The Promise and the Paradox of Law: Gendered Violence against Women and the Limits of Legal Remedies in India

Gender-based violence has been prevalent in Indian society since time immemorial. Women generally encounter violence from the very inception of the fetus in the mother’s womb. Indian society presents a paradoxical scenario, as women are worshipped as goddesses and at the same time subjected to various forms of crime at different phases of life. This anomaly is often addressed by setting moral standards and promoting religious teachings. However, the available facts demonstrate the inadequacy of traditional methods to minimize such violence. The state has taken a number of steps in the form of introducing social legislation to curb the menace of gender-based violence, especially to protect women in a society still dictated by patriarchal values. Women not only face violence outside their homes but are also exposed to various forms of violence within the four walls of their homes, based on existing power relations. The changing laws and their interpretations by the judiciary are evidence of initiatives to address the issue of gendered violence in contemporary society. The enacted laws are a manifestation of efforts to fulfill the expectations of all women, irrespective of their social status, to live a life free from any form of violence and to achieve gender equality in the truest sense. This article is based on secondary sources and seeks to highlight the laws as tools for the protection of Indian women, along with the grey areas where the deficiencies and inadequacies of existing laws are still felt.