Lack Of Justice For Women: Figuring Out The Catalyst Behind India's Flawed Justice System

When Union Law Minister Kiren Rijiju during his Lok Sabha speech stressed the pending cases in Indian courts (over 5 crores in other courts and 80,000 in the Supreme Court), the data hardly staggered us a bit. Have we all come to terms with the darker side of the Indian judicial system? A judiciary that seems to be stagnant, influenced by social norms, overburdened, biased, and complex, the challenges are way too many.

According to the National Commission For Women (NCW), 28,811 complaints of crimes against women were registered in 2023, a significant drop from 30,864 complaints received in 2022. (for data source, click here)

Is it time to celebrate the dip in numbers or figure out the ‘why’ here? Women in the country have repeatedly failed to get justice and with crores of cases pending in Indian courts to date, there seems to be no silver lining.

A research paper by India Child Protection Fund 2023 titled 'Justice Awaits - An Analysis Of The Efficacy Of Justice Delivery Mechanisms In Cases Of Child Sexual Abuse In India' states that 2.43 lakh POCSO cases are pending in fast-track special courts (FTSCs) that were set up to provide timely justice to victims. What are the odds of fast-track courts being unable to expedite POCSO cases? (For data source, click here)

To figure out the ‘why’, I spoke to our legal expert, Siddharth Chandrashekhar, Advocate and Counsel at the Bombay High Court, Mumbai.

The Root Cause Of India’s Ineffective Justice System

Chandrashekhar highlighted two big reasons that have led to the inefficacy of the Indian Justice System.

Cultural and Social Norms

The legal expert shared that together, the burden of societal gender norms and expectations is enough to influence a woman in a way that they feel hesitant to report crimes committed against them. “It is the fear of being stigmatised that prevents women from coming forward with their experiences. In some cases, women don’t recognise certain behaviours considered ‘punishable’ under the Indian justice system due to the normalisation of violence within their communities.

• Societal attitudes that blame victims of gender-based violence discourage several women from reporting incidents or seeking legal recourse.
• Some women fear reprisals or retaliation from the perpetrators, which is another key reason why women avoid reporting crimes or pursuing legal action.
• Economic dependence on the accused or lack of financial resources to pursue legal action are some other significant barriers for a woman seeking justice.

Lack of Legal Awareness and Limited Access to Legal Information

“Women, especially in rural areas or those coming from conservative backgrounds may lack awareness of their legal rights or may face barriers in accessing information about legal support services available to them,” he added.

Further speaking of legal barriers, the expert shared that there are a plethora of challenges, delays in legal processes (whether from registration of offences by inspecting officers or prosecution), lack of sensitivity in handling cases at the preliminary investigation level, insufficient resources for support services, shortage of judges to name a few. All these factors together discourage women from pursuing justice in the country.

The Legal Loopholes And Consequences

“Legal loopholes or ambiguities hinder effective prosecution,” our legal expert further spoke about the flaws in the Indian judiciary system. Lengthy and Cumbersome Legal Procedures: Many factors contribute to the lengthiness of legal procedures in India, including backlog of cases, procedural complexities, and shortage of judges to name a few. These discourage women from pursuing justice, especially if they lack resources or face economic hardships.

Impact Of Evidence:To meet legal requirements, victims need to provide substantial evidence and meet a high burden of proof and this can be challenging for victims of gender-based crimes, particularly when it comes to crimes that occur in private spaces.

Poor Investigation Procedures, and Lack Of Training For Law Enforcement: Such factors lead to incomplete or biased investigations leading to failure of justice for the victim.

Insufficient Legal Aid Services and Support: No support and services for victims also prevents women from effectively navigating the legal system, particularly if they lack financial resources.

Lenient Sentencing For Perpetrators:“Mild punishment for offenders of gender-based violence fails to provide a sense of justice for the victims,” the legal expert said.

Way Forward: What Do We Need?

To restore the fading faith of women in the Indian judiciary, there is a pressing need for an efficient judicial process.

Need For Gender Sensitivity Training

Our legal expert Sidharth Chandrashekhar emphasised the need to provide gender-sensitivity training for police and other law enforcement officials. He shared that this training will clear the fundamentals and help officials understand and handle cases involving women better.

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Need For A Structure To Take Onus In Crime Cases

Who takes the onus when there is a delay or negligence in handling a case involving women? Nobody, there is a need to have a mechanism in place that can be reached for crimes against women.

Need For More Women In Police Forces

“There should be an increase in the number of women by at least tenfold in police forces and legal professions to create a more approachable environment for female victims,” the expert said.

Need For Public Awareness

Conducting widespread campaigns at an early age to educate the public about women's rights and the importance of gender equality can help women have a safer future in the country. “Incorporating gender studies and legal rights education in school curriculum to foster respect and understanding from a young age can do wonders. It is more important than learning mathematical formulas and theorems,” he said.

Need For Support

Working with local communities to change societal attitudes and norms that perpetuate discrimination and violence against women is also a great idea. Those who wish to work on this extensively for women seeking justice can collaborate with NGOs and women's rights groups to provide support and advocacy.

Though there are support systems, counselling, and rehabilitation centres across countries, not all of them offer free legal aid. If such centres get support from the government or women's rights NGOs, they can help provide both emotional as well as legal for women seeking justice.

Other than overcoming the flaws in the judicial system, there is also a need to change our POV, our legal expert agreed.

“At times, crimes against women are excused and downplayed for a variety of deeply ingrained reasons rooted in societal attitudes, cultural norms, and systemic issues.” A positive change in our mindsets can make a whole lot of difference for women in general and help us build a safer, equal, and inclusive society for women in the country.

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