Access To Justice To Women Under Human Rights Commission

Author: LawSphereX

Category: Constitutional & Human Rights

Published: 2026-08-23T17:34:04.631208+00:00

Updated: 2026-08-26T17:12:28.336+00:00

ACCESS TO JUSTICE TO WOMEN UNDER HUMAN

RIGHTS COMMISSION

Dr. Swarupa Dholam & Miss Saloni Belose, Maharashtra State Human Rights Commission

ABSTRACT

Women's rights are inherently human rights, yet historically, the experiences of women and girls with human rights abuses have often been overlooked. While certain forms of violence against women by state agents have been recognized as discriminatory, the more pervasive abuse often comes from non-state actors—such as employers, partners, families, and communities. When international law fails to acknowledge the state's responsibility for abuses by private actors, women are deprived of critical protection. This global culture of discrimination undermines women's fundamental human rights and legitimizes the exploitation of their bodies for personal or political gain.

As Hillary Rodham Clinton famously declared, "human rights are women's rights," emphasizing that international norms must address both individual issues—like sexual harassment, gender-based violence, reproductive rights, education, and the right to vote—and broader staterelated issues, including economic policies and structural adjustment programs.

Objectives: The research paper examines contemporary issues affecting women through a human rights lens. It covers topics such as women’s rights and their application, the status of women in conflict zones, legal and safe abortion as a human right, domestic violence, the legal framework for surrogacy, insufficient legal protections, acid attacks, and sexual harassment in the workplace. Methods: This research paper explores the choice of victims to approach the Human Rights Commission rather than the National Commission for Women, and examines the necessity of the Protection of Human Rights Act, 1993 in the context of the National Commission for Women Act, 1990.

The paper is based on practical experience at the State Human Rights Commission and assesses a country’s compliance with international human rights treaties, including the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), both de jure and de facto. Results: Access to justice encompasses more than just the ability to reach the courts and secure legal representation. It also includes the capacity to effectively interact with law enforcement officials and utilize informal, non-state justice mechanisms. Women should have the autonomy to make decisions about their sexuality and sexual and reproductive health without facing coercion, discrimination, or violence. Introduction: At the heart of gender equality lies the recognition that women's rights are fundamental human rights.

It is not about pitting women against men or asserting the superiority of one gender over another. Instead, empowering women means addressing and overcoming long-standing oppression so that they can stand as equals to their male counterparts, rather than being seen as subordinate. The harsh reality is that discrimination and violence against women are prevalent issues. Despite the existence of numerous provisions and commissions dedicated to women's well-being, significant social issues persist. Both perpetrators and ignorant mindsets contribute

to this problem. The male dominance in politics and policymaking often lacks the empathy necessary to address women's issues effectively. Globally, states have often taken responsibility for human rights violations only when the perpetrators were state representatives or officials. Non-state actors, such as employers, partners, and families, frequently treat women with disrespect. When international law fails to hold states accountable for violations committed by private actors, it denies women crucial protection under the human rights system. This global culture of discrimination allows for the violent exploitation of women for personal or political gain. To address these issues, international conventions must be designed to effectively tackle such problems. The research paper examines contemporary issues affecting women from a human rights perspective.

It covers the concept of women’s human rights, the application and importance of key provisions, and the conditions of women in conflict zones. Key human rights for women include access to safe and legal abortion, protection from domestic abuse, stringent surrogacy regulations, and bans on acid attacks. To effectively address the ways in which society and the law may devalue and subordinate women, it is crucial to understand the interplay between politics, economics, and culture in shaping women's access to justice in cases of abuse. Gender discrimination is a pervasive issue, impacting women across all socioeconomic backgrounds and regardless of their class or creed. While women from privileged backgrounds might experience discrimination in less overt ways, no one is entirely immune from its effects. As a wise monk once observed, "Peace cannot be bought with dollar bills.

" Systematic Oppression and its Prevalence in the 21st Century “If you educate a man, you educate an individual, however, if you educate a woman, you educate a whole family. ”- Pandit Jawaharlal Nehru. Throughout history, the misconception of women as the "inferior gender" has been widely accepted. This outdated stereotype portrays women as weak, fragile, and submissive compared to men. Yet, this so-called fragile being possesses the incredible power to create life, nurture it, and raise generations. Women are also emotionally intelligent, demonstrating empathy, resilience, and a solution-oriented mindset—traits often sought after in high-level executives,

particularly in male-dominated industries. This paradox highlights the ongoing oppression faced by women globally. Interestingly, some individuals, including women, may claim, "I’m not a feminist, I’m an equalist. " Unfortunately, a woman's most formidable adversary can sometimes be another woman who remains ignorant about feminism. A quick browse through Reddit reveals numerous anti-feminist groups that argue the feminist movement undermines men's rights. This resistance often stems from a misunderstanding: when privileged advantages are removed to address inequality, it can feel like oppression to those who benefited from those privileges. The entrenched societal patterns that often lead to the invalidation of women—whether intentional or not—have regrettably become the norm.

It's essential to recognize the numerous pioneers who have fought for gender equality and women's advancement, as it would be unjust to discuss these issues without acknowledging their contributions. In India, some of the most severe injustices against women include sati—a now-outdated Hindu practice where a widow was forced to self-immolate on her husband's funeral pyre—and khatna, a practice among the Dawoodi Bohra, a Shia Muslim community, involving female genital mutilation (FGM). FGM involves procedures that remove or injure female genitalia for non-medical reasons. While sati is legally prohibited in India, there is currently no specific legislation against FGM, though it is universally condemned. The United Nations' International Day of Zero Tolerance for Female Genital Mutilation, observed annually on February 6, aims to raise awareness and eliminate this inhumane practice.

In the Indian legal framework, Sections 319 to 326 of the Indian Penal Code (IPC) address various forms of physical harm. These sections define 'hurt' as inflicting bodily pain, disease, or infirmity, and enumerate seven types of 'grievous hurt,' including any injury that risks life or causes severe bodily pain or disability for an extended period. The aforementioned sections highlight the ongoing struggle for justice for victims of Female Genital Mutilation (FGM). Historically, these customs reveal a time when women were treated as mere instruments for reproduction, stripped of their rights, dignity, and individuality. A past era where women's rights to education and voting were unimagined, akin to a lioness deprived of its natural abilities. Thanks to the courage and efforts of pioneers like Raja Rammohan Roy,

Jyotiba Phule, and Jawaharlal Nehru, women in the subcontinent began to see progress. However, this progress is not yet complete. Although women now have the right to vote and are stepping into leadership roles, they still contend with systemic disadvantages. Discussions on empowerment remain crucial. According to UNICEF’s 2023 global data report on gender equality, girls often receive less support compared to boys in their educational pursuits. This disparity is due to unmet needs related to sanitation, hygiene, and safety, which can hinder regular school attendance. Discriminatory teaching methods and resources further exacerbate gender disparities in learning and skill development. Consequently, about 25% of girls aged 15 to 19 are neither employed nor in education, compared to 10% of boys.

Gender inequality can also manifest violently, with approximately 13 million girls in this age group having experienced forced sexual activity. Adolescent girls face a heightened risk of gender-based violence in both peaceful and conflict settings. Despite global recognition of female genital mutilation and child marriage as human rights violations, millions of girls continue to suffer from these practices. Violence may also occur during childbirth, particularly in regions where female infanticide is prevalent. The issue of period poverty remains a severe and tragic reality for millions of women worldwide. A survey conducted by Dasra and USAID highlights that inadequate menstrual hygiene management (MHM) facilities force 23 million Indian girls to drop out of school each year.

The latest National Family Health Survey (2020-21) reveals that over 30% of women aged 15 to 24 do not use sanitary protection during their menstrual cycles. Hygienic practices available include locally prepared napkins, sanitary napkins, tampons, and menstrual cups. Research indicates that the use of sanitary products has increased by 20% over the past seven years. However, only 14 states report that more than 90% of women use proper MHM techniques. Despite the establishment of numerous committees and global reforms over nearly two centuries, obstacles persist. Another significant challenge is gender-based discrimination. Even prominent women are not immune to such biases. Notable leaders like Indira Gandhi, Margaret Thatcher, and Benazir Bhutto faced scrutiny that often focused more on their gender and appearance than their leadership capabilities.

This reflects a broader societal tendency to view women primarily as

objects of aesthetic value rather than as authoritative figures capable of leadership beyond traditional roles. Michelle Obama, former First Lady of the United States, Harvard-educated lawyer, and staunch advocate for women’s empowerment, shared her experiences as a prominent figure in public service. She highlighted the challenges she faced, stating, “Messages that suggested as a girl, my voice was somehow less important. That how my body looked was valued more than how my mind worked. That being strong, powerful, and outspoken was considered inappropriate or unattractive for a girl. ” Analyzing these challenges requires more than just identification; it demands actionable solutions. Overcoming oppression involves empowerment, liberation, and justice—elements that combine to achieve fairness.

Women's access to justice extends beyond the legal system, incorporating multidisciplinary support services. Factors such as women’s roles in legal processes, their need for swift protection orders, and access restrictions not covered by law or judicial systems are critical. Additionally, political, economic, social, and cultural conditions play a significant role in enabling women to seek justice. Securing justice for assault victims is fraught with challenges, influenced by both the legal system and societal perceptions of women. Addressing these barriers involves understanding the complex interplay of politics, economy, and culture within the justice system.

Types of Women Empowerments The United Nations defines women's empowerment through five key elements: enhancing women’s self-worth, ensuring their right to make and exercise choices, providing access to equal opportunities and resources, allowing them to manage their lives both at home and in public, and enabling their contribution to a fairer social and economic system. The 2030 Agenda for Sustainable Development, endorsed by world leaders in 2015, outlines a roadmap for progress through 17 Sustainable Development Goals (SDGs). Among these, SDG #5 is specifically focused on achieving gender equality. This publication aligns with and contributes to this global objective. CEDAW: An Inclusive Convention On December 18, 1979, the United Nations General Assembly adopted the Convention on the

Elimination of All Forms of Discrimination Against Women (CEDAW). This international treaty, akin in structure to the Convention on the Elimination of All Forms of Racial Discrimination, serves as a comprehensive "bill of rights for women. " It is designed to be integrated into national laws by ratifying countries, providing special considerations and rules for addressing various women's human rights issues. CEDAW is unique in its dedication to addressing gender-based discrimination with a focus specifically on women. It provides a framework for protecting women's rights, including their autonomy in decisions about childbirth and the influence of culture and tradition on gender roles and family structures. This inclusivity aims to respect diverse cultural contexts while advocating for women's rights.

However, the broad and inclusive approach of CEDAW can sometimes lead to challenges in its application. The convention mandates that ratifying countries report every four years on their efforts to adhere to its provisions. CEDAW’s commitment to inclusivity and participation spans women of all ages and backgrounds, making its provisions extensive and holistic. Despite this, the practical implementation of these principles can be challenging, as discussed in a 2021 analytical study by the National Human Rights Commission of India, which examines the convention’s alignment with the realities of the Indian subcontinent. Development in India Before the United Nations could establish the key principles for gender equality, Mahatma Gandhi, Jawaharlal Nehru, and the Indian National Congress ignited a movement that aimed to liberate Indian women from centuries of exploitation.

The Congress Party played a pivotal role in raising political and social awareness among Indian women during the independence struggle, encouraging them to actively participate in the movement against societal injustices obstructing their emancipation. Jawaharlal Nehru, who served as India’s Prime Minister from 1947 to 1964, was particularly influential in promoting gender equality. In his Objective Resolutions presented to the Constituent Assembly and in his Lahore Speech, Nehru emphasized the importance of women’s rights, highlighting his belief that women’s empowerment is a critical societal issue.

Nehru’s charisma and global influence extended beyond India. He championed the philosophies of "Panchsheel" and the "Non-Alignment Movement," which were underpinned by principles of gender equality and neutrality. His engagement with ideas from the Second Brussels Congress, which focused on the socio-economic and political advancement of women, and his extensive reading, including works by women authors, further shaped his views. Seven and a half decades after India’s independence, the pursuit of gender equality has seen some progress, yet challenges remain. True liberation for women will be achieved only when they attain financial and personal independence. Many women continue to endure abusive relationships due to a lack of economic freedom. The landmark 1985 case of Mohd. Ahmed Khan v.

Shah Bano Begum highlighted the severe dependency women face after divorce, underscoring the need for financial autonomy to maintain their standard of living. Efforts towards women’s empowerment in the Indian subcontinent include various initiatives aimed at achieving this ultimate goal of freedom and equality. Financial and Academic Empowerment According to UNESCO's eAtlas of Gender Inequality in School, globally, 10% of girls aged 6 to 11 are denied access to education, compared to 8% of boys. If this trend persists, approximately 16 million girls in this age group may never attend primary school, in contrast to about 8 million boys. Another significant barrier is the practice of forcing young girls into marriage before they achieve financial independence. This practice often results in women becoming young mothers who are entirely dependent on their husbands or in-laws.

Such situations hinder girls from developing their own identities and achieving financial independence. Girls from conservative backgrounds are often confined to their homes and lack social interactions once they reach puberty, which stunts their personal development and limits their ability to navigate the external world and fend for themselves. In these circumstances, if a husband loses his job, falls ill, or struggles with substance abuse, the wife's financial stability is severely compromised. Additionally, a lack of financial education is a significant obstacle for women seeking institutional financing. Both men and

women can struggle to understand the value of formal financial management, making it challenging to utilize savings and loan products offered by financial institutions. Educating women about financial services is crucial for achieving gender equality. Men also need to be more aware and informed to support this goal. Wellness Empowerment: Wellness encompasses both mental and physical health. Dr. Poonam Khetrapal Singh, WHO Regional Director for South-East Asia, highlights the pressing issues in her submission to the

WHO:

The practice of early marriage and pregnancy presents significant health risks for young women and their children, especially in rural areas. Annually, approximately six million girls aged 15 to 19 give birth in this region, with four countries reporting a teenage birth rate exceeding 50 per 1,000 women in this age group. These health risks, which can be mitigated through social empowerment measures like access to contraception and laws against early marriage, remain a critical concern. Sanitation and menstrual health issues further exacerbate the problem, with widespread lack of awareness, stigma, and limited access to essential resources. Additionally, postpartum depression is often dismissed or misunderstood, though recent progress is being made in recognizing mental health as a vital component of overall wellness. There is hope for continued advancement in this area in the future.

In India, surrogacy laws require strict enforcement due to the diverse and complex nature of the population. Surrogacy, while a potential solution for those unable to bear children, is fraught with controversy. It can sometimes lead to the exploitation of vulnerable women, who may be coerced into surrogacy by their families or fall victim to human trafficking. The physical demands of pregnancy, including childbirth pain, surgical risks, and long-term health effects, add to the complexities. Furthermore, emotional challenges such as the surrogate's attachment to the baby or potential abandonment by genetic donors are significant concerns. A documentary by Assignment Asia reveals how impoverished village women are often

coerced into surrogacy for wealthy couples, sometimes pressured by their own families. While

scientific advancements continue, the exploitation and commodification of women involved in surrogacy raise ethical and humanitarian issues that need urgent attention. Political and Legal Empowerment: In accordance with Article 3 of CEDAW: States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men. Women's access to justice extends beyond traditional judicial mechanisms to include interdisciplinary support services. It is crucial to integrate the concept of intersectionality to actively involve women in the process.

Feminine agency, protection orders, and accessibility must transcend legal jurisdiction and courtroom boundaries. The political, socio-economic, and cultural contexts that influence and support women's quest for justice must be considered. Achieving justice for abused women can be challenging due to barriers within both the legal system and societal constructs that shape perceptions of women and their issues. Understanding women's access to justice requires looking beyond statutory limitations to explore how politics, economics, and society interact to impact their experiences. Relying solely on the presence of protective laws, legal aid, and judicial procedures is insufficient. It is essential to address the societal and legal perceptions that view women as inferior and subservient.

Many leadership positions in government are occupied by men, who may sometimes be consciously or unconsciously unaware of these issues. Political and legal empowerment involves not just making services accessible but also ensuring that women can contribute their empathy and experiences to improve conditions for themselves and others. Legislative changes and reforms should aim to make a tangible impact rather than merely enhancing public relations or securing votes. Key traits of these advancements include appropriateness, availability, non-discrimination, location, and language. Accessibility factors include the cost of litigation—such as filing fees, attorney fees, travel expenses, and evidence

collection—as well as indirect costs. Affordability considerations must account for the national poverty rate, labor market conditions, and available legal aid programs. Active and meaningful participation by women is empowered when they can speak out and defend their rights. Three factors are crucial in assessing this participation: - Awareness of their rights under domestic and international law. - Whether the legal system and duty bearers facilitate active, meaningful, and visible participation. - The extent to which the process empowers women through their engagement with the system. Feminist activists and commentators within the women’s movement have critiqued rights analysis both theoretically and practically. They emphasize the need to strengthen legal challenges for equal rights while avoiding a narrow view of rights.

A comprehensive political strategy should be developed to address women’s real concerns, with legal strategies targeting doctrinal barriers and considering the specific context of discrimination in shaping responses. Establishing a responsible and efficient legal system is essential to combating impunity The most crucial aspect of the study is its examination of the components necessary for a reliable and accountable judicial system. Key elements include the presence of duty bearers, a judicial system that is capable, impartial, independent, and gender-sensitive, and the active participation of women in the process. To enhance and support women’s access to justice, the study also advocates for the implementation of urgent protective measures and robust monitoring by both state and non-state actors.

Effectiveness includes preventive actions such as injunctions or temporary restraining orders. By involving women's groups in the process and maintaining vigilant oversight, the legal system and its duty bearers can continuously address and rectify past shortcomings. Enhancing the culture of the law in cases of violence against women would increase its legitimacy: To combat violence against women, this component emphasizes the importance of the legal system, the accountability of individuals within it, and the political commitment of the State.

It also evaluates the constitutionality, accountability, and transparency of the judicial system. For the legal system to be deemed legitimate, it must effectively address and respond to violence against women (VAW). We assume that the system will demonstrate its effectiveness by thoroughly investigating, prosecuting, and holding perpetrators accountable, while also ensuring justice for survivors. Women's Network and Local Advocacy: Strengthening the Collective Fight: Organizations, whether governmental or non-governmental, dedicated to advancing women's advocacy play a crucial role in making a significant impact and serve as valuable tools for networking. Thanks to technology, numerous online initiatives have been established to support women in need. Online support groups, often moderated by mental health professionals, offer a platform for connection and discussion.

One notable example is the subreddit ‘TwoxIndia,’ which describes itself as a ‘safe community to discuss and share both serious and light-hearted content for and about Indian women. ’ In this space, Indian women use anonymous identities to explore a variety of topics, including family issues, life advice, fashion inspiration, dating tips, and casual banter. The subreddit also features a section with valuable resources, such as a crowd-sourced list of gynecologists, a list of mental health professionals, recommended books about the lives of Indian women, and a safety guide for navigating Reddit and social media. Historical figures like Savitribai Phule and Malala Yousafzai have faced extreme challenges and risked their lives to fight for basic educational rights, earning global recognition and respect.

However, there are also many unsung heroes at the local level whose efforts contribute significantly to improvements in areas such as sanitation, public health, legal awareness, and education. For an environment where access to justice for victims of violence against women (VAW) is feasible, regional advocacy by women’s organizations and the development of women’s networks are crucial. Non-governmental organizations (NGOs) and specialized women’s groups play a key role in advocating for the recognition of women’s rights, monitoring their accessibility and enforcement, and identifying any gaps in these processes. By engaging in consultations, knowledge sharing, and research across various fields related to women, a robust national and regional network of women’s groups can effectively bring state attention to issues

surrounding women's rights and the need for their respect, promotion, and fulfillment. Women’s organizations and networks are vital in making a case for a more flexible framework for justice access. The collective voice and struggle of women have historically been central to their fight for rights and the creation of an environment that allows access to both formal and informal institutions. Conclusion: The core message is clear: women's rights are fundamentally human rights and should be as comprehensive and inclusive as possible. This encompasses the right to safe and legal abortion, protection from domestic violence, reasonable surrogacy regulations, and strong measures against acid attacks. To address how societal and legal frameworks often marginalize women, it is crucial to understand the interplay of politics, economics, and culture on women's access to justice in cases of abuse.

Gender discrimination affects women across all social strata, irrespective of their class or background. Rather than creating numerous new commissions for women's empowerment each year, the government should first cultivate genuine empathy for these issues. True empathy can be fostered by increasing the representation of women in decision-making positions. It is essential to have systems that are both accessible and efficient in delivering services to those in need. A flexible framework for justice requires the active involvement of women's organizations and networks. Historically, the collective voice and struggle of women have been vital in advancing their rights and securing spaces in both formal and informal institutions. Real justice and empowerment will only be achieved when the urgency of these issues is fully recognized and addressed.

References : Books & Reports

1. CEDAW (1979). Convention on the Elimination of All Forms of Discrimination

Against Women. United Nations General Assembly.

2. United Nations Human Rights Office (2021). Women's Access to Justice: A Human

Rights Framework.

3. National Human Rights Commission of India (2021). Gender Justice and Human

Rights: A Study on Legal Frameworks.

4. UNICEF (2023). Global Gender Equality Report.

5. Dasra & USAID (2020). Menstrual Hygiene Management and Education: A Study on

Period Poverty in India.

6. Amnesty International (2022). Human Rights and Gender-Based Violence: A Global

Perspective. Journal Articles

7. Chinkin, C. (1999). A Gendered Perspective to Human Rights and Justice. Human

Rights Quarterly, 21(4), 907-921.

8. Merry, S. E. (2006). Transnational Human Rights and Local Activism: Feminist

Activism and CEDAW. American Anthropologist, 108(1), 38-51.

9. Nussbaum, M. (2000). Women and Human Development: The Capabilities Approach.

Cambridge University Press.

10. Kumari, V. (2015). Legal Protections for Women in India: Evaluating the Impact of

CEDAW. Indian Journal of Gender Studies, 22(3), 321-345.

11. Sen, A. (1999). Development as Freedom. Oxford University Press.

Legal Documents & Government Reports

12. The Protection of Human Rights Act, 1993 (India).

13. The National Commission for Women Act, 1990 (India).

14. The Indian Penal Code (Sections 319-326) - Provisions on Physical Harm and Genderbased Violence.