Sexual Offences against Women in India: A Critical Analysis of Legal Frameworks, Judicial Trends, and Societal Impact

  • Motiani Jaikishan Manoharlal and Dr. Kalpesh Vora
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  • Motiani Jaikishan Manoharlal

    Ph.D. Research Scholar at Monark University, Ahmedabad, Gujarat, India

  • Dr. Kalpesh Vora

    Assistant Professor at Monark University, Ahmedabad, Gujarat, India

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Abstract

This research undertakes a critical analysis of the evolving dynamics of sexual crimes against women in India, from historical evolution, legislation, judicial trends, and social impact. It traces the roots of gender violence through colonial and post-independence legislative reforms, examining milestone legislation like the Criminal Law (Amendment) Acts of 1983 and 2013, the Protection of Children from Sexual Offences (POCSO) Act, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Particular focus is placed on milestone judicial precedents—from Tukaram v. State of Maharashtra to Mukesh v. State (the Nirbhaya case)—that have shaped the framing of consent, dignity of survivors, and victim-centric justice. Despite the progress made, the research discovers persisting challenges, from underreporting, stigma, and procedural defects to gender-insensitive enforcement. The media are subjected to critical analysis both as an agency of change and as a potential agent of secondary victimization. By the provision of comparative insights from the United Kingdom, the United States, and South Africa, the research places India's legal instruments in comparative perspective, mapping gaps in definition, implementation, and intersectionality. It calls for an holistic approach with strong legislative reforms, judicial consistency, gender-sensitive policing, trauma-informed procedures, and restorative forms of justice. The paper concludes that serious interaction with sexual violence requires not just legal reforms but also a shift in societal attitudes, systemic accountability, and survivor-centered rehabilitation. Only through a comprehensive legal and social response can India tackle the pernicious challenge of sexual violence and make progress towards meaningful gender justice.

Keywords

  • Sexual Offences
  • Gender-Based Violence
  • Victim-Centric Justice
  • Intersectionality
  • Media and Sexual Violence

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 4, Page 2081 - 2108

DOI: https://doij.org/10.10000/IJLMH.1110629

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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Copyright © IJLMH 2021