Our Indian constitution contains a number of provisions for the protection of women. The provisions of equality and nondiscrimination find a place in the constitution. It also pursues the state to have such measures which provide positive discrimination in favor of women. Apart from fundamental rights, many specific laws have been made to ensure the rights of women are protected. This is incorporated in Directive Principles of State Policy. However, despite many constitutional protection and loads of legal legislation, the curse of gender discrimination and injustice continues to be prevalent in our society. This is mainly because the administrative side, that enforces the laws do not always share the philosophy of gender justice concept.
Women are handicapped with respect to the essential for access to justice. The widespread illiteracy, cultural dictates, and patriarchal mindset are very common. On top of it, an unfriendly legal process has kept most distressed women away from getting justice. Victims women have a bad experience with the national criminal justice system. Due to the prevalent patriarchal setup, they cannot depend on the criminal justice system. Be it for either protection or rehabilitation. There often exist confusion and ambiguities in the laws that criminalizing violence. Laws tend to be poorly drafted, focusing just on specific forms of violence. They do not deal with all forms of violence against women. Then there is weak law enforcement. The victim’s apathy and distrust cannot be avoided in the system. In certain situations, such as the dowry deaths, corruption in the police departmentA and enforcement officials works as a major obstacle.
In order to make the whole system friendlier towards women’s justice, there is a need for the Governmental authorities, voluntary groups, and NGOs to come forward and serve the cause of rape victims or other such victims who cannot find any support in society. There is an urgent need to have a change in the attitude of the police authorities in matters-sensitive cases such as rape. A sympathetic attitude towards the rape victims along with the necessary support should be provided to the victims. The government has a major role in doing this, we cannot solve the problem only by passing the laws.