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Justice System and Gender Justice
India needs to rid its justice system of gender injustice
Context: A series of recent rulings by Indian courts reveal deeply ingrained social attitudes toward women’s autonomy. The Allahabad High Court denied police protection to a consenting interfaith couple, citing the woman’s decision as “hasty” and questioning the likelihood of a “peaceful, meaningful life.” In another case, the same court made insensitive remarks in a rape case, prompting intervention from the Supreme Court.
Law Mirrors Societal Biases
- Such rulings illustrate how Indian law often reflects societal prejudices instead of upholding constitutional ideals of equality and autonomy.
- Women’s agency is routinely questioned, regulated, and restricted both in courts and in society.
Paternalism and Discomfort with Women’s Autonomy
- The Allahabad High Court’s reasoning disregarded the woman’s right to make personal choices, reinforcing a paternalistic belief that institutions can determine when a woman is capable of consent.
- The court’s invocation of “social harmony” masked an underlying discomfort with autonomy that challenges tradition.
Problematic Legal Reasoning in Sexual Offence Cases
- The same court downgraded charges in an attempted rape case involving a five-year-old girl, despite evidence of inappropriate touching and attempted undressing, ruling it was not an attempt to rape. This decision defied common sense and led to outrage, with the Supreme Court staying the judgment.
- In 2021, the Bombay High Court ruled that “skin-to-skin contact” was required for an act to qualify as sexual assault under the Protection of Children from Sexual Offences Act.
- The Chhattisgarh High Court recently acquitted a man accused of marital rape, citing the absence of a legal provision, even though the survivor had clearly expressed non-consent.
Gender-Based Violence and Societal Norms
- These decisions reduce gender-based violence to technicalities, ignoring the context of power, fear, and coercion.
- There is a broader resistance to recognising women’s right to consent or refuse, and to be taken seriously when they do.
National Crisis of Gender-Based Violence
- According to NFHS-5:
- Nearly 1 in 3 ever-married women aged 18–49 have faced spousal violence.
- In Bihar, it’s nearly 1 in 2.
- Most incidents go unreported due to fear, stigma, and perception of an unsupportive system.
Broader Definition of Gender-Based Violence
- Includes not just physical violence, but emotional, psychological, and economic abuse.
- Examples: denial of mobility, financial independence, education, and healthcare.
- When public institutions support such control, they reinforce systemic violence.
Public Attitudes Perpetuate Harm
- NFHS-5 data reveals:
- 37% of women and 34% of men believe a husband is justified in hitting his wife under certain conditions (e.g., arguing, neglecting housework).
- Even among those with 12+ years of education, 1 in 4 share this belief.
- These regressive norms shape how justice is delivered in courtrooms, police stations, and policy-making.
Need for Legal and Institutional Reform
- Legal reform must go beyond new laws:
- Mandatory gender-sensitisation training for judges, police, and justice officials.
- Rewrite laws with a modern understanding of consent, coercion, and autonomy.
- Criminalise marital rape, which remains legal in India.
- Trauma-informed court procedures should be adopted:
- Prioritise dignity, privacy, and agency of survivors.
- Avoid character assassination, disbelief, delay, and dismissal during proceedings.
- Changing Public Perceptions: Public awareness campaigns are essential to challenge regressive norms and shift societal attitudes.
- The Population Foundation of India’s campaign, ‘Desh badlega, jab mard badlega’ (Better men for a better country), urges men to unlearn toxic masculinity and support gender equality.
Upholding Constitutional Promises
- When courts validate moral policing, question adult consent, or reduce violence to technicalities, they signal that women’s rights are negotiable.
- The legal system must rise above social prejudice, protect survivors, and uphold the dignity, rights, and autonomy of all women.
- At stake is not just justice for individuals, but the broader promise of constitutional equality and democracy.
