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To what extent have the legal provisions been effective in curbing violence against women in India? Give your argument. 20 Marks. (UPSC CSE Mains 2024 - Sociology, Paper 2)
Violence against women in India remains a pervasive issue despite numerous legal provisions aimed at its eradication. The effectiveness of these laws in curbing such violence is a matter of considerable debate. Several legal measures have been enacted, such as the Protection of Women from Domestic Violence Act (PWDVA) 2005, the Dowry Prohibition Act 1961, and the Criminal Law Amendment Act 2013, which strengthened anti-rape laws. These provisions aim to protect women from various forms of violence, reflecting the state’s commitment to gender equality as per constitutional mandates. However, the effectiveness of these laws is often undermined by patriarchal social structures. Sociological theories on patriarchy, highlight how institutionalized gender norms perpetuate male dominance.
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Laws and Regulations Falling Short for Women Safety
- Implementation Gaps: Strict laws enacted after the 2012 Nirbhaya case, like the Criminal Law (Amendment) Act, 2013, enforcement remains inconsistent across different regions and police jurisdictions.
- Implementation of regulations, like establishing Internal Complaints Committees (ICC) in organizations, remains inadequate.
- Additionally, in 2018 the Securities and Exchange Board of India (SEBI) requires listed companies to report cases of sexual harassment annually, but data remains inconsistent and scattered.
- Systemic Issues: Corruption within the legal and law enforcement systems can undermine efforts to address crimes against women. Bribery and misconduct can result in cases being mishandled or dismissed.
- Many incidents of violence are not reported due to fear of retaliation, lack of trust in the system, or perceived inefficacy of the legal process.
- Cultural and Social Norms: Deeply ingrained societal attitudes and norms can undermine legal protections. In some communities, violence against women may be normalised or not taken seriously.
- Cultural attitudes and victim-blaming can discourage women from reporting crimes or seeking help, fearing stigma and societal judgement.
- Legal Challenges: Victims often face a high burden of proof, which can lead to low conviction rates. The requirement for substantial evidence and the legal complexity of cases can deter victims from pursuing justice.
- The judicial process can be cumbersome, leading to prolonged trials and delayed justice for victims. This can also discourage survivors from reporting crimes.
- Economic Dependence: Economic factors can also play a significant role. Women who are financially dependent on their abusers may find it difficult to leave abusive relationships, even if legal protections are in place.
- Resistance to Change: Resistance to reform within institutions and among policymakers can delay or obstruct efforts to improve laws and regulations.
- Legal frameworks may not evolve quickly enough to address emerging forms of violence or changes in societal attitudes.
- Lack of Awareness and Education: There is often limited awareness among women about their legal rights and available support services. This lack of knowledge can prevent them from accessing justice and support.
The persistent challenge of crimes against women in India demands a comprehensive, multi-pronged approach to address this deeply entrenched societal problem. The grim statistics presented in the NCRB report serve as a sobering reminder that more needs to be done to ensure the safety and dignity of women in India.
POSTED ON 26-04-2025 BY ADMIN
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