JUDICIAL RESPONSE TOWARDS OFFENCES AGAINST WOMEN BY - MAHI THAKUR, DIVYASHREE KARANTH BR, ANJALI MM, AKHIL R JAYAN & KISHAN PAVAN DAAGA
JUDICIAL RESPONSE TOWARDS OFFENCES
AGAINST WOMEN
AUTHORED BY - MAHI THAKUR, DIVYASHREE KARANTH BR,
ANJALI MM, AKHIL R JAYAN
& KISHAN PAVAN DAAGA
ABSTRACT
This research paper identifies and discusses historical
background on legal safeguards for women in India, the current situation and
judicial measures toward crimes on women. Nonetheless, India prides in a rich
culture that once protected women, but today a number of women and girls have
been harassed through dowry harassment, sexually assaulted, and abused
physically. The Indian Penal Code (now BNS) and various special laws describe
these offences. At the end of this research paper, two main themes can be derived
from the analysis of the difficulties and complexities of the treatment of
offences against women in the legal system. The analysis of the researchers
after critically reviewing the landmark cases of the laws related to offences
against women, other legal works of the well-renowned academicians in the field
of law points out following multifaceted challenges. The paper also lays
emphasis on other legal changes such as the Criminal Law (Amendment) Act of
2013 and other subsequent changes that have come with stronger measures that
seek to address the acts of sexual violence. Supreme Court judgments have also
helped in creating legal standards and improving the way victims have been
supported and it shows that the judiciary has been very proactive in establishing
the framework for tackling workplace harassment and marital rape among other
issues. This study also focuses on the impact of new legislation, the
developments of the lower courts and the judicial training programmes on gender
sensitisation, to provide a framework for comprehensive interventions on the
issues. In addition, this discussion underlines the problem of the
effectiveness of a victim-oriented approach within the judicial system.
Finally, this study contributes to the understanding of the objective and
subjective aspects of women’s rights, as well as judicial treatment of
offenders that committed crimes against women. It serves to ensure and sustain
efforts aimed at creating and advancing legal mechanisms, transforming cultures
that support violation of women’s rights, and the pursuit of a fairly just and
safe justice system for women. Moreover, our research aims at bringing out the
necessary positive changes by creating an environment where women are protected
from fear, discrimination and violence.
Keywords: Judiciary, Women, Crimes, Criminal
Law (Amendment) Act, 2013, Landmark Judgements
INTRODUCTION
Crimes against women are a
very crucial problem in society at the moment such as domestic violence, sexual
assault, and harassment these are a clear violation of the law and rights of
women. The purpose of this paper is to delve into the actions that the court
has taken in regard to this issue and understand the development in this issue
done by the court. The document analyses recent historical events where legal
approaches towards offences against women have evolved, creating significant
judicial milestones that have transformed legal practice.
Another key part to
discuss is the programs designed to support victims for example which are legal
reforms and victim support schemes making the legal system more accessible and
fostering rehabilitation for survivors. Changes in women's rights and attitudes
towards crimes impacted both current and future cases. Also, the paper looks at
a number of judicial programs and reforms that have been designed to assist in
the coordination and support of victims of these offences. Often, courts have
been the first in making proposals for legal reforms, establish schemes for
victim support, and organise gender-sensitization seminars for the judges.
Therefore, by introducing
creative construction, the judiciary has been working on how to make the legal
regime more accessible and friendly to women. This paper includes the current
literature by assessing the changing nature of judicial attitudes against
women. It sets out to address the question of how effectively had the courts
occupied the legal terrain, solved the procedural obstacles posed, and brought
relevance to the cause of the protection of women’s rights. Hence, this article
will contribute in evaluating the steps taken by the courts in dispensing
justice, promoting women’s rights and ensuring that women’s lives are not at
risk.
RESEARCH OBJECTIVE
This paper focuses on a
few key areas to understand how courts handle crimes against women—assessing
how judges sentence offenders to see if there are patterns or differences based
on the type of crime, the victim's background, and the offender's profile.
Checking if current laws are effective, consistently applied, and meet
international standards. It is essential to see if judges' personal biases or
opinions affect their decisions in cases of violence against women. Evaluating
how well victim support services are integrated into the legal system can help
us understand how survivors are supported. Additionally, examining how gender
sensitivity training for judges impacts their decision-making. Comparing how
different regions handle these cases can reveal effective practices. Lastly,
understanding how court decisions influence public trust and repeat offending
rates will give us a complete picture of how well the justice system addresses
these crimes.
RESEARCH METHODOLOGY
Research methodology
refers to the approach a researcher adopts to present their study. It outlines
the strategy, research methods, and sources used during the research process.
In this case, a qualitative method has been employed. Legal research involves
gathering information to analyze legal decision-making and can be classified
into two types:
?
Doctrinal Legal Research: This type of research
involves gathering information from primary, secondary, and statutory sources.
?
Non-Doctrinal Legal
Research:
This method gathers information through surveys, interviews, and other
empirical techniques.
This paper follows a
doctrinal research method, relying on already published resources such as
books, articles, statutes, and research papers sourced from legal databases and
online platforms. The doctrinal approach was chosen due to the expansive nature
of Indian laws and Judicial Response towards the Offences Against Women. This
method helps ensure a more comprehensive and higher-quality analysis of the
issue.
RESEARCH QUESTIONS
Q1.
How have the recent legislative reforms, particularly the Bharatiya Nyaya
Sanhita, Bharatiya Nagarik Suraksha Sanhita, and BharatiyaSakshaAdhiniyam,
2023, influenced judicial interpretations and outcomes in cases involving
offences against women?
Q2.
To what extent have landmark Supreme Court decisions shaped lower courts'
approaches to cases of offences against women?
Q3.
What factors contribute to variations in sentencing patterns for similar
offences against women across different states or levels of the judiciary in
India?
Q4.
How effective have procedural reforms been in improving access to justice for
women victims of crime?
Q5.
What impact have judicial training programs on gender sensitisation had on
judges' decision-making processes and overall case outcomes in offences against
women?
LITERATURE REVIEW
The judicial response to
offences against women has been an extensive topic of examination in academic
literature. Madhusree (2007)[1],
in her analysis, stated that even though ancient legal systems had some
protections for women, the social attitudes of the time often weakened these
protections. This is clear from the author's look into the history of women's
rights. It shows how deeply rooted cultural beliefs have influenced and
sometimes slowed down the progress of legal safeguards for women.
Ghosh's (2010)[2]study looked into how
gender equality has shaped Indian laws. It shows that since independence, laws
like the Domestic Violence Act of 2005 and the Criminal Law (Amendment) Act of
2013 have improved women's legal rights. The author focuses on how important it
is to prioritise women's rights and how effective these laws have been in
addressing and fighting different forms of violence and discrimination against
women.
Sharma (2014)[3] studies important rulings
such as Vishaka v. State of Rajasthan and
Laxmi v. Union of India that have had
a huge impact on how the Indian judicial system handles sexual assault. These
landmark cases set crucial standards for handling sexual harassment and
ensuring victims receive compensation. Sharma highlights how these rulings have
reshaped legal procedures and laws in India. By establishing clear guidelines
and benchmarks, these decisions have significantly improved the way sexual
assault cases are addressed, leading to better protection and support for
survivors.
Kumar (2018)[4] explores how legal
protections for women in India have evolved, focusing on key reforms like the
Sexual Harassment of Women at Workplace (Prevention, Prohibition, and
Redressal) Act of 2013. The study looks at how well these laws have worked to
improve conditions in workplaces and points out some of the challenges in
putting these laws into practice. Kumar highlights that while the legislation
has established important guidelines for tackling sexual harassment, there are
still significant hurdles to making sure these protections effectively benefit
women in real-life situations.
Patel (2020)[5] looks at how judges'
personal views and biases affect their decisions in cases of violence against
women. By analysing court cases, Patel finds that even though there have been
attempts to tackle gender bias, judges' attitudes still influence their rulings.
The study highlights the importance of continuous training and reforms to help
ensure that the legal system handles these cases fairly and without bias.
CRITICAL ANALYSIS
Chapter I - The historical and cultural context of women's
status in India and the legal framework
India is a country known
for its rich culture and tradition. During ancient times, a woman was given the
place of a goddess in Indian culture, be it, Maa Durga or Lakshmi. As time
passes by, cultural respect is drowning and the rate of crimes against women is
increasing immensely. As it is visible the crime happening against women every
minute in some part of the country. Every day, women are being molested,
assaulted and violated. There are certain crimes that happen repeatedly and to
a greater extent such as dowry harassment, sexual assault, domestic violence,
rape, etc.
Though women can be
subject to all types of crimes but some crimes are specific to women, such as
rape, molestation, eve-teasing, trafficking etc In India, crimes against women
broadly fall in two categories; (a) Crimes identified under IPC, and (b) Crimes
identified under special laws. The crimes identified under the Indian Penal
Code (now BNS) are:
(1) rape (section 375 IPC[6]),
(2) Kidnapping and abduction for different purposes (sections 363[7]-373
IPC[8]),
(3) homicide for dowry, dowry deaths, or their attempts (sections 302[9]/304B[10]
IPC), (4) importation of girls (up to 21 years of age, section 366B IPC[11]),
(5) sexual harassment (section 509 IPC[12])
etc.
The crimes identified
under the special laws are:
(1) Commission of Sati (Prevention) Act, 1987[13],
(2) Dowry (Prohibition) Act, 1961[14],
(3) Immoral Traffic (Prevention) Act, 1956[15],
(4) Indecent Representation of Women (Prohibition) Act, 1986[16]
etc.
There have been few recent
reforms that have aimed to strengthen the legal framework protecting women,
i.e., Criminal Law (Amendment) Act, 2013[17],
commonly known as the Nirbhaya Act, this amendment introduced stricter
penalties for sexual offences, including the death penalty for gang rape and
enhanced punishment for offences against minor and Criminal Law (Amendment) Act, 2018[18],
further amendments increased penalties for sexual offences against children,
including life imprisonment for the rape of girls under 12 years.
Few of the change introduced by the Bharatiya Nyaya
Sanhita[19],
Bharatiya Nagarik Suraksha Sanhita[20] and
BharatiyaSakshaAdhiniyam[21]
2023 have impacted judiciary perception and decisions regarding the offences
against women such as sexual offence law and their penalties are made
stricter,registration of FIRs is made compulsory in crimes relating to women,
provisions to prevent misuse of IPC 498A.
Some landmark Supreme
Court judgments have played a crucial role in shaping approaches to cases of
offences against women. For example, in the case of Delhi Domestic Working Women's
Forum v. Union of India (1995)[22]
the court issued guidelines for assisting victims of rape and sexual assault, Budhadev
Karmaskar v. State of West Bengal (2011)[23]
the court directed governments to provide technical/vocational training to sex
workers and sexually abused women, in Laxmi v. Union of India (2014)[24]
case it prohibited sale of acid and mandated compensation for acid attack
victims, Mukesh &Anr v. State for NCT of Delhi & Ors. (2017)[25]
The court upheld death penalty for
convicts in the Nirbhaya rape and murder case. Moreover, the Indian legal
system provides various legislations for the protection of women, i.e., The
Protection of Women from Domestic Violence Act, 2005, The Dowry Prohibition
Act, 1961, The Sexual Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act, 2013: Commonly referred to as the PoSH Act, The National
Commission for Women Act, 1990, The Medical Termination of Pregnancy Act, 1971
etc.
Chapter II - Landmark Cases and Legal Evolution in Combating
Crimes Against Women in India
Various landmark cases
which ruled against the crimes against women have impacted the Indian legal
system significantly. The Vishaka v. State of Rajasthan (1997)[26]is
once such case that focused on sexual harassment against women in the
workplace. This case raised awareness of the legal safeguards that are
available for women who face sexual harassment in workplaces. Following the
ruling of this case, the Vishaka Guidelines are a set of regulations that
companies and offices are mandated to follow to deal with and eliminate sexual
harassment in the workplace. Before this case, no particular laws provided
women with legal protection against sexual harassment in workplaces. The
Vishaka Guidelines addressed this. Following this the Sexual Harassment of
Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013 was
introduced, offering more thorough protections. This case showcases how the
judiciary can guarantee that women work safely and in a respected environment.
Another landmark ruling
considered one of the most significant cases in the area of offences against
women is Mukesh &Anr v. State of Delhi (NCT)[27],
popularly known as the Nirbhaya Case. The case deals with
the heinous gang rape and abuse of Nirbhaya. Her intestines were pulled out,
and reproductive organs were mutilated. This case was recognised as one of the
most diabolical acts. The Supreme Court awarded a death sentence to the five
men who assaulted her, and the juvenile convict received a sentence of 3 years
in a correctional facility. This case was titled as 'rarest of the rare.' After
this case, the Indian legal system, especially criminal law, underwent
extensive change with the passing of the Criminal Law Amendment 2013. This
included widening the definition of rape and the addition of several other
provisions under section 376 of IPC. This case also brought significant changes
to society. It brought the issue of sexual violence to a national level, which
resulted in quicker court proceedings as well. The case demonstrated the
commitment to the protection of women and the administration of justice.
The Dr. Moumita rape case
in Kolkata has brought in many concerns about women’s safety in India. This
case has attracted the attention of many people from different parts of the
country and demanded a better justice system and laws that truly protect women.
It is a reminder that, there is still a long way to go to make sure women are
safe and get the justice they deserve.
This case makes us think
of other major rulings like Mukesh &Anr v. State of Delhi (NCT) (2012)[28]
and Vishaka v. State of Rajasthan (1997)[29].
The Nirbhaya case led to tougher laws and harsher punishments for rape, while
the Vishaka case brought important rules to deal with harassment at work.
The way that the country
and the judiciary have dealt with crimes against women has changed over time.
It's now at a point where addressing problems more broadly is preferred to
focussing on specific instances. People now recognise that violence against
women is a social issue that impacts the entire nation and needs extensive
legislative protections. As a result of this change, more sophisticated laws
for defending women's rights have emerged.
Chapter III - Evolving Sentencing Principles in Offences
against Women: Challenges of Judicial Discretion and Precedent
Sentencing continues to be
the most significant part of the criminal justice system. Judges must use their
discretion within the legislative framework, considering the seriousness of the
offense, societal conditions, and other relevant criteria. Incorrect use of
discretion and the given authority can result in injustice. The doctrine of
stare decisis puts precedents into place to be considered for providing
verdicts or sentencing, as similar cases must be dealt with similarly.
Dealing with rape as an
offense against women, Ravindra v. State of Madhya Pradesh[30], In
1994, the appellant raped the defendant, and the trial court sentenced the
accused to 10 years of rigorous imprisonment with a fine. After 20 years of
trial pendency, the case reached the Supreme Court, during which time both the
appellant and rape survivor had married (not to each other). The parties had
compromised, with the survivor stating that she wanted to close the case. The
Supreme Court examined whether this case was qualified for a lesser sentence
under the proviso to Section 376 of the
IPC[31]
(Now BNS), citing "adequate and special reasons."
The court upheld the conviction but reduced
the sentence to the period already served, relying on the Baldev Singh v. State of Punjab[32]
case as precedent, as per the doctrine of stare decisis as discussed above, but
in the case of Shimbu v. State of Haryana[33],
the Supreme Court Bench held that the Baldev case could not be held as a
precedent. The Shimbhu case emphasized the fact that rape is a non-compoundable
offense and that compromises between the victim and the accused should not and
shall not be the grounds for reducing sentences.
The Ravindra judgment,
Firstly, overlooks the non-compoundable nature of rape offenses and the
potential for victims to be pressured into compromises which are, again,
another offense altogether. Secondly, it ignores previous Supreme Court
decisions, such as Kamal Kishore v. State of Himachal Pradesh[34],
which held that long pendency of trials and the parties moving on with their
lives cannot be and are not special reasons for reduced sentences. These are
just mere tactics used by defense lawyers to reduce the sentencing.
As per stare decisis, the
precedent must be taken, and hence, the case of Shimbu must have been referred
to as it was overruled by a larger bench than the Ravindra case. Sentencing
becomes crucial in setting standards for reducing offenses and giving the
relief or justice the victim deserves. The
Criminal Law (Amendment) Act of 2013 has since removed the proviso that allowed reduced sentences
and increased the minimum punishment for rape, showing the legislature's intent
to treat rape as a serious offense requiring severe punishment[35].
The Supreme Court of India
has repeatedly emphasized the importance of considering various factors when
sentencing offenders, including the seriousness of the crime, its impact on the
victim and society, and the need for deterrence. In cases of violence against
women, courts are expected to weigh these factors carefully to ensure that the
sentence not only punishes the offender but also sends a strong message about
the unacceptability of such behavior. "In our Judicial system, we have not
been able to develop legal principles regarding sentencing."[36]
Hence, there is a crucial need to build legal principles regarding the
sentencing patterns and the judges' discretion and authority.
Chapter IV - Judicial Approaches to Crimes Against Women in
India: Challenges and Reforms"
The way the judicial
system responds to crimes against women is crucial for ensuring justice and
promoting gender equality for everyone. This includes looking at how courts
handle these cases, the steps taken to protect victims, and the difficulties in
collecting evidence. By examining conviction rates and past legal decisions, we
can see how effective the laws are. This analysis also shows the need for a
more victim-focused and sensitive approach to address existing issues and
improve access to justice.
In India, there are laws
related to offences against women and these include rape, sexual harassment,
domestic violence under Indian Penal Code
and Protection of Women from Domestic
Violence Act, 2005 and Sexual
Harassment of Women at Workplace Act, 2013. In order to cater the
sensitivities of the proceedings and do justice during a trial, different
courts have established certain guidelines. In Sakshi v. Union of India[37]
a case heard in the Supreme Court appreciated the necessity of in-camera trials
while determining whether the accused had raped the complainant as per the provisions of section 327(2) emphasising
the need to preserve the complainant’s self-preservation. The Court appreciated
the fact that victims should not go through open trial as it causes further
trauma and therefore in-camera trials were used to prevent them from
overwhelming.
Also, the judiciary has
recognized that some of the constitutionality rules should be more liberal,
including the use of video conferencing in the taking of evidence. This was
also emphasised in the case of State of Maharashtra v Dr. Praful B. Desai,[38],
wherein the Supreme court held that video conferencing is one of the ways of
taking evidence which is acceptable without the need to put the complainant in
an apposition where she will face the defendant which is likely to have adverse
emotional effects to her.
The Indian courts have
stressed on the need to provide protection from harassment and secondary
victimisation to the victims and witnesses. In State of Punjab v. Gurmit Singh[39],
the Apex Court highlighted the interest of the victims in sexual offences and
the need for in-camera hearings to prevent the victim from undergoing
embarrassment due to the crowd. The court disapproved of the common practice
which takes an upper hand and often results in blaming the victim instead of
upholding the essence of trials where the atmosphere must be supportive.
Section 228A of the IPC[40]
(now BNS) is one of the provisions that makes it a crime to publish the name or
identity of the victim of rape which preserves their privacy and dignity. The
Court further recommended the engagement of a public prosecutor who would
solely deal with such classes of cases.
Thus, it was more likely
that victims obtained the necessary assistance. There are no chances of added
distress to the victims because this understanding takes in to account the
victim’s anguish while dealing with the legal procedures.
The evidence being
collected and presented is a huge issue in the prosecution of crimes against
women in India the reason for the same is that victims are exposed to social
stigma and hence they are unwilling. This makes it very difficult to build a
strong case. In Tukaram v. State of Maharashtra,[41],
also known as the Mathura Rape Case, The Supreme Court acquitted the accused
due to the lack of physical injuries This shows a flawed understanding of
"consent" and "resistance." This judgment caused public
outrage and highlighted the serious injustice in how rape cases are handled.
This indignation resulted in significant changes in law reform, most notably the Criminal Law (Amendment) Act, 2013.
This amended section 375 of IPC and
increased the scope of rape by adding section
114A of the Indian Evidence Act 1872[42]
which makes it compulsory for the prosecuted to prove the absence of consent
when sexual intercourse has been proved.
Even after all the reforms
made to reduce the crimes committed against women the conviction rate of cases
concerning the same are still very low as according to the National Crime Records Bureau (NCRB), only 27.2% of rape cases
ended in conviction in 2020 which means the accused in more than 70% of the
time walks away scot free. Reasons for acquittals include lack of strong
evidence, witnesses changing their statements, and delays in the legal process.
In State
of Karnataka v. Manjanna,[43].
The Supreme Court has recognized the importance of quick medical examinations
in sexual offence cases, instructing hospitals to conduct these exams even
before an FIR is filed. However societal pressure and long trial durations
often cause victims to withdraw or change their statements, which is a huge
problem when considering the gravity of the case. In the landmark case of Krishan Lal v. State of Haryana[44],
The Supreme Court of India stressed that delays in reporting should not
automatically undermine the credibility of the victim, recognising that fear
and social stigma almost often prevent victims from filing complaints promptly.
Chapter V - Judicial Activism and Reforms in Addressing
Offences Against Women in India
In a country like India,
where the poor execution of legislation has failed in the field of offences
against women, the Indian Judiciary plays a key and vital role in addressing
these offences through multiple initiatives and reforms[45].
Courts have started programs for victim support and rehabilitation in many
jurisdictions. In many of
these occasions, the judiciary has provided blueprints and options of bringing
in legal or policy alterations in the legislature. The courts have been found
to be very creative in the approaches they take to solve these offences for
instance, delivering training sessions in gender sensitivity.[46].
Victim support and rehabilitation are some of the
instances that have emanated from court-led programs in the recent past.
Throughout a number of judgements, the courts in India have encouraged the
rehabilitation of the victims of offences against women. In Delhi
Domestic Working Women's Forum & Ors Vs Union of India &Anr[47],
it decided and acknowledged the necessity of the rehabilitation of rape victims
along with direct compensation and legal support for their legal actions. As a
result of this judgement, the Victim Compensation Scheme was developed under Section 357A of the Criminal Procedure Code[48].
This scheme consists of provisions such that rape survivors can get Financial
Assistance and Legal aid, among others. Similarly, in Nipun Saxena v. Union of India[49],
the hon’ble court has directed to open shelters and homes for survivors of
rape.
Further, the judiciary has also stressed the sensitisation
of the judicial officers and judges to issues affecting the female gender. Sakshi
v. Union of India[50]
also reveals that the Supreme Court of India ordered that the matters relating
to sexual assault cases must be dealt with sensitively in order not to
humiliate the victim. Besides, the N.J.A.
(National Judicial Academy) and state academies have included gender
sensitisation training that handles prejudices and stereotyping associated with
crimes against women. All these continuous efforts by the Judiciary show their
continued commitment to rehabilitating and protecting victims.
The judiciary has had an active and a very relevant role
in recommending legal and legislative reforms where the lack of legal protection
of women’s rights has been identified. The case of Vishaka v. State of Rajasthan[51]
is perhaps the most outstanding example to illustrate judicial activism in
India. In this historic ruling, the court outlined measures to ensure that
women were not harassed sexually in workplaces. The guideline that was being
set by the court in this very case later turned out to be the benchmark for the
Sexual Harassment of Women at Workplace
(Prevention Prohibition and Redressal) Act, 2013[52].
Moreover, in the Independent Thought v. Union of India[53]
case, the judiciary was also very active and involved. For the purpose of this
particular case, the court decided that the exception provided to marital rape
under Section 375 of the Indian Penal Code is unconstitutional. This exception
gave the right to have sexual intercourse with a minor girl, and the striking
of this by the court signaled more protection of a minor girl from being
exploited sexually in marriage.
Indian courts have adopted creative ways of dealing with
vulnerable victims, especially women. In State of Punjab v. Gurmit Singh[54],
the Supreme Court stressed the rule of Section
327(2) of the Criminal Procedure Code[55]
relating to in-camera trial for sexual offence for the purpose of preserving
the dignity of the victims. Specialised courts called fast-track courts were
also set up to try sexual violence cases more quickly – the need for quicker
trials was made evident after the 2012 Nirbhaya case[56].
On the same note, the judiciary has also been involved in compensation
mechanisms. In the case of Laxmi v Union of India[57],
S.C. passed directions for the regulation of the sale of acids and financial
assistance to the victims of acid attacks, underlining that they also require
financial help to rehabilitate. This laid the foundation for other
comprehensive victim compensation policies in India.
RESEARCHOUTPUT
In conclusion, the Indian legal and judicial systems have
marked significant strides in tackling crimes against women through judicial
decisions, legislative changes and even overhauling of the sentencing regimes.
Majoritarian judgement in the Vishaka or Nirbhaya case has resulted in
increased consequences, protection mechanisms, and compliance standards for
women, including in-camera trials and fast-track courts. However, several
barriers can still be noted, such as low case conviction rates, social pressure,
as well as the existence of lengthy legal processes. Even with recent efforts
like Criminal Law Amendment Acts of 2013 and 2018, there are still loopholes in
the process of sentencing and cases of misuse of discretion by the judiciary.
Also, cultural and social taboos acting as barriers to the reporting of the
incidents make it even more challenging to arrest and prosecute these
offenders. This also aims to ensure that sentences not only punish offenders
but also convey a strong societal message against violence towards women.
Through court decisions, judicial activism has helped in advocating for changes
to laws, availing rehabilitation for victims, and the adoption of gender
sensitive training for judges and bench. Nonetheless, constant efforts are required
to enhance the issues of the related system, facilitate the rights of justice,
and combat violence against vulnerable women. To sustain this progress, there
is a need for continuous reform, the sharpening of legal measures and a revival
of the legal process which is more victim-oriented, and appropriate enforcement
of laws to guarantee safety and justice for all women in India.
[1]Madhusree, S. (2007). "Historical
Perspectives on Women’s Rights in India." Historical Journal of India, 11(2), 55-72.
[2] Ghosh, S. (2010). "Constitutional
Provisions for Gender Equality in India." Indian Constitutional Review, 12(2), 35-50.
[3] Sharma, R., Landmark Decisions and Their Impact on Sexual Assault Cases in India
(2014).
[4] Kumar, R., The Evolution of Legal Protections for Women in India: A Critical
Analysis (2018)
[5] Patel, S., Judicial Attitudes and Gender Bias: An Empirical Study of Court
Decisions in India (2020)
[6] Indian Penal Code, § 375 (1860).
[7] Indian Penal Code, § 363 (1860).
[8] Indian Penal Code, § 373 (1860).
[9] Indian Penal Code, § 302 (1860).
[10] Indian Penal Code, § 304B (1860).
[11] Indian Penal Code, § 509 (1860).
[12]Indian Penal Code, § 366B (1860).
[13] Commission of Sati (Prevention) Act, 1987,
No. 3 of 1988, India Code (1988).
[14] Dowry (Prohibition) Act, 1961, No. 28 of
1961, India Code (1961).
[15] Immoral Traffic (Prevention) Act, 1956,
No. 104 of 1956, India Code (1956).
[16] Indecent Representation of Women
(Prohibition) Act, 1986, No. 60 of 1986, India Code (1986).
[17] Criminal Law (Amendment) Act, 2013, No.
13, Acts of Parliament, 2013 (India).
[18] Criminal Law (Amendment) Act, 2018, No.
22, Acts of Parliament, 2018 (India).
[19]Bharatiya Nyaya Sanhita, No. 45, Acts of
Parliament, 2023 (India).
[20]Bharatiya Nagarik Suraksha Sanhita, No. 46,
Acts of Parliament, 2023 (India).
[21]BharatiyaSakshaAdhiniyam, No. 47, Acts of
Parliament, 2023 (India).
[22] Delhi Domestic Working Women’s Forum v.
Union of India, 1995 SCC (1) 14 (India).
[23] Budhadev Karmaskar v. State of West
Bengal, 2011 SCC (2) 277 (India).
[24] Laxmi v. Union of India, 2014 SCC (4) 427
(India).
[27]Mukesh v. State of Delhi, (2017) 6 SCC 1.
[28]Mukesh &Anr v. State for NCT of Delhi
& Ors., (2017) 6 SCC 1 (India).
[30] Ravindra v. State of Madhya Pradesh, AIR
2015 SC 1369.
[31]Indian Penal Code, 1860, § 376, No. 45,
Acts of Parliament, 1860.
[32]Baldev Singh v. State of Punjab, AIR 1991
SC 31.
[33]Shimbu v. State of Haryana, AIR 2014 SC
739.
[35]Rithika Singhal, Law Mantra, Vol 2, Issue 7, 1-5, https://journal.lawmantra.co.in/wp-content/uploads/2015/05/111.pdf
[36] State of Punjab v. Prem Sagar and others
(2008) 7 SCC 550
[37]Sakshi v. Union of India, (2004) 5 SCC 518
[38]State of Maharashtra v. Dr. Praful B.
Desai, (2003) 4 SCC 601
[39]State of Punjab v. Gurmit Singh (1996) 2 SCC
384
[40]Indian Penal Code § 228A (1860)
[41]Tukaram v. State of Maharashtra, (1979) 2
SCC 143
[42]Indian Evidence Act § 114A (1872)
[43]State of Karnataka v. Manjanna, (2000) 6
SCC 188
[44]Krishan Lal v. State of Haryana (1980) 3
SCC 159
[45]Flavia Agnes, Law and Gender Inequality:
The Politics of Women’s Rights in India, Oxford University Press, 1999.
[46]Indira Jaising, Law of Domestic Violence,
Universal Law Publishing, 2007.
[47]Delhi Domestic Working Women's Forum &
Ors Vs Union of India &Anr, (1995) 1 SCC 14.
[48]Code of Criminal Procedure, 1973, § 357A,
No. 2, Acts of Parliament, 1973.
[49]Nipun Saxena v. Union of India, (2019) 2
SCC 703.
[50]Sakshi v. Union of India, (2004) 5 SCC 518.
[51]Vishaka v. State of Rajasthan, (1997) 6 SCC
241.
[52]Sexual Harassment of Women at Workplace
(Prevention, Prohibition, and Redressal) Act, No. 14 of 2013, India (2013)
[53]Independent Thought v. Union of India,
(2017) 10 SCC 800.
[54]State of Punjab v. Gurmit Singh, (1996) 2
SCC 384.
[55]Code of Criminal Procedure. § 327(2)
(1973).
[56]Mukesh vs State of NCT Delhi, (2017) 6 SCC
1.
[57] Laxmi v Union of India, (2014) 4 SCC 427.