● WOMEN’s ACCESS TO JUSTICE IN INDIA:-

PROGRESS, CHALLENGES AND MAJOR MATTERS.

Women access to justice in India is an important issue that reflects
gender inequality, social stigma and extensive social trends of
patriarchal structures.
Despite legal process, the reality for many women in India is that
justice remains elusive due to many systemic obstacles.
However, in the last few decades, there has been significant
progress in legal reforms and awareness about women’s rights has
increased, although challenges persist.

● HISTORICAL CONTEXT AND LEGAL FRAMEWORK:-

India’s criminal framework, especially in recent decades, has
undergone vast transformation to ensure the protection and
advancement of women’s rights. The Indian constitution, adopted
in 1950’s, guaranteed equality earlier that the law underneath
Article 14 and prohibited discrimination on grounds of sex under
Article 15.
Overtime, numerous laws were enacted to defend women from
violence, discrimination, and exploitation, such as the dowry
prohibition act (1961), the prote of women from domestic violence
act (2005), and the sexual harassment of women at workplace
(prevention, protection, and redressal) act (2013).
However, these legal provisions often continue to be beneath
enforced or poorly carried out, leaving many women vulnerable to
systemic violence and discrimination. The gap between the law on
paper and its application in practice remains wide.

● BARRIERS TO WOMEN’s access to justice in India :-

1. Cultural and social norms:- Deeply ingrained patriarchal norms
and traditional gender roles have a powerful influence on the way
women are treated within the justice system. In many rural and
urban areas, societal pressure prevents women from seeking legal
redress, particularly in cases of sexual violence, domestic abuse,
or marital disputes. Social stigma surrounding victims of sexual
assault or marital violence often deters women from filing
 complaints, as they may be blamed for the crimes committed
against them.
2. Insufficient and overburdened judicial system:- India's judicial
system is often criticized for being slow and inefficient. The
backlog of cases is a persistent problem, and it can take years, or
even decades, for a case to be resolved. For women seeking
justice, particularly in cases of sexual violence or domestic abuse,
this prolonged delay in legal proceedings can result in
psychological distress and a sense of powerlessness. Additionally,
many cases involving women are often dismissed or delayed due
to bureaucratic red tape, insufficient resources, or lack of training
for police and legal personnel to deal with gender-sensitive issues.
3. Economic and Educational barriers:- Many women, particularly
those from economically disadvantaged backgrounds, lack the
resources to seek legal aid. Legal costs, the need for
transportation to courts, and a general lack of access to lawyers
are significant barriers. Women in rural areas face even greater
challenges, as they may be unaware of their legal rights or unable
to access legal services. This results in many women opting for
informal or traditional dispute resolution mechanisms, which may
not always be in their best interest.
4. Fear of retaliation and social stigma:- Victims of gender-based
violence in India often fear retaliation from the perpetrators or their
families. In cases of sexual assault or domestic violence, the
perpetrator is frequently a family member or intimate partner,
which adds another layer of complexity to the victim’s decision to
pursue legal action. Moreover, the social stigma attached to being
a victim of such violence can cause further isolation and
discourage women from seeking justice. This fear of retaliation and
societal judgment has led to a culture of silence, particularly in
rural and conservative areas.

NOTEWORTHY CASES IN INDIA:-

Several high-profile cases in India have brought attention to the
challenges women face in seeking justice and the gaps in the legal
system:
1. The Nirbhaya Case (2012): The gang rape and murder of a young
woman in Delhi (the “Nirbhaya” case) remains one of the most
significant instances that highlighted systemic failures in the
protection of women. The national outcry that followed led to
widespread protests and reforms in the laws surrounding sexual
violence. However, the lengthy judicial process and the delay in
the execution of the rapists have led to continued frustration about
the slow pace of justice.
2. The Unnao Rape Case (2017): In 2017, a 17-year-old girl from
Unnao, Uttar Pradesh, was allegedly raped by a prominent
Bharatiya Janata Party (BJP) politician. The case exposed the
nexus between politics, police, and the justice system, as the
victim faced intimidation and a lack of support from law
enforcement. After national outrage and intervention by the
Supreme Court, the case was transferred to Delhi for a fair trial.
This case revealed the difficulties women face in accessing justice
when the perpetrators are powerful individuals.
3. The Kathua Rape Case (2018): In the Kathua case, an
eight-year-old girl from a nomadic Muslim family was gang-raped
and murdered in Jammu and Kashmir. The case brought to light
the growing concern over sexual violence against minors and the
role of communal and political tensions in perpetuating violence
against women. Public outrage and a strong judicial response
ultimately led to convictions, but the case underscored the
challenges of securing justice in politically sensitive cases.
4. The Kolkata Case: The Murder of a Teenager (2020): A recent
case in Kolkata has brought the issue of women’s safety and
justice in urban India into sharp focus. In 2020, a teenager named
S was brutally murdered after being allegedly abducted and
sexually assaulted by a man she knew. The case sparked
significant media coverage, primarily because the accused was
someone who was in close proximity to the victim. Despite the
swift response from law enforcement, there were questions raised
about the initial investigation, delays in the medical examination,
and the community's reluctance to support the victim's family. The
case highlighted both the challenges of addressing urban crimes
against women and the importance of immediate and efficient
 investigations. Although the police managed to make an arrest,
questions about how the case was handled and the long process
of securing justice reveal the broader systemic flaws that women
continue to face in accessing justice.

LEGAL REFORMS AND PROGRESSIVE MEASURES:-

India has introduced several legal reforms in recent years aimed at
strengthening women’s access to justice. These reforms address
gaps in existing laws and seek to create a more inclusive and
responsive judicial framework.

NATIONAL COMMISSION FOR WOMEN (NCW) act .

The national commission for women (NCW) is an autonomous and
statutory body established in 1992 under the National
commission for women Act, 1990, to protect and promote
women’s rights in India.
● It is responsible for reviewing and addressing issues related to the
rights of women and for making recommendations for the
protection and promotion of these rights.

FUNCTIONS:-
As per Section 10 of the National Commission for Women Act,
1990, The commission shall perform all or any of the following
functions:

1. Investigate and examine all matters relating to the safeguards

provided for women under the Constitution and other laws.
2. Present to the Central Government annually reports upon the
working of these safeguards.
3. Make in such reportsrecommendations for the effective
implementation of those safeguards for improving the conditions of
women by the union or any state.
4. Review the existing provisions of the Constitution and other laws
affecting women and recommend amendments thereto so as to
suggest remedial legislative measures to meet any lacunae,
inadequacies, or shortcomings in such legislations.
5. Take up cases of violation of the provisions of the Constitution and
of other laws relating to women with the appropriate authorities.
6. Look into complaints and take suo moto notice of matters relating
to the deprivation of women's rights and non-implementation of
laws enacted to provide protection to women.
7. Undertake promotional and educational research.
8. Participate and advise on the planning process of socio-economic
development of women.

NATIONAL COMMISSION FOR WOMEN POWERS:-

The Commission, while investigating, shall have all the powers of a

civil court in respect of the following matters:

1. Summoning and enforcing the attendance of any person from any

part of India and examining him/her on oath.
2. Requiring the discovery and production of any document.
3. Receiving evidence on affidavits.
4. Requisitioning any public record or copy thereof from any court or
office.
5. Issuing commissions for the examination of witnesses and
documents.

The Nirbhaya Case and the Criminal Law (Amendment) Act,

2013: The brutal gang rape and murder of a young woman in Delhi
in December 2012, known as the Nirbhaya case, galvanized
national outrage and protests. The case led to widespread calls for
stronger laws to protect women from sexual violence. In response,
the Indian government passed the Criminal Law (Amendment) Act,
2013, which expanded the definition of rape, introduced the death
penalty for the rape of minors, and created stricter penalties for
sexual violence. The law also included provisions to make the
criminal justice system more responsive to the needs of survivors
of sexual violence.
However, despite the legal reforms, implementation challenges
persist. The delay in trials, failure to convict perpetrators, and
 systemic failures in law enforcement continue to undermine the
effectiveness of the law.
The Protection of Women from Domestic Violence Act, 2005:
The Protection of Women from Domestic Violence Act was a
landmark piece of legislation aimed at protecting women from
domestic abuse, including physical, emotional, and financial
abuse. This law enables women to seek protection orders,
residence orders, and monetary relief. It was a significant step
toward recognizing domestic violence as a violation of women's
rights and not just a private matter. However, many women are still
unaware of this law or are too afraid to use it due to the stigma
surrounding divorce and separation in Indian society.
Sexual Harassment of Women at Workplace (Prevention,
Prohibition, and Redressal) Act, 2013: The Sexual Harassment
of Women at Workplace Act was introduced to address the
growing concern about sexual harassment at work. The law
requires companies to set up internal committees to handle
complaints, provide redressal mechanisms, and create a safe
working environment for women. While this law has been
instrumental in raising awareness about sexual harassment, its
implementation has been inconsistent across sectors, and many
women remain unaware of their rights or are reluctant to report
harassment due to fear of retaliation or job loss.
Judicial Reforms and Fast-Track Courts: In response to the
demand for quicker resolution of cases involving gender-based
violence, India has set up fast-track courts, particularly for cases of
rape, child sexual abuse, and domestic violence. These courts are
designed to expedite the legal process and provide quicker relief to
victims. However, the effectiveness of these courts is limited by
their lack of resources, understaffing, and the overall backlog in the
judicial system.

Moving Forward: SOLUTIONS AND STRATEGIES:-

While legal reforms have improved the protection of women’s rights in
India, there is still much work to be done to address systemic barriers:
 1. Strengthening Law Enforcement: Police training on handling
gender-based violence and sensitizing law enforcement personnel
to the needs of women is essential to building trust in the justice
system. This includes ensuring swift action on complaints and
preventing cases from being dismissed or delayed.
2. Increasing Awareness and Education: Public awareness
campaigns and education on women’s rights, the legal options
available, and the importance of gender-sensitive law enforcement
can empower women to seek justice without fear of social
retribution.
3. Faster Justice Delivery: The backlog of cases in Indian courts
must be addressed to ensure that women receive timely justice.
Expanding the use of fast-track courts, enhancing the capacity of
the judiciary, and simplifying legal procedures are essential.
4. Support Systems for Victims: Expanding victim support services,
including legal aid, counseling, and shelter services, is crucial in
helping women navigate the legal process and cope with the
emotional and psychological aftermath of violence.

CONCLUSION:-
Despite significant legal reforms and increased awareness of
women’s rights, accessing justice remains a formidable challenge
for many women in India. Barriers such as cultural norms, slow
judicial processes, and gender bias within law enforcement
continue to impede women’s access to justice. However, through
continued legal reforms, greater social awareness, and stronger
institutional support, India can take meaningful steps toward
ensuring that women have equal access to justice and that
gender-based violence is met with swift and just action.