The Impact and Social Barriers under Indian Legal System in Special Preferences to Women Protection: Critical Study
DOI:
https://doi.org/10.37591/jclj.v9i2.2130Keywords:
Women’s Safety, Women Protection Laws, Bharatiya Nyaya Sanhita, Domestic Violence, Sexual Harassment, Gender Justice, Legal Implementation, Social Barriers, Access to Justice.Abstract
In India, women's safety and protection are still major issues even if there are several legal protections. A number of laws, such as the Bharatiya Nyaya Sanhita, 2023, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the Dowry Prohibition Act, 1961, and the Protection of Women from Domestic Violence Act, 2005, are designed to shield women from exploitation, violence, and discrimination. This study critically evaluates these legal frameworks' efficacy as well as the difficulties in putting them into practice. The study examines international instruments, government reports, court rulings, statutes, constitutional provisions, and academic literature using a doctrinal and analytical research technique. The results show that weak enforcement of laws, rather than their lack, is the main problem. The effectiveness of legislation protecting women is weakened by slow police response, drawn-out legal proceedings, inadequate investigation, a lack of legal knowledge, and a lack of institutional support. Women are also deterred from pursuing justice by social obstacles such economic reliance, social stigma, patriarchy, and lack of education. The study come to the conclusion that in order to effectively safeguard women, more robust implementation mechanisms, institutional accountability, legal awareness, gender sensitization, and wider societal reforms are needed to close the gap between legal provisions and real-world situations.
References
The Indian constitution of India 1950
Indian penal code, (Act no.45 of 1860)
The criminal procedure, (Act no.2 of 1974)
Bharatiya Nyaya Sanhita (BNS), (Act No. 45 of 2023)
Bharatiya Nagarik Suraksha Sanhita (BNSS), (Act No. 46 of 2023)
The Sexual Harassment of women at workplace (prevention, prohibition and Redressal Act,2013
The equal remuneration Act, (Act no.25 of 1976).
The Maternity Benefit (Amendment) Act, 2017, (Act No. 6 of 2017).
Motiani, J., & Vora, K. (2025). Sexual offences against women in India: a critical analysis of legal frameworks, judicial trends, and societal impact. VIDYA-A JOURNAL OF GUJARAT UNIVERSITY, 4(2), 236-249.
Sarkar, L. (1995). Women’s movement and the legal process.
Khan, N. A. (2013). Women Security and Legal Safeguards in India. Journal of Business Management & Social Sciences Research (JBM&SSR), 2(4)
Sharma, S. (2014). Crime against women
Hussain, T., & Tahir, M. CRIME AGAINST WOMEN AND LEGISLATIONS IN INDIA.
RK, D. (2026). A Critical Evaluation on how IPC & BNS address Women's Rights in Criminal Law. Available at SSRN 6377998
Kumar, S. (2025). OFFENCES AGAINST WOMEN UNDER THE OLD & NEW
CRIMINAL LAWS: A CRITICAL ANALYSIS. International Journal of Cultural Inheritance & Social Sciences ISSN: 2632-7597, 7(13), 179-187.
Saini, D. S. (1983). Dowry prohibition: Law, social change and challenges in India. Indian Journal of Social Work, 44(2), 143-152.
BAHUGUNA, P. (2023). A Critical Review of Laws for Crimes against Women in India: An Analytical Study. JOURNAL OF CRITICAL REVIEWS.
