Strengthening Existing Laws: Ensuring Effective Protection for Women

Discussions surrounding violence against women in India often begin with calls for new legislation. However, this approach may be misguided. The Indian legal framework already includes robust protections for women, yet the conviction rates remain dismally low, hovering between 11 and 17 percent according to the National Crime Records Bureau (NCRB). This discrepancy between strong legal provisions and poor outcomes stems not from inadequacies in the law itself, but rather from systemic failures in enforcement.

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Existing Legal Protections

The Dowry Prohibition Act has been in effect since 1961. Sections in the Penal Code, such as the now-renamed Section 80 of the Bharatiya Nyaya Sanhita, criminalize dowry deaths, imposing a minimum sentence of seven years. Sections 498A, now Sections 85 and 86, address cruelty towards women, and Section 113B of the Evidence Act aids complainants by presuming the accused’s guilt once foundational facts are established. Despite these protective measures, the conviction rates are dishearteningly low, suggesting that the issue lies beyond the drafting of laws.

Systemic Failures in Enforcement

The enforcement machinery plays a crucial role in the protection of women’s rights. The effectiveness of the system depends on the actions of police officers, investigators, witnesses, and public prosecutors, all of whom are products of the same societal norms that the laws attempt to challenge. The landmark case of Arnesh Kumar v. State of Bihar highlighted the issue of high chargesheeting rates but low conviction rates, emphasizing that the problem is not the falseness of cases but the system’s inability to effectively prosecute.

Addressing Misuse and Procedural Safeguards

The argument of misuse of protective laws has been prevalent for decades, often citing the acquittal rates as evidence. However, acquittal does not equate to falsity of claims. The cases of Sushil Kumar Sharma v. Union of India and Arnesh Kumar have introduced procedural safeguards to address genuine misuse without diluting protections for women. An improved procedure, not reduced legal protections, is essential to address misuse.

Constitutional and Economic Considerations

The failure to enforce protective laws equitably for women challenges Article 14 of the Indian Constitution. The marital rape exception remains a glaring contradiction within the legal framework, which the legislature has yet to address, despite recommendations from the Justice Verma Committee and the pending Supreme Court challenge following the RIT Foundation split verdict.

Economic independence is a significant factor in a woman’s ability to assert her legal rights. Despite legal entitlements, many women remain dependent due to economic barriers, as seen in the aftermath of Vineeta Sharma v. Rakesh Sharma. The rise in women’s workforce participation, reaching 41.7 percent in 2023-24, masks underlying issues such as the prevalence of unpaid and informal labor.

The Path Forward

To ensure existing laws protect women effectively, several measures must be undertaken. These include ensuring thorough and timely investigations, witness protection, gender-sensitivity training, and holding officials accountable for failures. The removal of the marital rape exception and accession to the Optional Protocol to CEDAW are overdue steps that India should take.

Ultimately, women seek not new statutes but the effective enforcement of existing ones. This demand calls for accountability among those who operate the system, emphasizing the need for a cultural shift in enforcement rather than legislative reform.

Purva Singh is an international law and policy advisor and the founder of Bhagwani Consultancy. A more detailed version of this argument is available on SSRN.