Open Access Research Article
WOMEN’S ACCESS TO JUSTICE: UNDERSTANDING THE BARRIERS FROM THE PERSPECTIVE OF DOMESTIC VIOLENCE VICTIMS
Published Paper
Article Details
WOMEN’S
ACCESS TO JUSTICE: UNDERSTANDING THE BARRIERS FROM THE PERSPECTIVE OF DOMESTIC
VIOLENCE VICTIMS
AUTHORED BY
- NEHA KUMARI[1]
ABSTRACT
This abstract provides a legal
perspective on the barriers confronting women in their pursuit of justice, with
a specific focus on victims of domestic violence. Despite the existence of
legal frameworks and support mechanisms, significant impediments persist in
women's ability to effectively access justice. This study analyses the
intricate array of barriers, encompassing financial constraints, fear of
reprisal, limited legal literacy, societal marginalization, and inadequate
support infrastructures. This research aims to illuminate the complex interplay
of factors that hinder women's access to justice. Understanding these barriers
is crucial for developing targeted interventions and policy reforms to create a
more equitable and accessible legal system for all women.
Keywords- Access to Justice, Domestic violence,
Legal frameworks etc.
INTRODUCTION
Access to justice is a fundamental
human right. Laws and the legal procedures are the tools through which access
to justice can be achieved. The principle of Access to Justice entails first a
robust judicial structure of rights enumerated and protected by specific laws
and second a practical and open judicial/remedial scheme that is readily
accessible to litigants.[2]
Access to justice for women entails the affordable and easily accessible legal
forum/mechanisms to seek justice. Crime against women is increasing day by day.
The low reporting of the crimes against women, low rate of convictions, failed
prosecutions and high rate of acquittals have encouraged the perpetrators to
commit more crimes against women. There are plenty of special laws like The
Dowry Prohibition Act, 1961, The Protection of Women from Domestic Violence
Act, 2005, etc., constitutional mandates like article 14, 15, 16, 23, 39, 42
etc.; and international laws like Universal declaration of Human Rights,
International Covenant on Civil and Political Rights, 1966, Convention on The
Elimination of All Forms of Discrimination Against Women 1979 etc., for the
protection of women against discrimination and violence. But it has been said
that the patriarchal attitudes and values held by the three organs of the
Indian State – namely, judiciary, executive and the legislature, prevented them
from implementing the constitutional mandate of equality in its true spirit.[3]
Thus, women require special procedures and protection especially dealing with
the criminal justice system. As the United Nations Special Rapporteur on
Violence against Women has noted about the situation in India, Constitutional
and legislative provisions that have been enacted to protect women from
discrimination have not proved to be an effective deterrent.”[4]
Now a days domestic violence has become a major problem for the women who are
facing violence outside the homes as well as inside the homes also. The
perpetrators of domestic violence are generally known person, either their
relatives or inmate partners which makes the life of domestic violence victims
more vulnerable and pathetic. Despite of facing violence inside the homes,
these women remain silent about it due to social stigma and the patriarchal
mindset of the society where she believes that she will be blamed only for all
the mistreatment done to them. This paper tries to understand the experiences
of domestic violence victims and to find out the various barriers faced by the
women when they approach to the criminal justice system. This paper also
focuses on the legal provisions given under the various statutes as well as the
roadblocks that still stand in the way of achieving justice.
LITERATURE
REVIEW
Gonsalves Lina, in her book titled, ‘Women
and Law’ discusses the gender-based discrimination and oppression faced
by the women in the Indian Criminal Justice System. She describes in her book
that how the laws are made from the viewpoint of male perspective and how the
legal agents like the police, public prosecutors, and the judges, who are the
product of patriarchal society, are by and large biased against women.
Shalu Nigam, in her article titled, ‘Understanding
Justice Delivery System from the Perspective of Women Litigants as Victims of
Domestic Violence in India’[5]
analysed the justice delivery mechanism from the perspectives of women
litigants specifically within the context of Section 498-A Indian Penal Code.
She empirically examined and explored the process of women's resistance to the
male dominion within the sphere of family and law. Thus, her paper mainly
focuses on such inconsistencies in the justice delivery systems, particularly
in the context of domestic violence law. It looks at the issues with how the
law is now written as well as the roadblocks that still stand in the way of
achieving justice.[6]
R. Kaur and S. Garg, in his article
titled ‘Addressing domestic violence against women: An Unfinished Agenda’[7]
explained that women are negatively impacted by domestic violence in a variety
of ways, which worsens their health and general well-being. Domestic violence
has negative effects not only on women but also affects children and when they
are exposed to domestic abuse, they run the danger of suffering negative health
effects. Intimate partner violence causes havoc in families and has an impact
on everyone's physical, emotional, and financial well-being. Domestic violence
has an adverse impact on not just the families involved, but also the community
and country.
CONCEPT OF
ACCESS TO JUSTICE
It is not easy to define Access to
Justice in a definite word but it can be understood in the simple words, as an
affordable, fair, satisfactory, and speedy solutions of any disputes by the
courts or any other justice dispensing institutions who has power to decide the
disputes. The term “access to justice” was originally defined as “the system
by which people may vindicate their rights and/or resolve their disputes under
the general auspices of the state.”[8]
Access to justice is not limited to access to official courts, but rather
includes a variety of legal institutions such as quasi-judicial institutions,
administrative bodies, arbitration, and even tribal courts that apply local
customary laws.[9] The term
“access to justice” generally refers to the ability of an individual to bring
his case before a court and have a judicial process.[10]
It also means that the individual has a right to have his case adjudicated in a
fair and just way.[11]
Following are the four facets that constitute the essence of access to justice:
1.
The
state must provide an effective adjudicatory mechanism.
2.
The
mechanism so provided must be accessible in term of distance.
3.
The
process of adjudication must be speedy.
4.
The
litigants, access to the adjudicatory process must be affordable.
Thus, access to justice means to
convert available right into right in action meaning thereby it is not enough
that laws are made and rights and remedies are written in the statues but it
must be made effectively enforceable through effective actions taken by the
various authorities and policy makers.
INTERNATIONAL
INSTRUMENTS TO PROTECT THE RIGHTS OF WOMEN
Article 2(1) of the International
Covenant on Economic, Social and Cultural Rights[12],
provides that “Each State Party to the present Covenant undertakes to take
steps, individually and through international assistance and cooperation,
especially economic and technical to the maximum of its available resources
with a view to achieving progressively the full realization in the present
Covenant by all appropriate means including particularly the adoption of
legislative measures.”[13]
Article 2 para 3 of the International Covenant on Civil and Political Rights
(ICCPR) tell us that it should be the duty of member states to ensure the
enforcement of the rights of an individual by the competent authority by
providing effective remedy in the cases of violation of the rights of any
individuals. Again, Article 14 of the International Covenant on Civil and
Political Rights[14],
provides that “All persons shall be equal before the courts and tribunals. In
the determination of any criminal charge against him, or of his rights and
obligations in a suit at law, everyone shall be entitled to a fair and public
hearing by a competent, independent, and impartial tribunal established by
law.” Access to justice is a fundamental human right guaranteed by several
international and national treaties. One of the most essential obligations imposed
on state parties is to not discriminate against women and to uphold the ideal
of equality. The United Nations Committee on the Elimination of
Discrimination Against Women has identified six aspects of access to
justice that should be considered when dealing with violence against women.[15]
They are justiciability, availability, accessibility, accountability, good
quality and remedies for the victims.[16]
The United Nations' Universal Declaration of Human Rights, adopted in
1948, is the most essential international accord for combatting violence
against women, as it declares equal rights for men and women, including the
right to personal protection. Article 1 of United Nations Declaration (UN,
1993) defines violence against women as, violence against women includes any
act of gender-based violence that results in, or is likely to result in,
physical, sexual or psychological harm or suffering to women, including threats
of such acts, coercion, or arbitrary deprivation of liberty, whether occurring
in public or in private life.[17] The
United Nations Convention on the Elimination of All forms of Discrimination
Against Women (CEDAW) was held in 1979 and it includes violence against
women in its ambit. The United Nations Committee on Convention on Elimination
of All Forms of Discrimination Against Women in its General Recommendation No.
XII (1989) has recommended that state parties should act to protect women
against violence of any kind including violence inside the family. Increasing
cases of domestic violence against women made the state government to make
special laws for the protection of women. India has ratified the CEDAW in 1993
and in conformity of this India has enacted Protection of Women from
Domestic Violence Act in 2005.
CONSTITUTIONAL
PROVISIONS
The Indian Constitution not only
ensures equality of women but also allows state to make provisions specially
for the protection of women and take measures regarding prohibition of
discrimination against women. The constitution of India has mandated several
provisions under the headings of Preamble, Fundamental Rights, Fundamental
Duties and Directive Principles of State Policies regarding the protection of
the rights of women. India has also ratified several International Instruments
for the protection of women from violence and discrimination committed against
women. Article 14[18]
of the Constitution provides for the equality before law and equal protection
of law. Article 15(1)[19]provides
for the non-discrimination principle prohibiting discrimination based on
religion, race, caste, sex, place of birth or any of them. Article 15(3)[20]
provides that state shall made any special provision in favour of women and
children. Article 16[21]
provides for the equality of opportunity in appointment or employment to any
office under the state. Article 21[22]
provides for the protection of life and personal liberty.
Article 39(a)[23]
provides for the adequate means of livelihood to the men and women equally.
Article 39(d)[24]
provides for equal pay for equal work. Article 39A[25]
provides for equal justice and free legal aid. Article 42[26]
provides for the just and human conditions of work and maternity relief.
Article 46[27]
provides for the promotion of educational and economic interests of scheduled
castes, scheduled tribes, and other weaker sections of the society. Article 47[28]provides
for the level of nutrition and standard of living of citizens. Article 51A(e)[29]
provides for the renunciation of derogatory practices against women.
ROLE OF
JUDICIARY PROVIDING ACCESS TO
JUSTICE TO
WOMEN
Air India v. Nergesh Meerza[30] Indian Airlines has implemented a
legislation mentioning the condition that air hostesses are not permitted to
marry during their first four years of employment, that if they become
pregnant, they will be fired, and that they will leave at the age of 35 unless
the managing director extends their contract at his discretion. The court held
that this legislation is violative of Article 14 of the constitution.
In this case Supreme Court held that
S. 125 of the CRPC, 1973 will apply to all spouses, regardless of religion, and
the husband will be compelled to assist his divorced wife. Court said husband
is liable to maintain his wife even after the completion of Iddat period.
Supreme court held that sexual
harassment at workplace is the violation of article 14,19 and article 21 of the
constitution and it is against the principle of gender equality. Supreme court
recommended to bring domestic law on the sexual harassment at workplace. In
conformity of this judgment the parliament has enacted The Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Sarla Mudgal v. Union of India[33], Supreme Court held that a Hindu
husband converting to Islam and marrying again will be guilty of bigamy.
Joseph Shine v. Union of India[34], Supreme Court in this case struck
down the 158 years old law on adultery. It held that section 497 of the Indian
Penal Code is the Violative of Article 14, 15 and 21 of the Constitution. It
also stated that women are not the property of husband whose consent will
exonerate the crime of adultery. Women has right to privacy and her sexual
autonomy.
Vineeta Sharma v. Rakesh Sharma[35], Supreme Court held that daughter is
coparcener by birth. It is immaterial whether her father was alive or not.
Further court has upheld and re-established the retrospective application of
2005’s amendment of section 6 of Hindu Succession Act. The list of cases
upholding the rights of women are enumerable and exhaustive. Time to time
Indian courts have tried to protect the personal life and dignity of women and
to prevent crimes against the women.
CURRENT
SCENARIO OF DOMESTIC VIOLENCE
“How vast is the number of men, in
any great country, who are a little higher than brutes... This never prevents
them from being able, through the laws of marriage, to obtain a victim... The
vilest malefactor has some wretched woman tied to him against whom he can
commit any atrocity except killing her and even that he can do without too much
danger of legal penalty.” -John Stuart Mill, The Subjection of
Wornen (1869)
Violence against women is on the
rise. The number of offences against women increased from 56.5% in 2020 to
64.5% in 2021, according to the NCRB study.[36]
The majority of these cases (31.8%) include cruelty done by a husband or a
member of his family, followed by rape, kidnapping and abduction, and attack on
women with the goal of insulting their modesty. Violence against women is very
common in all the societies of world. It is universal and becomes a serious
concern in all the societies. Violence against women includes physical assault,
sexual violence, domestic violence etc. Domestic violence is more common among
the victims. Domestic violence is also known as domestic abuse or spousal
violence or intimate partner violence (IPV). Domestic violence includes
physical abuse, verbal abuse, emotional abuse, sexual abuse, demand for dowry
or any other abuse which cause harms to the women. Physical abuse means doing
any physical act like slapping, kicking, pushing, beating etc.; verbal abuse
means yelling at women, using inappropriate words which demean the dignity of
women etc.; emotional abuse means taunting her, saying bad words about her
parents etc.; sexual abuse means forcing women to have sex with them without
her consent; demand for dowry also cause mental agony and cruelty to the women.
Domestic violence against women is the most common of these crimes in India.
Domestic abuse was reported by 29% of Indian women (aged 18 to 49) in the
National Family Health Survey-5 report. Similarly, 44.4% of women in Karnataka
reported domestic violence, 40% in Bihar, 39.6% in Manipur, 38% in Tamil Nadu,
and 36.9% in Telangana.[37]Yet,
according to NFHS-5 data, 70% of women who experienced physical assault in the
main states chose not to tell anybody. Few persons, even among those who asked
help, were unable to contact the proper authorities.[38]
This chart shows that the domestic
violence against women have increased continuously and it is one of the most
significant issues in India. Violence against women not only violates their
human rights but also violates their fundamental rights guaranteed under the
Constitution of India. Therefore, we can understand at this point that the it
is the need of hour to give proper attention to the issue of domestic violence
against women and to deal with the cases of domestic violence more diligently.
BARRIERS IN
ACCESS TO JUSTICE
Let us try to understand what happens
when a woman suffers domestic violence. Our Parliament has enacted Protection
of Women from Domestic Violence Act, 2005 with an aim to provide protection to
the women with lots of provisions which basically put in the Act for the
betterment of the victims of domestic violence and the prevention of occurrence
of domestic violence. But as the NFHS report shows that though many women
suffer domestic violence in their domestic households, still 70% of the women
remain silent of domestic violence and did not take legal assistance from the
legal system. This situation poses a serious question for a legal discourse as
to analyse why women are not reporting the cases of domestic violence to the
police. We need to understand their psychology behind keeping their mouth shut
and not reporting the domestic violence. We need to find out the various
challenges which women face while approaching the judicial system. Following
are some barriers which a woman face while accessing justice in a criminal
justice system: -
·
Non-registration of FIR or Complaint: The first and foremost barrier in the access to
justice is the reporting of the FIR or Complaint. Many of the women do not want
to go to police station because they believe that women belonging to good
family never go the police station. So due to societal norms and values women
restrain herself from approaching to the police. Secondly, even if they anyhow
manage to approach to the police station police officers are not taking their
cases seriously, without acting diligently they sometimes refuse to register
their complaints saying that domestic violence is a private issue you must
solve it in your homes. This reluctant behaviour of police officers discouraged
the victims of domestic violence from approaching to the police station. Here
we need to understand that if a victim will not approach to the police station
and not file complaint to the police then how could she avail access to
justice. Without the filing and registration of complaints all the other rights
provided under the criminal justice system will be futile. Thus, it is very
necessary to provide gender sensitisation trainings to the police officers so
that they become more sensitive towards the crimes related to women and act
diligently on the cases of violence against women.
·
Lack of awareness among women: It is one of the major roadblocks in the path of access to
justice. In many of the cases women are not aware of their rights and the
corresponding remedies for their violation. Due to lack of information about
the laws and their rights, they do not know how to avail those rights and
remedies. In many of the domestic violence cases especially in the rural areas
where women are not much educated does not know about the domestic violence and
the Domestic Violence Act. They do not know what exactly constitutes domestic
violence. They are habitual of beating, kicking, verbal abuse in their
day-today life but they do not know that these things which are happening to
them in their domestic household in their day-today life is a crime and it is
the violation of their human rights and fundamental rights to have dignified
life. Ignorance of law results into the low reporting of the cases which
ultimately favours the perpetrators. Thus, we need to understand at this
juncture that only making laws on the paper is not enough. For making the
actual implementation of these laws the spreading the information about the
Domestic Violence Act is equally important. It should be the duty of the state
that it must create awareness about the 18 domestic violence door to door
through the help of various agencies like NGOs, self-help groups, legal clinic,
village camps etc. dissemination of information related to the rights of women
will inform the women about their rights and available remedies and empower
them to avail the benefits of criminal justice system. More women will know
about the Act, more women will they to seek the assistance of police and
courts.
·
Social and cultural barriers: The societal norms and cultures which are prevalent in the
society also restrain the women from seeking justice. Many a times a woman do
not go to police station because of their family dignity and honour. If they
approach to the police violence will come into the knowledge of people and
people will out castes them. Thus, in fear of being outcastes from the society
women do not report to the police. Secondly, the socialization of women in
family also become a barrier in their access to justice. Generally, a woman
since her childhood are taught to be dutiful and obedient. It is put in the
mind of women that their in-laws’ homes are their real homes and her husband is
the whole world. Thus, when the domestic violence starts in the homes, she
bears all those violence just to keep their marriage alive and to protect their
family honour. Generally, women become the continuous victims of domestic
violence as she believes that one day her husband will change and stop abusing
her. This faith on her husband makes them more vulnerable. As the domestic
violence being the private affairs between the partners, women feel ashamed of
explaining and reporting this to police.
·
Financial barrier: The financial dependency of women on their husband makes them to bear
more violence. She never dares to leave her husband and complaint against him
because she is economically dependent on him. If she leaves her husband then
how will she survive, where will she go, how would she manage her livelihood
all these issues make them to rethink before reporting to the police. The high
fees of court process, travelling expenses to the court acts as a barrier in
the path of access to justice. Some other factors which act as barriers in the
access to justice are fear of further abuse by husband and in-laws, fear of
breakdown of marital relationship, she will be blamed only, long delays in the
court proceedings, they do not have faith on the judiciary, she believes that
she will be blamed only etc. Another factor is societal conditioning; women
raised in traditional, conservative households are discouraged from working.
They are often trained to be dutiful daughters, sisters, and, eventually,
wives, depriving women of agency.[41]
There are numerous causes for domestic abuse underreporting, and the number of
women who choose to remain in abusive marriages is not surprising. The more one
experiences violence in a relationship, the more it gets psychologically
normalised and accepted Conservative societal norms, victim blaming, shame, and
fear of criticism are all factors that make a woman hesitate before speaking
up. Women are also afraid of approaching the police because they believe that
if their partners are imprisoned, they would be subjected to additional abuse
once released, and that they will be tormented by their in-laws or others in
the meanwhile.[42] It is
especially difficult for financially dependent married women with children to
escape their abusive husbands. These include a lack of a robust support
structure, fear of societal judgement, and an inability to provide for the
child. As a result, many women remain in physically and emotionally abusive
marriages for the sake of their children.
CONCLUSION
AND SUGGESTIONS
•
The
objective of access to justice should be to make individual’s rights more
fruitful and real. All the rights can only be achieved when the access to
justice have been provided to the individuals. The Substantive Justice can
achieve through the development of legal literacy and legal awareness about the
rights and remedies available to the women in order to make them utilize their
right to access to justice more effectively in the Criminal Justice System.
•
To
provide gender sensitisation trainings to the police officers, advocates and
judges so that they become more sensitive towards the crimes related to women
and act diligently on the cases of violence against women.
•
To
create legal awareness among women about their rights and available remedies.
•
To
make women more economically independent.
•
Government
should provide adequate facilities to the victims of domestic violence.
•
It
is not enough that laws are made and rights and remedies are written in the
statues but it must be made effectively enforceable through effective actions
taken by the various authorities and policy makers.
[1] Ph.D. Scholar at Faculty of Law,
University of Delhi.
[2] Kaifulla Ibrahim, F.M., J., Rule
of Law & Access to Justice, 2014, Tamil Nadu State Judicial Academy.
[3] Sarkar Lotika (1995) Women’s
Movement and the Legal Process Occasional Paper No. 24 CWDS, New Delhi p. 1-2.
[4] Report of the Special Rapporteur
on Violence against Women, its Causes and Consequences, Radhika Coomaraswamy,
Addendum 1: International, regional, and national developments in the area of
violence against women 1994-2003, UN Doc. E/CN.4/2003/75/Add.1, 27 February
2003.
[5] Shalu Nigam, “Understanding
Justice Delivery System from the Perspective of Women Litigants as Victims of
Domestic Violence in India” Centre for Women Development and Studies (2005)
available at: https://www.cwds.ac.in/wp-content/uploads/2016/09/UnderstandingJustice.pdf
(last visited on April, 14, 2023).
[6] Supra note 5.
[7] R. Kaur and S. Garg, “Addressing
domestic violence against women: An unfinished agenda” 33(2) Indian Journal of
Community Medicine 73-78 (2008).
[8] Maria Federica Moscati, The Role
of Transitional Justice and Access to Justice in Conflict Resolution and Democratic
Advancement 9 (2015), available at: https: www.democraticprogress.org/wpcontent/uploads/2015/06/MOSCATI_TRANSITIONALJUSTICE-Proof.pdf
(last visited April 8, 2023).
[9] The Hague Inst. for Innovation of
Law, Trend Report/Part 1: Towards Basic Justice Care for Everyone 5, 8, 17
(2012) [hereinafter Hiil]; The Comm’n on Legal Empowerment of the Poor &
United Nations Dev. Program [UNDP], 2 Making the Law Work for Everyone 25–27,
42–53 (2008) [hereinafter Comm’n on Legal Empowerment]; UNDP, Programming for
Justice: Access for All 60–100 (2005) [hereinafter UNDP 2005].
[10] Francesco Francioni, The Rights of
Access to Justice under Customary International Law, in ACCESS TO JUSTICE AS A
HUMAN RIGHT 1, 8 (Francesco Francioni ed., 2007) (arguing that there is no
customary international norm granting individuals universal standing before
international institutions).
[11] Ibid.
[12] The International Covenant on
Economic Social and Cultural Rights was adopted by the United Nations General
Assembly on 16th December 1966, it entered into force on 3rd January 1976.See
Brownlie, Ian(ed.), Basic Documents on Human Rights, Third Edition, Clarendon
Press, Oxford, 1998, p. 114.
[13] Dias Kadwani Ayesha & Welch
Gita (eds.), Justice for the Poor, Perspectives on Accelerating Access, Oxford
University Press, New Delhi, 2009, p. 24.
[14] Adopted and opened for signature,
ratification and accession by General Assembly resolution 2200A (XXI) of 16
December 1966, available at: http://www.unhchr.ch/html/menu3/b/a_ccpr.htm
(last visited on April 4, 2023).
[15] See General Recommendation No. 33
of the UN Committee on the Elimination of Discrimination Against Women issued
on the 23rd July 2015, CEDAW/C/GC/33. 18 See General Recommendation No. 33 of
the UN Committee on the Elimination of Discrimination Against Women issued on
the 23rd July 2015, CEDAW/C/GC/33.
[16] Ibid.
[17] World Health Organization [WHO].
[18] The State shall not deny to any
person equality before the law or the equal protection of the laws within the
territory of India.
[19] Prohibition of discrimination on
grounds of religion, race, caste, sex or place of birth. — (1) The State shall
not discriminate against any citizen on grounds only of religion, race, caste,
sex, place of birth or any of them.
[20] Nothing in this article shall
prevent the State from making any special provision for women and children.
[21] Equality of opportunity in matters
of public employment.
[22] Article 21. No person shall be
deprived of his life or personal liberty except according to procedure
established by law, nor shall any person be denied equality before the law or
the equal protection of the laws within the territory of India.
[23] Article 39- Certain principles of
policy to be followed by the State—The State shall direct its policy towards
securing— (a) that the citizens, men, and women equally, have the right to an
adequate means of livelihood.
[24] Article 39(d)-The State shall
direct its policy towards securing—(d) that there is equal pay for equal work
for both men and women.
[25] Equal justice and free legal aid.
—The State shall secure that the operation of the legal system promotes
justice, on a basis of equal opportunity, and shall provide free legal aid, by
suitable legislation or schemes or in any other way, to ensure that
opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities.
[26] Provision for just and humane
conditions of work and maternity relief. —The State shall make provision for
securing just and humane conditions of work and for maternity relief.
[27] Article 46 Promotion of educational
and economic interests of Scheduled Castes, Scheduled Tribes and other weaker
sections. —The State shall promote with special care the educational and
economic interests of the weaker sections of the people, and, in particular, of
the Scheduled Castes and the Scheduled Tribes, and shall protect them from
social injustice and all forms of exploitation.
[28] Article47- Duty of the State to
raise the level of nutrition and the standard of living and to improve public
health. —The State shall regard the raising of the level of nutrition and the
standard of living of its people and the improvement of public health as among
its primary duties and, in particular, the State shall endeavour to bring about
prohibition of the consumption except for medicinal purposes of intoxicating
drinks and of drugs which are injurious to health.
[29] Article 51A. Fundamental duties.
—It shall be the duty of every citizen of India—(e) to promote harmony and the
spirit of common brotherhood amongst all the people of India transcending
religious, linguistic and regional or sectional diversities; to renounce
practices derogatory to the dignity of women.
[30] AIR 1981 SC 1829.
[31] AIR 1985 SC 945.
[32] AIR 1997 SC 3011.
[33] AIR 1995 SC 1531.
[34] AIR 2018 SC 4898.
[35] 2020 9 SCC 1.
[36] Available at: https://journalsofindia.com/ncrbs-report-on-crime-against-women/
(last visited on March 27, 2023).
[37] Sakshita Khosla, “List of states
with most & least domestic violence against women released” inshorts, May
8, 2022, available at: https://inshorts.com/en/news/list-of-states-with-most-least-domestic-violence-againstwomen-released-1652004873638
(last visited on April 22, 2023).
[38] Ibid.
[39] NFHS Survey 2019-2021.
[40] Ibid.
[41] Available at: https://www.womensweb.in/2022/05/nfhs-5-domestic-violence-latest-figures-show-not-much-haschanged-may22wk4sr/
(last visited on April 18, 2023).
[42] Supra note 41.
Article Information
WOMEN’S ACCESS TO JUSTICE: UNDERSTANDING THE BARRIERS FROM THE PERSPECTIVE OF DOMESTIC VIOLENCE VICTIMS
Authors: NEHA KUMARI
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/04
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.