Beyond The Law - Evaluating The Impact Of Legal Protection On Violence Against Women
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Category: General Law
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BEYOND THE LAW: EVALUATING THE IMPACT OF
LEGAL PROTECTION ON VIOLENCE AGAINST WOMEN Shivani Abhijit Khanolkar, J.B.S.P. Sanstha’s Bhagubai Changu Thakur College of Law, New Panvel
ABSTRACT
Even though there are extensive legal structures designed for preventing and addressing "violence against women" (VAW), issue still affects people all over the world. With an emphasis on national laws (“Protection of Women from Domestic Violence Act, 2005”; IPC provisions), international treaties (CEDAW, DEVAW), and court decisions, this study thoroughly examines the efficacy of legal protections against sexual assault, domestic violence, and human trafficking. To illustrate changing court interpretations of women’s rights and security measures, research used a doctrinal legal method to examine important case laws, including Indra Sarma vs. V. K. V. Sarma (2013), Lalita Toppo vs. State of Jharkhand (2018), and Vishaka vs. State of Rajasthan (1997).
Regardless of major legal developments, the efficacy of these statutes is still threatened by stigma in society, judicial complications, police apathy, and implementation gaps. According to the study, patriarchal attitudes, a lack of victim assistance networks, and insufficient reporting of crimes keep many women from achieving justice. Additionally, the effectiveness of human trafficking laws is limited by jurisdictional constraints, corruption, and a lack of international cooperation. The study emphasizes that eradicating violence against women requires more than just legislation. Stronger regulation, gender-appropriate training, better availability of justice, and extensive victim rehabilitation programs are all essential components of a multifaceted strategy.
In order to solve these widespread problems and ensure that women receive adequate security and justice, legislative changes, public education initiatives, and international cooperation are needed to close the gap between constitutional provisions and practical application. Keywords: crime against women, domestic violence, human trafficking, legal framework, protection of women, sexual harassment
Introduction
The practice of violence against women is by no means modern; they have existed for an extremely long time. For centuries, women have endured and been victims of horrific forms of torture. As the years went by and women's rights movements advanced, laws were created specifically to protect women from violence. Although violence against women happens in most nations, it is usually disregarded and accepted as common practice. According to a 1997 World Health Organization study in Geneva, at least one in five women have experienced rape or attempted rape at some point in their lives, and between 16-52% of women globally experience physical violence at the hands of their male partner. 1 Sometimes, because of their backward thinking, women encourage violence against other women. A significant number of nations failed to protect women from physical or psychological assault satisfactorily.
The health of women is significantly impacted by all types of violence. The effects of violence tend to vary from bodily harm to psychological distress. Numerous conventions to protect people's rights to life, liberty, and personal security have been ratified by the UN General Assembly. Gender-based discrimination is prohibited by the “United Nations Convention on Economic, Social, and Cultural Rights, 1966”, and the “International Covenant on Civil and Political Rights, 1966”. The “International Covenant on Civil and Political Rights (ICCPR), 1966”, prohibits all types of violence. According to the “Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, 1984”, everyone is protected, irrespective of gender.
Among the most significant international agreements pertaining to rights of women is the “Convention on the Elimination of All Forms of Discrimination Against Women, 1979”. VAW is a serious issue that impacts women's fundamental freedoms and draws attention to violations of human rights. It’s primary factor behind the gender inequality. Regardless of religion, culture, or economic or social structure, research conducted by the Grupo de Investigación de Salud Publica at the Universidad de Alicante in Alicante, Spain, shows that violence caused by an intimate partner, for example, a husband, is common form of VAW globally. According to a 2005 World Health Organization (WHO) survey, 50% of women suffer from any kind of physical abuse because of their husbands. and this research was carried out globally.
Almost 20% failed to notify any legal person or organization about the harm they had 1 World Health Organization, Women's Health Development: A Priority Health Issue, Family and Reproductive Health (Geneva, July 1997). experienced. 2 and it had a cumulative effect on their psychological and physical health. With the assistance of the “Declaration on the Elimination of Discrimination Against Women [DEDAW], 1967” and the “Convention on the Elimination of All Forms of Discrimination Against Women [CEDAW], 1979”, the UN General Assembly has contributed to strengthening all public and private spheres regarding women's rights. According to research conducted by Vives-Cases C, Ortiz-Barreda G, Gil-González D. “Mapping violence against women laws in the world: an overview of state commitments and United Nations Entity for Gender Equality and the Empowerment of Women”.
Progress of the World’s Women: In Pursuit of Justice (2011). Several nations throughout world adopted laws against violence against women under various names. The “United Nations World Conference on Human Rights” held in Vienna in
1993 ruled that VAW infringes human rights in several ways and that regional, national, and
worldwide programs are needed to describe these kinds of violence along with other types of discrimination against women. This study focused on finding out whether important elements suggested by international organizations have been included in VAW laws globally. In the present study, we will examine three types of violence: domestic violence, sexual harassment, and human trafficking.
1. Domestic violence -The most widespread perception of domestic violence is that it only
occurs when a woman is harmed. Although there are several other kinds of domestic violence, like verbal or emotional abuse and mistreatment within a household, many women have indeed been the victims of physical harassment, such as being hit or kicked.
2. Sexual harassment -There are many different types of sexual harassment, including
rape, groping, eve teasing, catcalling, and the non-consensual display of unwanted sexual cues or indications.
3. Human trafficking- is another of the most heinous crimes committed against women.
Women are violently forced into prostitution after they are kidnapped, sold, and trafficked across countries. 2 World Health Organization, Women's Health Development: A Priority Health Issue, Family and Reproductive Health (Geneva, July 1997).
Review of literature “Prevalence of domestic violence against women” was subject of a systematic evaluation of research studies by Samia Al Habib, Ula Nur, & Roger Jones (2009). A literature review spanning the years 1995-2006 was performed. Domestic violence against women, which includes those aged 18-65, but excludes those with certain illnesses or impairments, was the subject of 134 English-language studies that were part of the systematic review. North America included 41% research, followed by Europe (20%). In primary or community healthcare settings, 17% research was carried out, whereas 56% investigations were population-based. Six databases were searched in parallel for literature for years “1995-2006: Medline, Embase, Cinahl, ASSIA, ISI, and International Bibliography of the Social Sciences.
Reference lists of the papers that were acquired along with specialized interdisciplinary publications on violence (Violence Against Women, Journal of Interpersonal Violence) were manually searched to find additional research that might not have been identified by database searches. ” Contacting the authors allowed us to secure copies of unpublished studies, including PhD theses. We sought input and direction on methods and evaluation from experts in field both before and during process. The review's conclusions indicate that no racial, cultural, or socioeconomic group is exempt from level of VAW across civilizations. Findings demonstrate that prevalence of all forms of violence has risen over time, even though victims of abuse can access legal assistance. Another study conducted by Vimal Vidushy and Gagandeep Sethi (2016) centered on the following particular goals:
1. To investigate the many types of domestic abuse in India.
2. To examine India's statistics on domestic abuse against women. To make recommendations
for legislative and policy changes about domestic abuse of Indian women. The majority of the secondary data used in this study came from the Press Information Bureau, the National Crime Record Bureau (NCRB), and state-by-state statistical abstracts. Data from crime reports and censuses have been examined. For analysis, the structured technique has been applied. For the data analysis, both qualitative and quantitative approaches have been used. Several types of domestic violence were under study - Sexual Abuse, Physical Abuse, Psychological/ Emotional Abuse, Intellectual Abuse, Economic Abuse, and Tolerance of Abuse. Reality, however, seems to be the opposite: the scant information suggests that domestic violence may be on the rise. Because 17 out of 34 states and union territories did not release any data, domestic violence in
2013 was low. They included several states like Gujarat, Bihar, and Maharashtra. As we
mentioned, number of reports of domestic violence seems to be on rise. Former Andhra Pradesh had the most instances filed under “Domestic Violence Act” among states that made statistics available, with 3,758 cases in 2013, a 75% increase over 2012's 2,150 cases. With 142 instances in 2013, Kerala ranks second, up 21% from 2012. In landmark judgement decided by Supreme Court (SC), Indra Sarma vs. V. K. V. Sarma (2013)3 focuses on protection from domestic violence. Case addresses whether a live-in relationship qualifies as a "relationship like marriage" under Section 2(f) of the “Protection of Women from Domestic Violence Act, 2005” (DV Act), thereby granting women entitlement to financial assistance and protection. The appellant, Indra Sarma, and respondent, V. K. V. Sarma, lived together for over eighteen years, despite respondent's marital status and two children.
According to Indra Sarma, the respondent left her without providing support since she was emotionally and financially reliant on him. In accordance with DV Act Sections 18, 19, 20, and 22, she asked for financial compensation, safety orders, and reimbursement. Her allegations of domestic violence were recognized by the Magistrate and Sessions Court, which concluded in her favor. The ruling was reversed by the High Court, which ruled that her relationship did not meet the criteria for a "relationship in the context of marriage. " SC rejected Indra Sarma's appeal, ruling that her relationship didn’t qualify as a "relationship in the context of marriage" for grounds listed below: She purposefully dated a married man, which is against monogamy; their relationship was not accepted by society or the law, and they were not recognized as a married couple.
The DV Act does not protect mistresses or concubines, despite the court's recognition of their vulnerability and call for legislative reform. It found that the DV Act only protects legally recognized partnerships or ones that resemble monogamous marriages. Another Indian case addressing protection from domestic abuse is Lalita Toppo vs. The State of Jharkhand (2018). 4 Lalita Toppo (Appellant), a live-in partner, claimed maintenance after being abandoned. According to the “Protection of Women from Domestic Violence Act, 2005” (DV Act), major question “was whether a woman in a live-in relationship, even if she isn’t a legally wedded wife, is entitled to maintenance.
Court ruled that women in live-in relationships are entitled to solutions under the DV Act of 2005,” which includes support, shared domestic rights, and financial protection, in accordance with Section 3(a) of DV Act, which defines
3 Indra Sarma v. V.K.V Sarma (2013) 14 S.C.R 1019.
4 Lalita Toppo v. State of Jharkhand (2019) 13 SCC 796.
economic neglect as a type of domestic violence and ensures victims financial support. The ruling confirmed that, even though they might not be eligible for relief under standard marriage laws, live-in partners had legal backing under DV Act, granting compensation along with residential benefits. In order to safeguard susceptible women in unofficial partnerships, the case highlighted the growing reach of domestic abuse regulations. The main distinction between the Lalita Toppo case, which acknowledged the fact that partners who live together have the right to financial support and safety according to same regulation, irrespective of whether they are not married by law, and the Indra Sarma case, which decided against giving legal assistance under DV Act to women in live-in partnerships with men who are already married. According to Dr.
Rajesh Hooda's study, domestic violence is a persistent problem that impacts Indian women. Roots of it can be traced back to child marriage, widow remarriage prohibitions, sati, and modern-day legislative initiatives. Domestic abuse is still a major concern despite the existence of the constitution's promises of equality (Article 14), protection from exploitation (Article 23), and right to life (Article 21). The following subjects are covered in detail in this paper: the legal precedents, the impact of domestic violence, the legal system managing it, statistical evaluation of continuing crime against women, limitations, and misusing the law. Although legal reforms have improved protections for women, the study finds that inadequate execution and an increase in domestic violence cases indicate the need for increased awareness, better policies, and more precise laws to enforce them.
In order to preserve the legitimacy and efficacy of laws, it is also necessary to deal with their improper application. This one study carried out by Amy Hornbeck, Bethany Johnson, Michelle LaGrotta, & Kellie Sellman studies India's “Protection of Women from Domestic Violence Act, 2005” (PWDVA) in detail and asks whether it offers adequate protections for women or if its poor implementation makes it unhelpful. In addition to analyzing the legal structure of the Act, problems with execution, and socioeconomic limitations that hinder women from seeking justice, it draws attention to India's deeply ingrained patriarchal culture, which fosters domestic abuse. Although the PWDVA is a dynamic legislative measure, it is not well implemented, which permits domestic abuse to continue. Its influence is minimized by resistance, societal beliefs, and a lack of accountability from law enforcement.
This study identifies genderinclusive education, increased enforcement of laws, and public awareness campaigns as essential to the Act's ability to effectively safeguard women. A thorough study carried out by Paula McDonald, Sara Charlesworth, and Tina Graham examines the issue of sexual harassment of women. Despite legal structures designed to prohibit it, workplace sexual harassment (SH) is nevertheless a problem, according to this paper. It looks at the reasons behind the persistence of sexual harassment, the obstacles to reporting, and the ways in which organizations may put effective preventative and remedial measures into operation. The paper's major findings demonstrate that, although workplace sexual harassment (SH) still affects 20-80% of employees, failing to report is frequently caused by shame, fear of repercussions, and inadequate grievance handling methods.
Because they prioritize regulations over victim care, many organizations overlook sexual harassment as a complex problem, which results in inadequate enforcement and little punishment for offenders. Defined laws, education and training, and dedication by management are examples of fundamental steps that are part of a complete preventative framework. Secondary processes include unbiased investigation and strictly private reporting, and tertiary measures include modifications in culture and long-lasting victim support. Primarily male-dominated workplaces and gender prejudices also contribute to sexual harassment, highlighting the need for more robust and effective interventions. The present paper presents a case study conducted by AADISH GOEL. The groundbreaking Vishaka v.
State of Rajasthan (1997)5 case, which at first established India's legislation against sexual harassment in workplace, is examined in this essay. The case began when Bhanwari Devi, an activist who fought against child marriage, was viciously raped by a group of men. In response, the SC stated that sexual harassment in workplace is a breach of fundamental rights and issued Vishaka Guidelines, which had an effect on the Sexual Harassment at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. This study examines idea of a legitimate process in Indian legal system, highlighting how it guarantees gender equality, impartial investigations, and fair trials. It criticizes how issues of power, caste prejudice, and ineffective procedures frequently prevent victims of sexual harassment from receiving justice.
According to the research, systemic prejudices, poor enforcement, and social constraints make justice unattainable even though there are legal measures in existence. To develop safer workplaces, a comprehensive strategy that includes impartial investigations, better legal frameworks, and
5 Vishaka and others v. State of Rajasthan and others (1997) 6 SCC 241.
awareness campaigns is required. Men who experience harassment and LGBTQ+ victims are also frequently overlooked, which emphasizes the necessity of inclusive policy. Tukaram & Anr. vs. State of Maharashtra (Mathura Rape Case, 1979)6 is one of the most debated case laws which deals with sexual violence and the judiciary. Two police officials, Tukaram and Ganpat, were charged with raping Mathura, a young tribal girl, inside a Maharashtra police station. A national campaign to amend India's rape laws was spurred by the occurrence. In Maharashtra, Mathura, a 16yrs old tribal girl, had been asked to come to Desai Ganj police station to be questioned on a suspected case. Tukaram and Ganpat, two police officers, are accused of raping her inside the station. After Mathura told her family, the accused police officers were charged.
The trial judge cleared the defendant, noting Mathura's intended "consent" and the absence of bodily harm. The Bombay High Court declared that Mathura could not have given her consent because of police threats, dismissing the judge's decision and convicting the officers. The order of conviction (1979) was reversed by the Supreme Court on reconsideration, which cleared the police officers that Mathura had not demonstrated adequate protest and that there was no obvious evidence of lack of consent. Indian rape laws were significantly amended as a result of public protest, even though the decision of the Supreme Court ignored the power dynamism in custodial rape. These changes improved victim protection and shifted the strain of proving cases involving authority-based sexual assault.
A study conducted by Lindsey King7 examines how international regulations might be used to fight human trafficking by examining important judicial structures, issues with legal compliance, and approaches to enforcement. It draws attention to how difficult it is to combat human trafficking because of its international dimensions and the disparities in state determination. In addition to earlier frameworks like the “Slavery Convention, 1926” and the “Universal Declaration of Human Rights, 1948”, important legal provisions like the “United Nations Convention against Transnational Organized Crime, 2000” and its Trafficking and Smuggling Protocols serve as foundation for worldwide initiatives in fighting human trafficking. UN.
GIFT (2007) and other initiatives seek to improve international collaboration, but compliance is still difficult because of resource limitations, corruption, and inadequate
6 Tukaram & Anr v. State of Maharashtra (1979) 185, 1979 SCR (1) 810.
7 King, Lindsey. "International Law and Human Trafficking." Topical Research Digest
Human Rights and Human Trafficking. The Human Rights & Human Welfare, University of Denver. enforcement. To successfully tackle human trafficking, implementation, cross-border communication, cooperation, and victim-centered regulations must be improved. A study on human trafficking in India done by Siddharth Tripathi looks into the underlying factors, occurrences, and legal structure of human trafficking in India. The illegal recruitment process, travel, and exploitative practices of people for uses such as physical labor, child marriage, prostitution, trafficking of organs, and the illicit drug trade is referred to as trafficking. The issue is exacerbated by extreme poverty, discrimination based on gender, unemployment rates, and insufficient judicial enforcement. In India, trafficking is still a common and organized criminal activity despite current legislation.
With 1,734 hotspots uncovered, human trafficking is widely prevalent throughout India, especially in West Bengal, Jharkhand, Assam, and Chhattisgarh. Recruitment by deceptive promises, relocation to another town, and eventual exploitative behavior through exploitative labor or sexual assault are all part of the process. Along with statutes like the ITPA (1956) for sex trafficking, POCSO (2012) for child protection, and the Trafficking Bill (2016) for more severe punishments and survivor rehabilitation, the legal structure consists of Article 23 (prohibiting trafficking) and Article 39 (protecting children). Another study conducted in India by Dr. S. Vijay Kumar, emphasizes human trafficking in India. Trafficking for both sexual purposes and various other reasons takes place in India, which traffickers use as a source, transport, and the intended location.
Trafficking networks have been further fostered by the rise of globalization, inadequate security measures, favorable political backing, and monetary benefits. Women, children, and economically disadvantaged individuals are among the most susceptible groups that frequently fall for deception with fictitious marriage proposals, employment offers, or educational chances. Further highlights India's legal system: Constitutional Provisions: Trafficking and forced labor are forbidden by Article 23(1). Indian Penal Code (IPC): Sections 366A, 366B, 370-373 penalize trafficking, forced labor, and exploitation. The 1956 Immoral Traffic (Prevention) Act (ITPA) targets sex trafficking and offers safeguards. The 1929 Child Marriage Restriction Act forbids child marriages. The forced labor system was abolished by Bonded Labor System (Abolition) Act of
1976. Juvenile Justice Act, 2000 safeguards children who have been trafficked. Trading organs
is prohibited by the “Transplantation of Human Organs Act, 1994”. “Information Technology Act, 2000” targets child exploitation and cyber trafficking.
Methodology
The objective of this study - This study's key objective is to determine how efficiently legal measures work to combat violence towards women and to identify any loopholes that exist within the law and how it is executed. In this study, the doctrinal method was the approach taken. In order to assess and evaluate legal rules, frameworks, and principles, a thorough examination of statutes, cases, legal concepts, and previous decisions of courts is required. It tracks changes in the law by critically analyzing important rulings and reasoning used by judges. Sometimes it compares laws from different states to find legal reforms and standard procedures. Limitation Papers, cases, legal documents, and secondary sources are the main sources used in the research.
It excludes field research, surveys, and in-person interviews that might offer a more in-depth understanding of how these laws affect people's lives. The laws about violence against women are always changing. Legal interpretations may be impacted by new amendments and policy changes, which could cause some conclusions to evolve. Social conventions, economic circumstances, and cultural views of gender roles all have a significant impact on how effective legal safeguards are, and these factors fluctuate depending on the location. It is difficult to measure these elements in a doctrinal judicial examination. Conclusion Through court interventions, treaties between nations, and national laws, the laws against violence against women have gone through tremendous change.
Although important protections are offered by frameworks like CEDAW, the DV Act (2005), and anti-trafficking legislation, complex problems including inadequate implementation, prolonged legal proceedings, and societal shame ultimately limit their efficacy. Indra Sarma vs. V. K. V. Sarma (2013) and Lalita Toppo vs. State of Jharkhand (2018) are two examples of legal analysis that highlight discrepancies in judicial interpretations that impact women's access to justice. In addition, incidents involving sexual assault in place of employment and in custody, like Vishaka vs. State of Rajasthan (1997) and the Mathura Rape Case (1979), have brought attention to legislative flaws and prompted urgent improvements.
This study emphasizes that despite legal progress, violence against women cannot be completely eradicated by legal measures alone. More Effective security measures, victim assistance programs, gender-inclusive training, and social and economic advancement are all crucial components of a multifaceted strategy. Stronger policy implementation, more public knowledge, and social involvement would be necessary to close the gap between legislative provisions and actual execution and guarantee that women's safety and rights are legitimately safeguarded.
References • Ortiz-Barreda, Gaby, & Carmen Vives-Cases, Legislation on Violence Against Women: Overview of Key Components, 33 Rev. Panam. Salud Pública 61 (2013). • McDonald, Paula, Sara Charlesworth & Tina Graham, Developing a Framework of Effective Prevention and Response Strategies in Workplace Sexual Harassment, 53 Asia Pac. J. Hum. Res. 41 (2015). • United Nations Children's Fund, Innocenti Research Centre, Innocenti Digest No. 6 (Prelim. Ed. May 2000). • Loyola University Chicago International Law Review, Volume 4, Issue 2, Spring/Summer 2007, Article 6. • The Protection of Women from Domestic Violence Act: Solution or Mere Paper Tiger?,
4 Loy. U. Chi. Int'l L. Rev. 249 (2007).
Dr. Rajesh Hooda, Legal Regime to Control Domestic Violence in India, Dept. of Laws, BPS Mahila Vishwavidyalya, Khanpur Kalan, Sonepat (Haryana) (131305). • Lindsey King, International Law and Human Trafficking, Topical Research Digest: Human Rights and Human Trafficking. • Siddharth Tripathi, Critical Analysis of Human Trafficking in India, 6 GLS L.J. 76 (2024). • indiankanoon.org/doc/192421140/ • blog.ipleaders.in/landmark-judgments-on-sexual-harassment/ • blog.ipleaders.in/top-10-domestic-violencecases/#Lalita_Toppo_v_the_State_of_Jharkhand_2018