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Between Limited Laws and Conservative Patriarchal System: Why the Indian Security and Justice System is Less Effective to Prevent Gender-Based Violence against Women and Girls

Abstract

This article investigates why the security and justice system has failed to protect women and girls from genderbased violence in India. Although violence against women and girls is prevalent in all societies, India has been distinctively remarkable for endemic forms of Genderbased violence, linked to the socio-cultural formation of the society. This has led to the creation of various laws, legislations and mechanisms to protect women and girls. But these crimes still persist unabatedly, indicating abysmal failure of the security and justice provisions. To understand the reason behind this ineffectiveness of the criminal justice system, this paper identifies two major factors namely: inconsistencies in laws that leave room for abuse; and the patriarchal system which in its strictest sense abhors the equality of men and women. However, irrespective of the challenges faced in the administration of justice, this paper reveals that the entire criminal justice system has been fundamentally compromised by the long-standing, never-ending ultra conservative misogyny and caste-patriarchy of Indian society which defines both social gender roles and relations, and rationalises various forms of violence meted against women in everyday India. This is the major clog in the wheel of effective security and criminal justice administration, thus efforts should be charted towards addressing this context of GBV where women have increasingly become helpless and easily disposable like chattels.

Augustine Betialikong Aboh

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