL):

Special Acts enacted for protection and safety of women have been clubbed under SLL These gender specific laws in which criminal cases recorded by police throughout the country are โ€“

  • The Dowry Prohibition Act, 1961
  • The Indecent Representation of Women (Prohibition) Act, 1986
  • The Commission of Sati Prevention Act, 1987
  • The Protection of women from domestic Violence Act, 2005
  • The Immoral Traffic (Prevention) Act, 1956
  • The Child Marriage Restraint (Amendment) Act, 1979

Legal Provisions:

Legal Provisions for women are as under:

  • Factories Act 1948: Under this Act, a woman cannot be forced to work beyond 8 hours and prohibits employment of women except between 6 A.M. and 7 P.M.
  • Maternity Benefit Act 1961: A Woman is entitled 12 weeks maternity leave with full wages.
  • The Dowry Prohibition Act, 1961: Under the provisions of this Act demand of dowry either before marriage, during marriage and or after the marriage is an offence.
  • Equal Remuneration Act of 1976: This act provides equal wages for equal work: It provides for the payment of equal wages to both men and women workers for the same work or work of similar nature. It also prohibits discrimination against women in the matter of recruitment.
  • The Child Marriage Restrain Act of 1976: This act raises the age for marriage of a girl to 18 years from 15 years and that of a boy to 21 years.
  • Indian Penal Code: Section 354 and 509 safeguards the interests of women.
  • The Medical Termination of Pregnancy Act of 1971: The Act safeguards women from unnecessary and compulsory abortions.
  • Amendments to Criminal Law 1983, which provides for a punishment of 7 years in ordinary cases and 10 years for custodial rape cases.

Judicial Approach towards Violence against Women:

All provisions of the Constitution and all laws enacted by the legislature get their real meaning and import through the process of judicial interpretation. Through various devices like judicial review, judicial activism, social action litigation and the duty of enforcement of fundamental rights the superior Courts in India have evolved a gender jurisprudence which has given substance and life to the constitutional scheme of protective discrimination in favour of women.

Indian judiciary feel convinced of the need for women’s empowerment-by law and by legal means. The Constitution of India has taken a long leap in the direction of eradicating the lingering effects of such adverse forces so far as women are concerned. Our Constitution makes express provision for affirmative action in favour of women. It prohibits all types of discrimination against women and lays a carpet for securing equal opportunity to women in all walks of life, including education, employment and participation. Judiciary has played an active role in enforcing and strengthening the constitutional goals towards protection/rights of the women of the land. The courts in India have tried to interpret laws in consonance with the international treaties and conventions.

Judicial Approach in the matters relating to Education:

Educational women empowerment means empowering women with the knowledge, skills, and self-confidence necessary to participate fully in the development process. It means making women aware of their rights and developing a confidence to claim them. Education plays very important role in the development of the personality of all in general and woman in particular.

In P. Sagar v. State of Andhra Pradesh, AIR 1968 SC 1379 case, the Andhra Pradesh High Court observed that Article 15(3) is an exception engrafted to clause (1) of the Article 15. Thus, in view of the Article 15(3) reservation for women cannot be denied.

In Sukhdeo v. State of A.P., 1966-1 Andhra WR 294 case, the Andhra Pradesh High Court observed that the reservation for sports women does not offend the provisions of Articles 15(1) and 29(2) of the Constitution.

Judicial Approach towards Safety of Women at Place of Work:

A safe workplace is womanโ€™s legal right. Indeed, the Constitutional doctrine of equality and personal liberty is contained in Articles 14, 15 and 21 of the Indian Constitution. These articles ensure a personโ€™s right to equal protection under the law, to live a life free from discrimination on any ground and to protection of life and personal liberty.

In Vishaka v. State of Rajasthan, AIR 1997 SC 3011, case, the Supreme Court held that sexual harassment at work place is a violation of article 15 and 21 of the constitution and the Court laid down the exhaustive guidelines to prevent sexual harassment of working women in places of their work until a law is passed for this purpose. In 2013, The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was passed by the parliament of India.

Humanitarian Approach towards Sex-Workers and Sexually Abused Women:

While there are several women who have been forced into this profession due to abject poverty, lack of opportunities, or trafficking, it cannot be ignored that there is a segment of sex workers who are in this profession voluntarily. But the laws in India look at sex work through the lens of exploitation and thus focus more on eradicating prostitution than recognizing and ensuring basic human rights to sex workers. The existence of red light areas and their bone-chilling tales point towards how successful legislation has been in eliminating prostitution. All these circumstances point towards a need of changing our approach towards it. The children living in Red Light Areas fall victim to the stigma surrounding their mothersโ€™ jobs and are abused and discriminated against. Sex workers form one of the most stereotyped and marginalized communities of the nation and there is a need for protection of their rights.

In Budhadev Karmaskar v. State of West Bengal, 2011 (8) SCALE 155 case, the Apex Court held that generally, our society views prostitutes as women of low character but, refuse to look at their situation from their perspective. The bench in this case must be appreciated not just for recognizing their right under Article 21 and directing the state and central governments to act for their welfare but also, to understand their perspective and impoverished situation. Not only this, but the bench acted quite actively and gave the directions to Central and State government to prepare schemes for giving technical/vocational training to sex workers and sexually abused women in all cities in India.

In Gaurav Jain v. Union of India, AIR 1990 SC 292 case, the Supreme Court held that the children of the prostitutes have the right to equality of opportunity, dignity, care, protection and rehabilitation so as to be part of mainstream social life.

Judicial Role in Stopping Acid Attacks:

An acid attack involves the premeditated throwing of acid on a victim, usually on her face. It is a gender-based heinous crime against women.  Acid attacks often occur as revenge against a woman who rejects a proposal of marriage or a sexual advance. Gender inequality and women’s position in the society, in relation to men, plays a significant role in these types of attacks.

In Laxmi v. Union of India, (2014) 4 SCC 427 case, on account of increase in number of acid attacks on women in the past few years, Supreme Court in order to curb these and gave directions to Home Secretary, Ministry of Home Affairs associating the Secretary, Ministry of Chemical & Fertilizers to convene a meeting of the Chief Secretaries/concerned Secretaries of the State Governments and the Administrators of the Union Territories to curb and restrict the sale of acid throughout the country.

The Supreme Court issued several directions for the protection of acid attack victims such as:

  • minimum 3 Lakh Rupees compensation for victims,
  • adequate publicity of victim compensation schemes,
  • private hospitals must not refuse treatment to victims, and
  • full treatment must include medicines, food, bedding and reconstructive surgeries.

Role of Judiciary in Upholding Special Provisions for Women in Criminal Law:

The Indian Judiciary through his judicial decisions has helped women to get her what is due to her as a matter of right and has shown that discrimination against women in Indian society wonโ€™t be tolerated at all.

In Yusuf Abdul Aziz v. State of Bombay, AIR 1954 SC 321  case, the Supreme Court held that under section 497 of IPC man only be punished for offence of adultery and woman will be exempted though she may be equally guilty as an abettor was valid. It is reasonable classification under Article 14 and it was saved by virtue of Art. 15(3).

In a Sowmithri Vihnu v. Union of India, AIR 1985 SC 1618 case, the Supreme Court held that the contemplation of the law, evidently, is that the wife, who is involved in an illicit relationship with another man, is a victim and not the author of the crime.

In Revathi v. Union of India, AIR 1988 SC 835 case, the Supreme Court held that that Section 497 of the Indian Penal Code is so designed that a husband cannot prosecute the wife for defiling the sanctity of the matrimonial tie by committing adultery. Thus the law permits neither the husband of the offending wife to prosecute his wife nor does the law permit the wife to prosecute the offending husband for being disloyal to her. Thus both the husband and the wife are disabled from striking each other with the weapon of criminal law.

Role of Judiciary in Safeguarding Rape Victim:

Articles 19 to 22 of The Constitution of India provide a detailed scheme of Right to Freedom. Article 19 (1) guarantees 6 freedoms for citizens with reasonable restrictions and Article 21 provides for Right to life and personal liberty of each and every person in India which includes Right to live with human dignity, right to livelihood, right to work, right to privacy, right against sexual harassment etc.

Sexual Offences are a special class of offences in themselves. Courts cannot adopt the same approach in conducting the judicial proceedings of the cases involving sexual offences which they generally adopt in the cases involving offences of general category like those under the Indian Penal Code or the other special Acts. Various provisions in the Code of Criminal Procedure, Evidence Act and the judicial pronouncements of the Supreme Court require the trial and appellate courts to deal with the cases involving sexual offences differently. There are enough safeguards provided in various laws to prevent the unnecessary harassment of the victim of the sexual offences and the witnesses during the course of investigation, enquiry and trial of cases.

In Delhi Domestic Working womenโ€™s Forum v. Union of India, (1995) 1 SCC 14  case, the Supreme Court held that women also have the right to life and liberty; they also have the right to be respected and reacted as equal citizens. Their honour and dignity cannot be touched or violated. They also have the right to lead an honorable and peaceful life. Rape is a crime against basic human rights and is also violative of the victimโ€™s most cherished of the fundamental rights, normally, the right to life and privacy contained in constitution under Art. 21 and court had provided compensation to rape victims.

In Lillu @ Rajesh v. State of Haryana, AIR 2013 SC 1784 case, for the first time, the Supreme Court in this case realized the agony and trauma of a rape victim who had to go through two finger test give her character certification and after analyzing through various precedents, held that it is violation of victimโ€™s right to privacy and dignity. Court held that medical procedures should not be carried out in a manner that constitutes cruel, inhuman, or degrading treatment and health should be of paramount consideration while dealing with gender-based violence. The State is under an obligation to make such services available to survivors of sexual violence. Proper measures should be taken to ensure their safety and there should be no arbitrary or unlawful interference with her privacy.

In State of Madhya Pradesh v. Madan Lal, Criminal Appeal No. 231 of 2015 case, the Supreme Court once again clarified that rape cases cannot be compromised or mediated, as rape is a non-compoundable offence. The Court held that compromise in rape cases would be against the victimโ€™s honor and dignity, which are sacrosanct. Bench also held that allowing compromise is not a good sign to society and “such an attitude reflects lack of sensibility towards the dignity of a woman.”

In Surjit Singh Thind v. Kanwalji Kaur, AIR 2003 P&H 353 the Apex Court held that allowing the medical examination of a womenโ€™s virginity violates her right to privacy under Art. 21 of the Indian Constitution.

Judiciary on Female Foeticide:

Female foeticide is the process of finding out the sex of the foetus and undergoing abortion if it is a girl. Although it is illegal, many people continue to practice it. Besides this, there are some communities which practice female infanticide – the practice of killing the girl child once she is born. The Indian Parliament had enacted Medical Termination of Pregnancy Act, 1971, The Indecent Representation of Women (Prohibition) Act, 1986, Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Protection of Women from Domestic Violence Act, 2005and many more laws to protect the women life and liberty.

In CEHAT v. UOI, AIR 2003 SC 3309 case, the Supreme Court had given several directions regarding sex selection and sex selective abortion and for proper implement of Pre-Natal Diagnostic Techniques Act by saying that female foeticide as a heinous act and an indicator of violence against women.

Judicial Approach in Protection of Women from Exploitation:

Right against exploitation is recognized under Article 23 and 24 of the Constitution of India. Article 23prohibits “traffic in human beings and beggar and other similar forms of labour”. Also the Suppression of Immoral Traffic in Women and Girls Act, 1956 has been enacted with the object of inhibiting or abolishing the immoral trafficking of women and girls. Articles 21 and 23also impose the duty on state to identify, release and rehabilitate freed bonded labourers.

The judicial approach towards violence against women in India has evolved over the years, with efforts to address and redress crimes against women more effectively. However, challenges persist, and there is ongoing work to enhance the legal system’s responsiveness. Here are some key aspects of the judicial approach:

  • Legal Reforms: India has seen significant legal reforms aimed at addressing violence against women. Amendments to the Indian Penal Code (IPC) and the Criminal Procedure Code (CrPC) have been made to broaden the definitions of offenses, enhance penalties, and improve the legal framework for dealing with crimes such as rape, sexual harassment, and domestic violence.
  • Fast-Track Courts: To expedite the trial related to crimes against women, fast-track courts have been established. These courts are designed to ensure swift justice and reduce the backlog of cases, particularly those involving sexual offenses.
  • Strict Sentencing: There has been a shift towards imposing stricter sentences for crimes against women, especially in cases of rape. The introduction of the death penalty for certain categories of rape cases reflects the increased severity of punishment in an effort to deter such offenses.
  • Victim-Centric Approach: There is a growing recognition of the need for a victim-centric approach in handling cases of violence against women. Courts are increasingly sensitive to the trauma experienced by survivors, and efforts are made to protect their rights and dignity during legal proceedings.
  • Use of Technology: The use of technology, such as video conferencing, to record statements and conduct hearings in a manner that minimizes the trauma for survivors has become more common. This approach aims to make the legal process more accessible and less intimidating for victims.
  • Legal Aid and Support Services: Legal aid and support services for victims have been expanded to ensure that survivors have access to legal representation and support throughout the legal process. This includes counselling services and assistance in navigating the complex legal system.
  • Judicial Activism: Judicial activism has played a role in shaping the approach towards violence against women. Courts have taken suo motu cognizance of cases, issued guidelines to improve investigation procedures, and intervened in matters to ensure justice is served.
  • Public Interest Litigation (PIL): Public Interest Litigation has been used as a tool to bring attention to systemic issues related to violence against women. Courts have, at times, taken suo motu notice of cases based on PILs to address broader societal concerns.
  • Challenges and Criticisms: Despite positive developments, there are challenges and criticisms. These include delays in the legal process, issues related to witness protection, societal prejudices affecting judgments, and the need for further improvements in the overall judicial infrastructure.
  • Awareness and Sensitization: There is a growing emphasis on the sensitization of judges, lawyers, and law enforcement officials to issues related to violence against women. Training programs and workshops are conducted to increase awareness and understanding of the complexities surrounding such cases.

While there have been positive steps, the judicial approach towards violence against women is an evolving area, and efforts are ongoing to address the systemic issues that hinder the efficient and empathetic resolution of such cases. Public awareness, legal education, and continued reforms are essential components of creating a justice system that effectively addresses and prevents violence against women in India.

Conclusion:

The life of woman in India is still surrounded by violence, neglect and exploitation. Violence against women is increasing at an alarming rate in day-today life. No doubt, the law has tried to check the violence against women, which is evident from the very Acts passed by the legislature and the amendments made in the provisions of the existing law from time-to- time, but it has failed to evoke the desired initiative from the victim on account of slow, inappropriate ineffective implementation of laws. Despite so much of legal protection and liabilities on the part of government human rights of women appear to be a myth in India. Women are still the sufferer of gender discrimination both in private as well in as public life. They suffer discrimination, deprivation and exploitation for being women. Because of gender discrimination they are the poorest, illiterate, and most miserable section of all castes as well as communities suffering a number of atrocities like sex selective abortions, female foeticide, child marriage, domestic violence, widow abuse, sati, dowry deaths. According to recent reports, the judicial attitude regarding crimes against women seems to be shifting as a result of social and political shifts. Law reform pertaining to crime towards women was spurred by an active women’s movement and an increasing sympathy for women’s situation displayed by members of higher judiciary. When it comes to women’s concerns, the courts have been more liberal and progressive in their approach.