Indian Law: For Women, With Women

Author: Keerthana Gaddam

There are many various norms in Indian society. It establishes guidelines that must be followed; failure to do so is deviance. Because of the expectations placed on women by society, women experience such tremendous confinement. They are constrained to act and respond within the drawn line when such expectations are formed. But is a woman just that?

To establish the definition of a woman says enough about today’s times because genders do not require definitions, they require identifications. Women today lack that identification of being a counterpart to men. Women, a long-standing party to the patriarchal society that is much prevailed in India.

Understanding Patriarchy in India

A patriarchy is a system of community, culture, and governance where the authority of boys and men—typically straight—is maintained as superior to and frequently exclusive of that of women, girls, and LGBTQ people (ungei.com, 2025). Women's ability to act in society has been undermined for centuries by this very system of male control over female popularity, which not only limits their natural freedom but also enables their minds to be gated and constrained in social situations where women must act.

Men's inclination for authority is the reason why such a notion is so prevalent in a nation like India. Although it is much more than that, many think it is socially set. It is also culturally driven, with customs like sati, honor-based actions like forcing the purdah, and the widespread practice of female foeticide during the Mughal era. Patriarchy is now thought to be the primary cause of many of the nation’s worst crimes.

The dowry is a cultural practice that reflects the deep-seated urge to appease men economically. People who prefer the birth of a boy also lead to female infanticide and foeticide; the representation of power and dominance leads to rape, wife beating, domestic abuse, and even unequal pay. Acts of violence and tyranny committed for the sole purpose of demonstrating dominance include child marriage, acid attacks, and voyeurism.

As a well-known idea of social exploitation, patriarchy is a topic that is frequently debated. The social, cultural, and religious structure of India is predominantly patriarchal, comprehensively contributing to the secondary status of women, according to the Indian Ministry of Health and Family Welfare’s 2006 annual report (Tabaie, 2017).

There are many different traditions, conservative notions, and developed concepts in Indian society, all of which blend and make it impossible to identify “women” based on their abilities. But in reality, women are more than their acts and capacities; they are individuals, and as such, they are equally covered by the constitutional provisions of Articles 21 and 14, which eliminate unnecessary controversy regarding how women operate.

The main concerns posed today bring up important issues:

• Will society succeed if women aren’t shielded from such cruelty?

• Most significantly, does Indian law teach both men and women to be conscious enough to refrain from committing such heinous crimes against women?

If so, what is the reason behind India’s ongoing riots and candlelight marches in remembrance of the maimed women?

Female Foeticide: The Deepest Scar of Patriarchy

The most brutal act of patriarchy is female foeticide. Choosing a son over a girl illustrates the necessity of excluding women from society, even if one ignores the fact that women are the cultural progenitors.

Deputy Health Minister Pawan Singh Ghatowatr introduced the Prenatal Diagnostic Techniques Bill in the Lok Sabha, which would prohibit “sex determination shops” from assisting parents and medical professionals in ending female pregnancies. Only genetic and congenital problems would be detected by prenatal diagnostic testing. Unless it was connected to a sex abnormality, doctors would not be permitted to disclose the fetus’s sex.

Additionally, as a violation of women’s rights, abortions based on the sex of the fetus are currently prohibited under Article 14 and 15 of the Indian Constitution (Imam, 1994). The terms of this statute are also discussed in the most recent case:

A female kid born as a result of this conduct is always an active victim of child marriage. This supplies to the notion that women are a burden on society and should be married off from the family in order to relieve them of their financial and emotional obligations.

One such societal issue that, despite laws to the contrary, is still not effectively enforced is child marriage. In order to stop marriages between women under the age of 18 and men under the age of 21, the Prohibition of Child Marriage Act of 2006 was passed.

The Nirbhaya Case and Criminal Law (Amendment) Act, 2013

Following the Nirbhaya case, Indian law for women underwent a significant shift. Following the December 2012 gang rape of a female student in the Nirbhaya case, the Criminal Law (Amendment) Act, 2013 was passed (law.cornell.edu, 2013). The legislation changed to make any harassment or offense against women more specific and defined.

The addition of new sections:

• Acid attacks: Sections 326A and 326B

• Voyeurism: Section 354C

• Sexual harassment: Section 354A

• Stalking: Section 354D

• Extension of rape definition: Section 375 IPC

• Rape resulting in death: Section 376A

These revisions further imposed the much-needed public knowledge of these crimes while guaranteeing that there will be repercussions.

Domestic Violence and Legal Protections

Women in India are victims of domestic violence. Domestic violence can have vast definitions, while it majority means the origination of violence that is from their household and familial relatives. It can come in various forms — physically, sexually, verbally, economically, and emotionally.

While the law mentions this in Section 3 of the Protection of Women from Domestic Violence Act, 2005, the social awareness of such a fact that the law condemns an act of violence against women is still low.

This act is crucial as it not only protects women from domestic abuse but also accounts for domestic abuse faced by men by the struck down of Section 2(q) of the act which previously stated “adult male” as the respondent only, in the case of:

Dowry: A Cultural Curse

Dowry is a culturally set custom that is followed even today in most societies. Dowry serving as an idea of any valuables being paid to the groom’s family by the bride’s family as a giveaway is the introductory concept.

It is severe in terms of the dowry deaths that happen today. This horrible deed is the result of ongoing domestic abuse committed against the married woman by her family, which builds up over time.

In relation to the 1961 Dowry Prohibition Act, Section 304B of the Indian Penal Code deals with dowry deaths. According to the clause, if a woman dies within seven years of marriage as a result of the abuse or harassment of her husband or a family member, it is considered a dowry death, and the husband or family member would be held accountable for her demise.

Conclusion: Law as a Tool of Empowerment

In terms of enforcing social control to stop such crimes and deviance, Indian law is a potent instrument. People must follow the law in order to contribute to the creation of a safe and sound society, which includes both men and women living in societies.

It will take time and effort for the deeply ingrained patriarchal system to disintegrate, but it is imperative that we prioritize protecting women now, since the cruelty of such acts will harm the female population, which will further deteriorate society.

The legislation must be strict and should take into account adjusting to problems that are prevalent in society, like marital rape. Stricter penalties and their application while adhering to the correct procedures are crucial in today’s world because, once the repercussions are fully known, such crimes will cease.

Legislative actions and social awareness campaigns are instruments of prevention and protection, not of control over women.