Chapter 1

Introduction
1.1 Introduction
This is a research study in the field of Public Policy, that is, legislation related
to women in India. Before going into the details of the impact of the legislation
on women, it is essential to analyze the status of women historically. Status of
women in different human societies was varied in different historical periods. ”The
history of mankind is a history of repeated injuries and usurpations on the part of
man towards woman, having indirect object the establishment of a tyranny over
her”.1 Within the Indian subcontinent, there have been infinite variations in the
status of women diverging according to cultural malice, family structure, class,
caste, property rights and morals.2 In the words of Pandit Jawaharlal Nehru,
You can tell the condition of a nation by looking at the status of its women.
In many cultures around the globe, even though theoretically the women were
respected, in practice they were subjected to cruelty and ill-treatment in one form
or another by the male counterparts. One of the most unique features of India
is that it is a country of contradictions. Women in India are among the most
oppressed and discriminated in the world, and it is equally true to say that they
are among the most liberated, valued, the most articulate and perhaps even the
most free. The status of women in India has been transformed over the past few
centuries. History of the status of women has traveled through various stages.
From a largely unknown status in ancient times to the promotion of equal rights
1
Womens Rights Conventions, Manifesto, Seneca falls
2
Romila Thapar (1975), Looking Back in History, in Devika Jain, Indian Women, Publica-
tion Division, Ministry of Information and Broadcasting, Government of India, New Delhi.

1
Introduction 2

due to the developmental initiatives in Independent India. An Indian woman

is considered a Goddess and valued as mother, sister, wife and daughter and is
portrayed as the symbol of culture but there is always a gender stereotyping.

1.2 Status of Women in the Ancient Period

A historical analysis of Indian society reveals that, in the Vedic period, women
enjoyed equal status with men. Scriptures in the ancient law say that ”Hav-
ing divided his body into two parts, He, the Lord (Brahman), became male by
means for the (one) half, and female by means of the other, and on the female
he begot Viraj (Ardhanareswara)”. Woman was considered more powerful than
3
man and treated as goddess ”shakti”. No religious ceremony by the hus-
band could bear fruit without her participation. She is the epitome of courage,
boldness, love and affection, sacrifice and suffering. The highest social ends in an-
cient Indian society were Dharma, Artha, Kama and Moksha. Man and woman
participated equally in all activities and she was considered as ’Saha Dharma
Charini’. Ancient Hindu scriptures do not mention the existence of Sati sys-
tem. From times immemorial, women have been considered like Kali, Parvati,
Shakti, Durga, Bhairavi, etc. Manu, who first codified laws in Manusmriti, says
”where women are verily honoured, there the gods rejoice and where they are
not honoured, there all sacred rites prove useless.” Women enjoyed equal status
and freedom of movement and had the same rights and access to reading Vedas,
getting education and upanayana ceremony and having a say in the choice of
their marriage partners. Marriage was regarded as a religious bond and child
marriages were unknown. Often there were love marriages known as Gandharva
Vivaha. Rigveda does not mention or uphold anywhere the practice of burning
or burial of widows with their dead husbands. According to the vedic hymns,
wife and husband had joint ownership rights of property. Women inherited and
possessed property, but their rights were limited. As a daughter, she had no share
in her father’s property. Works by ancient Indian grammarians such as Patanjali

3
Monica Chawla (2006) Gender justice, Women and Law in India: Page 1-2
Introduction 3

and Katyanan suggest that women were educated in the vedic period .4 Rigvedic
verses suggest that women married at a mature age and were probably free to
select their own husbands.5 The wife as grihadharmini controlled the household.
The Rigveda refers to the names of the learned women like Vishwavara, Ghosha,
Apala, who were Rishis and composed hymns and in Upanishad period refers to
Gargi, Maitreyi and Hala who were women of high intellectual attainment. There
was no seclusion of women and they used to move freely in society, often in the
6
company of their lovers (Motherhood and service to the husband became the
attributes of woman). Megasthenes testifies to the growing practice of polygamy,
employment of women as palace guards, bodyguards to the kings, spies, etc.,
and permission of widow remarriage and divorce, etc. The dharma sutra liter-
ature suggests that the abandoning of husband/wife was permitted well before
the beginning of the Christian era under well-defined circumstances. Manu does
not blame a wife if she leaves her husband if he is impotent, insane or suffering
from incurable or contagious diseases. Kautilya was liberal to women in matters
of marriage, contract and divorce. The position enjoyed by women in the Vedic
period deteriorated in post-vedic period, especially during Puranic and Smriti
period. There are terracotta figures discovered from the sites of the Indus valley
civilization which suggest that women had a respectable position in that society.
In the Vedic period, there is no evidence of seclusion of women from domestic
and social affairs. The Arthanareeswar, half man and half woman, was highly
worshiped. The Buddhist texts are much more considerate in treating women.
The suppressed condition of women alarmed Emperor Ashoka who felt the need
to appoint a special group of mahamatta that would be concerned with the wel-
fare of women. Women were allowed to have multiple husbands and there were
indications of matrilineal influence in the society. Brihadaryanaka Upanishad
mentions genealogies of teachers that bear matrilineal influences. Women could

4
Comments to Ashtadyayi 3.3.21 and 4.4.14 by Patanjali
5
R. C. Majumdar and A. D. Pusalker (editors): (1951), The History and Culture of the
Indian People. Volume 1, Vedic Age. Bombay: Bharatiya Vidya Bhavan, P-394.
6
Dr. U. S. Singh (2012), Indian History, 215
Introduction 4

choose their husbands through swayamvara ceremony. Literary evidences sug-

gest that women power destroyed kingdoms and mighty rulers. Elango Adigals
Sillapathigaram mentions that Madurai the capital of Pandyas was burnt when
Pandyan ruler Nedunchezhiyan killed a woman’s husband by mistake. But from
the later Vedic period there is a growing tendency to stratify the society along
gender lines. According to Aiteraya Brahmana, a daughter has been described as
a source of misery. Women lost their political rights of attending assemblies and
child marriages came into existence and Sati become a formal custom during the
later Vedic period.

But from 300 B.C onwards, the status and position of women began to deterio-
rate due to discontinuation of upanayana and the right to education. Pre-puberty
marriages came to be practiced. Dharmashastras make a mention of the prohi-
bition of Niyoga and widow remarriage and that widows were required to spend
a life of penance and austerity. During Gupta and post-Gupta period, equating
women with property took strong roots and women were regarded as means of
satisfying physical desires of men. Just to cite one instance of Mahabharata, it
is said that ”there was no creature more sinful ...woman is the root of all ills” is
sufficient to prove the disrespect towards women.7 The practice of using veils by
women, especially among high caste families, came into vogue. In Kadambhari,
Patralekha is described as wearing a veil of red cloth. Imposition of Brahminical
rules and code of conduct, rigid restrictions imposed by the caste system and joint
family system were the main reasons for the lowering of the status of women in
this period.8 The period clearly marks the growing tendency to stratify society
along gender lines. Much of the colonial writing in the later Vedic age looks at
barbaric practices pertaining to women. Later Vedic age women became weak
and dependent creatures who needed protection and guardianship of man. The
purity and chastity of women had become very important in family life. Ac-

7
Monica Chawla (2006). Gender Justice, 1st edition, Deep and Deep publication Pvt Ltd,
New Delhi,
8
Puja Mondal, (2002), Essay on the Position of Women in India.
Introduction 5

cording to Brahminical law, a woman had to identify herself with her husband
and it made her the property of man. In the process, she was deprived of her
independence and brought under the surveillance of her father, husband and, as
a widow, she depended on her son.9 Max Muller quotes from Grihya sutra where
it is mentioned that women are not allowed to learn the sacred songs of Vedas.
The traditions brought woman into pativratadharma (devotion to the husband)
into slavery by finalizing her duties to serve like dasi to feed like mother and
give advice like a minister and give conjugal satisfaction like Rambha of heaven.
According to Manu, in childhood a woman is subject to her father, in youth to
her husband and when her lord is dead, to her sons. A woman must never be
independent.10

Even though the position of women deteriorated during the age of sutras and
epics, from Mahabharata we learn that a woman should not be forced to marry
or live with a person whom she does not like. Women took part in the sacrifices
and funeral ceremonies. In Mahabharata, there are many instances in which
women used to guide men on religious and social questions. In pre-Mauryan age,
Alexander’s contemporaries portray that women took up the arms of their fallen
relatives and fought side by side with men against the enemies for their country.
In the age of sutras, there was a tendency to reduce the marriageable age and
Upanayana rights which affected the education of women.

Due to the changing social structures and strong hold of patriarchal values,
birth of a daughter was considered as bad during this period and sometimes the
daughters were killed. An analysis of ancient Indian history portray that even
though Indian women occupied equal status in the early Vedic period, their social
position started deteriorating during the later Vedic period.

9
Chakravarti, U.(2003), Gendering Caste through the Feminist Lens, Stree, Calcutta
10
Jain, M. P. (1972) Outline of Indian Legal History, N. M. Tripathi, University of California,
USA, P. 39
Introduction 6

1.3 Status of Women in the Medieval Period

Status of women in India deteriorated during the medieval period with the Muslim
rule. During the medieval period from the 11th to the 18th century, Jauhar and
Sati were unique features of the Rajput period and early marriages and polygamy
were widely prevalent. Women were also forced to practise ’zenana’. This period
is regarded as the Dark Age for Indian women. The status of women deteriorated
which was reflected through the traditions and social evils such as purdah, child
marriage, Sati, illiteracy, polygamy and dowry system. In the Muslim commu-
nity, marriage was considered to be rather a contract than a sacrament. Many
marriages were contracted for Mehr and as per the Sharia law, a woman was
considered as half of a man in status. Divorce among the Muslims was easier
than that among the Hindus. In the selection of the partners, the brides had
no freedom. The birth of a female child was regarded as a curse, a bad luck.
There was curtailment of freedom in matters of education, mate selection, public
appearances, etc. A. S. Altekar, in his book ’The Position of Women in Hindu
Civilization (1962)’, writes ”This for nearly 2000 years from BC 20 to 1800 AD,
the position of women steadily deteriorated though she was fondled by the par-
ents, loved by the husband and revered by her children. The revival of sati,
prohibition of widow remarriage, the spread of purdah and greater prevalence of
polygamy made her position very bad’. They could not even express their opin-
ion. To do so was considered indecent. There was no social intercourse between
men and women. Muslim women were not equal to men in legal matters too and
the system of polygamy lowered their position much more. Widow remarriage
too brought in its wake many disadvantages as the widow remarried into a polyg-
amous family that made her inferior and also brought humiliation. In medieval
India, the nobles and rich Muslims kept a number of wives. Even the rich and
cultured families found it difficult to make special arrangements for the education
of their daughters. The birth of a girl was disliked and a daughter was regarded
as the root of all miseries and the source of unending troubles. The concept of
Introduction 7

Stridhana was recognized to include all kinds of property.

People began to put an exaggerated value on the chastity of women, exactly

in the same measure as they encouraged its absence among men. Even though
a democratic religion, Islam considered women as second class citizens and they
had to observe purdah more strictly. Even though Muslim women could hold
property and obtain divorce, divorce was hardly advantageous to them as they
were denied maintenance allowance. The Muslim women were never allowed to
enter public life or perform worship with men. They were inferior to both, God
and men. Despite this, women like Razia Sultan, Chand Bibi, Tara Bai, Ahaliya
Bai Holkar, Jahanara and Roshanara were recognized for their ruling capabilities.

During the Bhakti Movement, women like Mira Bai, Jana Bai and others were
recognized for their spiritual arising. Due to economic, social and political fac-
tors, women lost honoured place in the course of history. Hindu-Muslim division
during Mughal rule proved unfavourable as it placed more restrictions on them.
They were the victims of widespread illiteracy, segregation, forced child marriage,
rigidity of fidelity and opposition to the remarriage of widows, female infanticide,
sati, and complete denial of individuality and humaneness. The chief reason for
considering the birth of girls as an unwelcome event was the custom of Dowry.
Even though dowry as a custom was meant originally as a security for women, it
became a threat and a cause for their degradation over a period of time.

As per Smriti, since women did not form part of the coparcenary, they did
not have the normal right of joint ownership and could not demand partition.11
The first mention of Stridhana is found in Gautama Dharmasutra. It is not
only a woman’s separate property, but there are distinct and separate rules for
succession thereto.12 Manu also laid down six forms of stridhana consisting of
gifts by relatives on various occasions. Neither the husband, nor the son, nor

11
Flavia Agnes (2011) Law and Gender Inequality : The Politics of Womens Rights in India,
Page 15
12
Gautama Dharmasutra XXVIII, pp 24-26
Introduction 8

the father, nor the brothers have authority over stridhana to take it or to give
it away. This injunction is almost in the nature of a warning to male members
to lay their hands off women’s property.13 A custom of handing over a piece
of land to the daughter at the time of her marriage prevailed within the Madras
presidency. This was her stridhana which devolved on the female heirs and passed
from mother to daughter known as manjalkani.14

All the above references are enough to infer that stridhana, an ancient cus-
tom, which emerged as the women’s property rights, turned out to be a social
evil of dowry in the later Vedic period, a source of violence and discrimination
against her, devalued her in the social arena as a weapon to politically domi-
nate and control her sexuality and to dissuade her from entering into remarriage
and acquiring property. This age-old customary practice is the source of gender
inequality even today. It was impossible to marry girls to suitable bridegrooms
without a handsome dowry being given by the bride’s parents to the bridegroom’s
parents.15 The gravity of child marriage is referred in Dhota-Maru-ri-vat- when
Marwari and Dhota in Rajasthan were married, the bride was a year and a half
old and the bridegroom three years old.16 The customs of Sati gained popularity
as it was an expression of the fact that the women don’t have any status and
survival, except as the wife of some man. Widows in medieval India suffered from
many taboos and social disabilities. As divorce is not allowed by customs and
Dharmasastras as it is against the idea of indissolubility of marriage, it led to
the increase of adultery in society. The upper and middle class woman had less
freedom than those of the lower class women. Throughout the 19th century, both
the social reformers and Britishers tried to reform the social fabric and to bring
justice and equality to women. Protestant movements within the Hindu religion
like Buddhism, Jainism, Vaishnavism and Sikhism tried to improve the woman’s
13
Gill. K. (1986) Hindu women’s right to property in India, Page-877
14
Mukund, K. (1992). Turmeric Land - Women’s Property Rights in Tamil Society since
Medieval Times, Economic and Political Weekly XXVII/17
15
K.N. Chitnis (2005), Socio-Economic History of Medieval India, Page 93
16
G. N. Sharma, Social Life in Medieval Rajasthan Page. 113
Introduction 9

status with regard to religious practices. But they too regarded women as wives
and mothers and inferior to men.

1.4 Status of Women During British Period

During the British period too, women’s status remained dehumanising and dis-
criminatory, but some substantial progress was achieved in eliminating inequali-
ties in education, employment and property rights among men and women. Euro-
pean scholars observed in 19th century that Hindu women are ”naturally chaste”
and ”more virtuous than other women”.17 Initially British rulers decided not to
interfere with the traditional social fabric of Indian people and, as such, they
took no steps to bring any changes in the status of women in India. It is only
in the later half of the 19th century and the first quarter of the 20 th century
that they took some steps to abolish or change social customs through legislative
measures by the encouragement provided to them by social reformers such as
Raja Ram Mohan Roy, Iswar Chandra Vidyasagar, Dayanand Saraswati, Keshab
Chandra Sen, Swami Vivekanand, Maharshi Karve, Justice Ranade, Mahatma
Gandhi and others.

In the 19th century, the social reform movement such as Brahmo Samaj, Arya
Samaj, Prarthana Samaj, Ramakrishna Mission, etc., had taken initiative for the
education and upliftment of women, but the social fabric remained the same.
Upliftment of women was also on the social agenda of Mahatma Gandhi and he
tried to bring them together into the public and political life during his freedom
struggle movement. Indian women had become victims of male domination and
patriarchy. Incidents of rape, murder, dowry death, burning, acid attacks, female
infanticide, wife beating and discrimination and domination in socio-economic
and political field were the order of the day. There was widespread economic,
educational and social deprivation for women and decision making over their
resources moreover on their own bodies became almost impossible. Research
17
Rao Mamta (2005). Law Relating to Women and Children, 1st edition, Eastern Book
Company, Page 22.
Introduction 10

has established that Violence against women is related to traditional gender role
expectations and masculine ideologies.18 Kittur Chennamma, the queen of the
princely state of Kittur in Karnataka, led an armed rebellion against British in
response to the doctrine of lapse. Abakka Rani, the queen of coastal Karnataka,
led the defence against invading European armies, notably the Portuguese, in the
16th century. Rani Lakshmi Bai, the queen of Jhansi, led the armed rebellion of
1857 against the British. The Begum of Bhopal was also among the few of the
notable female rulers who did not observe purdah and were trained in martial arts.
Chandramukhi Basu, Kadambini Ganguly and Anandi Gopal Joshi were a few
of the earliest Indian women to obtain educational degrees. The most important
legislations related to the problems faced by the Indian (Hindu) women passed
during the British period were as follows19 : Abolition of Sati Act, 1813, The
Hindu Widow Remarriage Act, 1856, Civil marriage Act, 1872, Married women’s
property Act, 1874, The Child Marriage Restraint Act (Sharda Act) 1929, Hindu
Law of Inheritance Act, 1929, Hindu Women’s Right to Property Act, 1939, and
Hindu Marriage Disabilities Removal Act, 1946.

Besides these, many provincial governments also enacted some legislations, for
example, in 1779, infanticide was declared to be a murder by the Bengal regulation
XXI. The ideas of imparting education in a formal manner first emerged during
the British period. Christian missionaries took great interest to impart education
to the girls. It was in 1824 that the first school for girls started in Mumbai. In
1882, girls were allowed to pursue higher education, which changed the outlook
and resulted in raising the age of marriage. Women played an important role
in the Indian freedom struggle. Some of the famous freedom fighters include
Bhikaji Cama, Dr. Annie Besant, Pritilata Waddedar, Vijayalakshmi Pandit,
Rajkumari Amrit Kaur, Anjali Ammal, Aruna Asaf Ali, Muthu lakshmi Reddy,
Durgabhai Deshmukh, Sucheta Kripalani and Kasturba Ganadhi. The leaders

18
White, H. R. and Chen, P-H (2002). Problem drinking and intimate partner violence.
Journal of Studies on Alcohol, 63: 205-214.
19
Kanti, N. C. (2006). Gender Justice, R Cambray & Co. Pvt. Ltd.
Introduction 11

of the national movement realized that the liberation of the country from the
bondage of imperialism was impossible without the active participation of women
who constitute half of the population of the country.

1.5 Women in Post-Independence India

The decades after independence have seen tremendous changes in the position
of Indian women. The constitution of India has laid down fundamental rights
valuing equality of sexes. International law has successfully recognized the varied
forms and aspects of violence against women, of which domestic violence forms
an important part. India has endorsed different international conventions and
human rights mechanisms to protect equal rights for women. Notable among
these ratifications was that of the Convention on elimination of all forms of Dis-
crimination against Women (CEDAW) in 1993. Other international initiatives
including the Mexican plan of Action (1975), Nairobi Forward Looking Strategies
(1985), Beijing declaration and plan of Action (1995). All these international ini-
tiatives have been endorsed by India. Still, there exists a wide crack between the
goals expressed in the constitution, legislations, plans, policies, related mecha-
nisms and programs on the one hand and the situational veracity of the position
of women in India on the other. In the constitution of India, Article 15 prohibits
discrimination on the grounds of religion, race, caste, sex or place of birth. Article
15(3) says, ”Nothing in this article can prevent the state from making any special
provisions for women and children.” This has actually granted special powers to
the government to pass laws and policies for the benefit of women.

The Indian parliament has often invoked Article 15 to pass special legislative
or executive measures to protect women, which have generally been upheld by
the courts.20 Article 16 of the constitution also explicitly mentions equal oppor-
tunities for all and prohibits discrimination against women. As per this article,
no citizen shall, on grounds of religion, race, caste, sex, descent, place of birth,
20
Lawyers Collective (2012). Women’s Rights initiatives, on the protection of Women from
Domestic violence Act 2005
Introduction 12

residence or any of them, be ineligible for or discriminated against in respect of

any employment or office under the state. Article 39 states that citizens, men
and women equally, have the right to an adequate means of livelihood, there is
equal pay for equal work for both men and women and that health and strength
of the workers, men and women, and the tender age of children are not abused
and that citizens are not forced by economic necessity to enter vocations unsuited
to their age or strength.

Article 51 A,21 which is about fundamental duties, also stresses on promoting

harmony and brotherhood amongst the people of India surpassing religious, re-
gional, and sectional differences to repudiate the practices insulting to the dignity
of women. Article 243D22 also aims at political empowerment of women through
reservation of seats. The constitution enjoins the state to undertake affirmative
action on behalf of women. In 1961, the Dowry prohibition Act came into effect
and criminalized the acts of giving and taking dowry. However, the act did not
effectively curtail the practice of Dowry.23 The Indian parliament passed the
dowry prohibition (Amendment) Acts in 1984 and 1986. The campaign to end
dowry-related domestic violence eventually led to the passage of the Criminal
Laws (second Amendment) Act in 1983, which commenced Section 498A in the
IPC (1860).24 Indian evidence Act was amended to presume that a dowry death
occurs whenever evidence indicates that a bride has been subjected to harassment
or cruelty in relation to a dowry shortly before the death.25

Maternity Benefit Act (1961), Hindu Minority and Guardians Act 1956, Medi-
cal Termination of Pregnancy Act, 1971, The Indecent Representation of Women
(Prohibition) Act, 1986, The Immoral Traffic Prevention Act, 1956, Maternity
Benefit Act, 1961, Section 66 of the Factories Act, 1948, the recent Protection of

21
The Constitution of India
22
Ibid
23
Ghosh and Chaudhary, Supra note 19 at 320
24
The Criminal Law (Second Amendment) Act No 46 of 1983, India
25
Carlson-Whitley Supra note 7, P. 645
Introduction 13

women against sexual harassment at workplace Bill, 2007, amendment to the law
on rape, Section 498(A) of the IPC, 1860, Prenatal Diagnostic Technique Reg-
ulation and Prevention of Misuse, 1994, and Hindu succession Amendment Act,
2005, are the successive progressive legislations for the empowerment of women
which would seem to provide a positive picture of the achievement of the various
women’s groups. In 1990, with an act of the parliament, National Commission
of Women was established with a view to safeguard the rights and legal claims of
women. In 1992, the government created this statutory body with a special man-
date to monitor and evaluate the constitutional and legal safeguards imparted for
women and to evaluate the existing legislations and to recommend amendments,
if obligatory. In 1993, the 73rd and 74th amendments to the constitution of India
have granted reservation of seats in Panchayats and Municipalities for women,
laying a strong foundation for the participation of women in decision-making at
rural levels.

The women’s reservation bills (The Constitution, 108th Amendment Bill, 2008)
seeks to reserve one third of all seats for women in the Lok Sabha and in the
Legislative Assemblies of the states. Despite the legal protections, there still
exists a wide social tolerance for wife abuse which is considered justifiable under
many circumstances. Women’s acceptance of violence, due to the culture, society
and state being based on patriarchal set up, is the reason for its perpetuation.
An important part of the power relationship between spouses and their families
relates to dowry and its ramifications.26 The organisation, structure and practices
of our social institutions emphasize the ways in which the entrenched, powerful
and relatively taken-for-granted aspects of the social order produce and reproduce
gender distinctions and inequality.27 The women’s rights movement in India
has drawn from these sources to advocate gender laws that meet international
standards. For example, in the landmark Vishaka Vs. Rajasthan litigation, the
advocates urged the Supreme Court to draw on international law to fill in the

26
Karlekar. M (1998), ”Domestic Violence” Economic & Political Weekly 33(27), 1741
27
Anand, (2014), Gender Social Education, Challenges and Strategies, Regal Publishers
Introduction 14

gaps in the existing legal framework on sexual harassment.

The principle of gender equality is enshrined in the Indian constitution. India

has always been an inexorable champion of the cause of women at all interna-
tional and national fora. The public policy makers realize that development
cannot take roots if they ignore women, who represent the very kernel around
which the change must take shape. Within the framework of a democratic polity,
state policies and programs even though women’s welfare and empowerment is
targeted there exist a wide break between objectives of the constitutions and sit-
uational realities as has been mentioned in the Shramshakti report, 1988, and in
the Report of the committee on the status of women in India. The state, the key
agent of women’s empowerment, empowers women primarily through its public
policy. R.K. Sapru defines public policy as a purposive course of action taken by
those in power in pursuit of certain goals or objectives. Public policies are policies
adopted and implemented by government bodies and officials. David Easton de-
fines public policy as ”the authoritative allocation of values for the whole society.
Public policies must be politically feasible, socially accepted and economically
viable. Public Policies must be articulated and executed depending upon the
nation’s legal principles. Law is an articulation of public policy. Legislation is
the mechanism used to implement many of our policies and policy experiences
are the driving force to enact various laws. Legislation is the reflection of public
opinion, public demands and public will. In its broad sense, the term law in-
cludes any rule of action: that is to say any standard or pattern to which actions
(whether the acts of rational agents or the operations of nature) are or ought to
be long-established. Legislation is a mechanism used to implement many of our
policies. Policy experiences are the driving force to enact various laws.

Legislatures in India have, from the outset, enacted various legislations to pro-
tect women from violence and bring them into the mainstream of development.
But the concept of rule of law underlying the legal edifice at the disposal of
state portrays an impersonality and detachment drawing an intra-state differ-
Introduction 15

entiation between legislation, administration and adjudication. The underlying

question is whether successive enactments are the positive picture of achievement
for women? If we study the enactment for women in India, we recognize that
there are too many disparities between the initial demands raised by women’s
campaigns as well as the recommendations made by the law commission and the
final enactment. Laws are framed more as a token of gesture than from any
genuine concerns for changing the state of affairs of women. They are beneficial
only for some sections of women and are full of loopholes. Even after 60 years of
Independence, violence against women is continuing with same magnitude in our
Mother India. Whether social change and gender justice can be achieved merely
by passing stricter laws? Why are these initiatives not effective to tackle their
problems? Whether women can approach the state to redress their grievances?
This research tries to answer these questions by analyzing the execution of the
National Policy for the Empowerment of Women-2001. This research tries to
investigate how far public policy has taken law as an instrument to achieve its
goal. The goal of this policy is to ”bring about the advancement, development
and empowerment of Women”. So this study will concentrate on one of the nine
objectives of this policy, namely ”Strengthening legal systems aimed at eliminat-
ing all forms of discrimination against women”. This research will analyze how
far the legal system is functional in supporting the Indian Women to redress their
grievances after the introduction and implementation of this policy. What role, if
any, does the official community (police / judiciary) have in protecting woman?

1.6 Rationale and Significance of the Study

Even though many reports are available on the critique of diverse public policy
for Women, and women’s standpoint on the public policy in India, a detailed
analysis of the execution of the National policy for the Empowerment of Women-
2001 with special reference to the relevance of legislation is unavailable. Some
seminal work has been conducted on the various social legislations for women,
ranging from a critique of the existing laws and their implementation. An in-
Introduction 16

depth social and political analysis of the intentions of these varied enactments
and their positive or negative effects on women is still un attempted.

This research will throw light on the relevance of National policy for Women’s
empowerment by analyzing the rate in which legislations has been utilized by the
womenfolk and determine how these initiatives are vital for women’s advance-
ment. By correlating the political and social actions of the state, this research
will contemplate the welfare dimension of state. The scope of this research encom-
passes the dimension of Public administration, especially the utility of legislation
as an instrument in achieving the goal of Public policy. As there is a paucity of
research in this particular area, this research will enrich the existing literature
and will be of use for lawmakers, policy makers, Women activists, political and
social analysts, leaders, academicians and social science researchers in general.

1.7 Statement of Aims and Objectives

1. Against the backdrop of the National policy for the Empowerment of Women-
2001, this research is aimed at unveiling as to how far the state is successful
in attaining its objective of strengthening the legal systems to eliminate all
forms of discrimination and violence against women.

2. The Inquiry will also lead to find out whether Women, family, society and
state have benefited by the legislations of Family Courts Act, 1984, Protec-
tion of Women from domestic violence Act, 2005, and IPC 498 A or if there
were pressures involved while enacting and implementing these particular
legislations and policies.

3. The study will highlight whether the Protection of Women From the Domes-
tic violence Act has created spaces for dialogue and reconciliation between
parties in domestic violence cases or not.

One assumption is that Public policy and law is the key to tackle the problems
of Society. Public policy is based on law and it commands the obedience of the
Introduction 17

citizens. Public policy and law is the mechanism for moving the social and politi-
cal system from the past to the future. But in a society, which is diverse in terms
of literacy rate, family patterns, religions, local political systems, infrastructure,
health facilities, customs and culture, the impact of these policies and legislations
will not be the same. While legislating on women, the legislature has to keep in
mind the various aspects which bind individuals, or families, either to prevent
from violation of other laws or to lead them to abide by other laws. As Indian
Society is different, we cannot imitate and enact the international pattern of laws
and policies. The state has to provide equal opportunities to everyone lest there
is a serious conflict. At the same time, individual rights cannot become a barrier
for others and to the state.

A study of Governmental policy and enactment on Women and its impact and
effect on Women and institutions like Marriage, Family, etc., is required to be
undertaken since the status of individual vis--vis the state appears to be under
pressure in some quarters. The question is whether the purpose of the policy or
Act was served at all? There is an impression that some Acts are reported to
have been misused, misinterpreted, thereby unleashing uninvited problems in the
society. For Example, Section 498(A) of the IPC or Prevention of the Atrocities
Act, Special Marriages Act, etc. While inquiring into the problems of legislation
giving rise to cleavages and dissents in the society, a study is imperative to unveil
the impact in so far as its usefulness and propriety is concerned. The rise in
crimes committed against women may perhaps throw light on this problem.

Amendment and inclusion of punitive action under the provisions of IPC throw
light on social crimes committed by individuals in the society. Amendment to
Section 498 i.e. Section 498(A) is a typical example in this regard. When the
number of reported dowry deaths was brought to the notice of the lawmakers,
Section 498(A) was incorporated in the IPC. This amendment was supposed to
prevent misbehaviour of the erring grooms’ parental families.

The recently passed enactment ”Domestic Violence Act, 2005, which is passed
Introduction 18

to execute National Policy for the Empowerment of Women also aims at improv-
ing gender justice right into the family institution, where under the womenfolk
henceforth need not find themselves in uncertain and precarious conditions. The
state has brought forward this particular legislation to enlighten the male popula-
tion and dissuade them from ill- treating the female gender. Even the enactment
on prohibition of dowry is an example of punitive action by the state against the
greedy behaviour of the parents who treat this typical social custom (of dowry) as
an ill-conceived source of income. The enactment on divorce expects the family
disputes to be settled keeping in view the interests of the individuals while up-
holding the sanctity of the marriage institutions. With the provision to provide
maintenance allowance to Muslim Women by their husbands under Section 125
of the Muslim law, the state seems to bring all womenfolk (Hindu, Muslim and
Christian) on an equal footing, irrespective of religion or faiths.

As it is not practical to measure the significance of all legislations enacted so

far for women, this research will focus on the following enactments only:-

Protection of Women from Domestic Violence Act, (PWDVA) 2005 -

Central Act

As this is the vital legislation enacted after the implementation of the National
policy for the empowerment of Women 2001, it is crucial to assess the execution
of this legislation.

Section 498(A) of the IPC 1860 - Central Act

This is a criminal law amended to eradicate dowry from our society. This act
protects married women in their husbands’ families from dowry-related atrocities.
Our research will focus on the effect of this criminal law.

Family Courts Act, 1984 - Central Act

This is an act to provide for the establishment of Family Courts with a view to
promoting conciliation in, and secure speedy settlement of, disputes relating to
Introduction 19

marriage and family affairs and for matters connected therewith. In this research,
we will focus on the performance level of the family courts to support women.

Hypothesis:

Our investigation will be towards assessing the following hypotheses within the
study area of research:

1. There is a significant difference in the conviction rates related to domestic

violence before and after the enactment of the law.

2. Protection of Women from the Domestic violence Act (2005) is creating

spaces for dialogue and reconciliation between parties in domestic violence
cases.

3. There is a significant increase in the Conviction rate after the execution of

the National policy for the Empowerment of Women-2001.

4. The family courts are effective in terms of promoting conciliation in, and
secure speedy settlement of, disputes relating to marriage and family affairs
and for matters connected therewith.

1.8 Methodology
The hypotheses need to be statistically tested using the empirical data collected.
The quantification is possible to a limited extent by collecting the data in the
form of complaints lodged in the police stations. In such a quantification ap-
proach, the numeric cannot be a decisive factor. But the random sample in this
regard will initiate the adjudication of the hypothesis. This research is exclu-
sively based on secondary data. The research will analyse cases, Supreme Court
judgements, legislative debates, crime statistics and other forms of secondary
data using standard statistical techniques.
Introduction 20

1.9 Review of Literature

The law callously framed, more as a token gesture than from genuine concern,
for changing the status with regard to women, was full of loopholes. In most
cases, there was a wide disparity between the initial demands raised by the
women’s campaigns as well as the recommendations by law commissions and
the final enactment. There is a misconception among the police and criminal
lawyers that women misuse the section 498(A). While it is true that a signifi-
cant number of cases filed under this section are subsequently withdrawn, the
complexities of women’s lives, particularly within a violent marriage, have to be
taken into account. The various alternatives that she has to choose from, each
one itself a compromise, may make it impossible for her to follow up the criminal
case. The existing laws which confer excessive power on the state need serious
re-examination. According to Flavia Agnes, the women’s movement is too in-
significant at this point to monitor the implementation of these laws and prevent
their misuse.28 Foucault points out, judgement is passed not only on the crimes
defined by the code, but on the shadows lurking behind the case, on passions,
instincts, anomalies. In short, on the deviations from dominant norms29 that is
which law legitimates, feminist practice questions. Commenting on Kapur and
Cossman (1996) that the regulating and defining force of law is directed towards
the creating and naturalizing of specific, governable identities, the law cannot be
a ’subversive site’, Nivedita Menon believed that, at best, we may be able to use
existing legal provisions creatively in such a way that we might negotiate some
spaces outside and around prescribed identities.30

The major criticism that emerged was that the Legal campaigns are, at the
most, a broad strategy to create public awareness and to secure some short term

28
Flavia Agnes (1997), State and Politics in India: Protecting Women Against Violence :
Review of a Decade of Legislation, Sage Publication
29
Michel Foucault (1995), Discipline and Punish: the Birth of the Prison, Vintage Books.
30
Nivedita Menon ( 1999,) Gender and Politics in India, Oxford University press
Introduction 21

legal redress.31 Nandita Haksar urges the incorporation into legal practice of
an understanding of the political and social basis for gender injustice, Nivedita
Menon makes the point that law reform cannot be divorced from the more funda-
mental struggle to transform social values (1994)32 . Omvedt holds that lobbying
for legal reform by urban-based groups wastes energy without achieving much.
Such a strategy, in her opinion, offers little challenge to the social, systematic
basis of increasing atrocities against women.33 Nivedita Menon, in her essay
on Rights, bodies and the law, concludes by saying that we need to configure
rights outside the domain of the state, which might render ’rights’ un recognis-
able in present terms. We need to re conceptualise the state as exceeding Law
and Rights. She concludes with this question, ”What would a political practice
which is radically decentered from the arena of the state and the law look like?
”.34

Ratna Kapur and Brenda Cossman, in their work, On Women, Equality and
the Constitution: through the Looking glass of Feminism (1999), described a
substantive model of equality, and have attempted to reveal the extent to which
this alternative vision of equality has informed judicial interpretation.35

In this model, equality is not a question of sameness and difference, but rather
a question of disadvantage. Within a substantive model of equality, the central
question is whether the impugned legislation contributes to the subordination of
the disadvantaged group, or to overcoming that subordination.

The reactions to the judgement will be different for various communities. The
reaction to the Shah Bano judgement was unfavourable in Muslim circles. Prime

31
[Link] and N. Shah (1992) The issues at stake, Kali for women
32
N. Menon( 2007)Recovering subversion: feminist politics beyond the law, permanent black
publication
33
Omvedt, Gail (1986), Violence against women, New movements and New theories in India,
Kali for Women
34
Nivedita Menon(1997) : Essay on Rights, Bodies and the Law
35
Ratna Kapur Brenda Cossman (1999), NCW, Equal justice to Women
Introduction 22

Minister Rajeev Gandhi realised the gravity of the situation. Like many others,
he had originally found, in the Shah Bano ruling, relief for distressed Muslim
women. But the growing agitations of Muslims across the country prompted a
reassessment and Law minister [Link] then introduced, in the Lok Sabha, the
Muslim Women (Prevention of Rights of Divorce) Bill, 1986.

The socio-legal order, in which people in society have little or no faith, and
which does not seem to answer their minimal needs of consistency, dependability,
security and fairness is bound to give rise to a vast-spread neurosis and paranoia
triggering a wide variety of deviances. Resultantly, all of these deviances would
have the potential of making the Indian social system porous, devoid of any sense
of protection and belongingness for its individual members.36

Upendra Baxi’s The crisis of the Indian Legal System (1982) dealing with
courts, police, Prison, Law, reforms, Nyaya panchayat, addresses itself to some
basic questions regarding the structure and functioning of the contemporary le-
gal system. Still another noteworthy contribution in this area has been that of
Yogendra Singh. Two of his papers are relevant, Legal system, legitimation and
social change (1978), Law and Social change in India: A Sociological perspective
(1986), In the first paper, while examining the relationship between the legal
system and legitimation in both the British India and contemporary India, Singh
uncovers a basic change, which has come about in the legitimation function of
law. In the second paper, Yogendra Singh brings out the emergent contradictions
in free Indian society, consequent upon the implementation of the rational legal
system. Law does not stand as a neutral umpire between the two contending
parties. Another variant of contributions under this category relates to sociolog-
ical interpretations of genesis of traditional juridical ideas by anchoring them in
their respective social, structural and historical settings (Indra Deva and Shri-
ram, 1980, 1986). They explode the myth of a monolithic corpus of traditional
Indian Law. J.D.M. Derret and Robert Lingat have facilitated another celebrated

36
J.S Gandhi (2004) Law, State and Society - Indian Context, Rawat Publication, Delhi
Introduction 23

work on Hindu law to fill the gap. Werner F. Menski (2003) has offered another
noteworthy contribution in this area, which examined Hindu law from ancient
period to its emergence as a post-modern phenomenon in the 20th century.

Saraswati Haider, in her article, National Policy for Women in India, 1996-A
critique, argued that from the woman’s point of view, the notion of equality is a
double-edged sword. It is through the ideal of equality that women have gained
some political rights on the same level as men and that equal legislation prevents
the arbitrary treatment of women. She mentions that this policy expects the
women to be superhuman, doing everything single-handedly. In her words, the
national policy of Women in India covers an impractically wide agenda identifying
and attempting to tackle practically everything that requires to be done for the
upliftment of women which makes one wonder if this policy document would not
also turn out to be but so much rhetoric, all bluster and bomb blast, signifying
nothing?37

Ratna Kapur, in her work, Feminist Engagements with the law in India, while
answering the question whether law can be a subversive site, expressed that law
might in some circumstances, be able to challenge dominant discourses that have
contributed to and reinforced women’s subordination. She has argued that any
and all feminist engagement with law must begin with a thorough examination
of the limitations of law. Renegotiating the boundaries of law and reimagining
our strategies can only discover the subversive potential of law. Ratna Kapur
suggests that law’s relationship to women’s oppression is not always the same; law
does not always operate in the same way, nor does it always produce consistent
results. Carol Smart has described this contradictory role of law in Women’s
subordination as the ”uneven development of law”. ”Law both facilitates change
and is an obstacle to change.38 Zoya Hassan in her work Minority identity, state

37
Saraswati Haider (1997) National policy for women in India 1996, a critique, Social Scien-
tist.
38
Smart Carol (1986) ”Feminism and law: some problems of Analysis and strategy: Interna-
tional Journal of Sociology of Law.
Introduction 24

policy and the political processes, highlights the mutual complementarity of the
government and religious leadership in reinforcing communal identity and the
effect of this mutualism on legal reform. ”The family in India has not been
a cradle for nurturing democratic values. The need for a democratic family
structure is a major challenge for the families and not just for women”. (Approach
paper for plan of Action, International Year of the Family-1993). The richest,
most varied and most typical arena of women’s political engagement is found in
the politics of everyday life.39

Feminists challenging the liberal models of politics argue that the present con-
ception of politics is a male one and women’s concerns cannot be accommodated
within such framework. The expectation of gains from representational politics
marks a shift in the strategy of Women’s movement since the 1980s40 Nisha Sri-
vastava, in her work, while assessing socio-economic context of UP, reports that
modern dowry is an increasingly important cause of domestic violence, due to the
harassment that young brides face to force them to bring more dowry. Women
cannot win; they have virtually no rights in the moral universe of rural UP, where
they are seen as the mere chattels of men. Srivastava observes that ’the silence
of the tomb’ envelops the issue of domestic violence and that ’registering a case
with the police is regarded as more of an aberration than a practice because the
police and judiciary are known to be totally unsympathetic to women.41 Shail
Mayaram notes that a state policy for women in Rajasthan was announced in
2000, but the women’s Resource centre set up in pursuit of policy, was housed in
an environment that was hostile to the presence of representatives of the women’s
movement. Further, the way the new Rajasthan state Women’s commission set up
under the same policy is working, demonstrates how excellent legislation, drafted
with the help of feminist groups, can be sabotaged by the modes of institutional
39
Chaudhary, Nelson et al. (1994), Protest, policy and the problem of violence against
women: A cross-national comparison.
40
Kumud Sharma (2005) Centre for women’s development (CWDS) occasional paper.
41
Srivastava, N. (2002). Multiple dimensions of violence against rural women in Uttar
Pradesh: macro and micro realities, Kali for Women.
Introduction 25

functioning within a statist context.42 Karin Kapadia (2002) observes that nei-
ther social justice nor the interests of women are being served by contemporary
development policies. Feminist politics cannot stop with the mere inclusion of
women in politics. ”The issue is one of an alternative politics and a deeper moral
discourse”.43

1.10 Theoretical Framework

Symbolic interaction theory:

The theory analyzes society by focusing on the subjective meanings that people
impose on objects, events and behaviours. It emphasizes on subjective meaning
as the basic premise is that people behave based on what they believe and not just
on what is objectively true. Thus, society is thought to be socially constructed
through human interpretation. Critical aspects of our social life such as race and
gender especially benefit through an analysis of the symbolic interaction theory.
Since both these constructs have no innate biological differences, both race and
gender are social constructs that function based on what we believe to be true
about certain groups, and what qualities or attributes they supposedly possess.

Feminist legal theory:

Feminist legal theory has reshaped practice and practice has in turn reshaped
theory.44 Feminist legal theory has evolved into four major schools: formal
equality theory, Cultural feminism, dominance theory and post-modern or anti-
essentialist theory.45 Formal equality theory, grounded in liberal democratic
thought, argues that women should be treated the same as men, while cultural
feminists emphasize the need to take account of differences between men and

42
Mayaram, S. (2002). New modes of violence: the backlash against women in Panchayat
system, Kali for Women.
43
Kapadia, K. (2002). The violence of development, The politics of identity, gender and
social inequalities in India, Kali for Women.
44
Schneider, Dialectic, Supra note 1, at 604-05
45
Becker et al., Supra note 3, at 68-98, 110-35
Introduction 26

women. Dominance theory sidesteps both of these approaches, focusing instead

upon the embedded structures of power that make men’s characteristics the norm
from which difference is constructed. Anti-essentialism, by contrast, claims that
there is no single category female, pointing to the varying perspectives resulting,
for example, from intersection of gender, race and class. All three later approaches
emerged to address the limits of formal equality in redressing sex discrimination.

Marxist feminism:

It is one branch of feminism that enquires into and explains women’s sub-
jugation through the system of capitalism and private property. In their view,
capitalist economy is restructured in such a way that the women’s work in their
domestic sphere is not valued and compensated in the public sphere. In their
view, women’s labour and sexual faculties are controlled by men and institution-
alised through nuclear family. The State emerged as protecting the interests of
the elite class, by erecting gender structures that support the capitalist system.
The nuclear family exists for the benefit of the state and capital. Subordination
of women within family not only provides domestic labour for individual men
but also maintains a reserve workforce. The labour of women and children was,
therefore, the first thing sought for by capitalists who used machinery. That
mighty substitute for labour and labourers was forthwith changed into a means
for increasing the number of wage-labourers by enrolling, under the direct sway of
capital, every member of the workman’s family, without distinction of age or sex.
Compulsory work for the capitalist usurped the place, not only of the children’s
play, but also of free labour at home within moderate limits of the support of
the family.46 ”To alter the position of women at the root is possible only if all
47
the conditions of social, family, and domestic existence are altered.” Marxists
argue that it is the frustrations of working in the capitalist systems which are
the main, even if indirect, cause of domestic violence. But Simone de Beauvoir
believed that women are oppressed by an inequality between the sexes, she also
46
Karl Marx, (1867). Das Capital, 1, p. 394-5
47
Trotsky, (1973) Women and the Family, Pathfinder, London, p. 45.
Introduction 27

believes there is an escape by economic means.48 In their view, gender oppression

is closely related to class oppression and women’s subordination is the function
of class oppression as it will serve the interests of the ruling class and capitalist
class by excluding domestic work as a productive labour. In their view, liberation
is possible by ending the class oppression and by recognizing their work in public
sphere.

Social feminism: Social feminism is a branch of feminism which is looking at the

public and private spheres of a woman’s life and according to the social feminist
sources, women’s oppression is not only rooted in patriarchy or in the culture
but also in the capitalism and in the economy. Women’s subjugation to men is
not only based on patriarchal social relations but on an uneven distribution of
wealth between men and women and the related economic dependence. In their
view, women’s liberation and well-being is fundamental for social, political and
economic justice. Both Marxism and Feminism provide accounts of how social
arrangements of control patterned power disparity are internalized and unjust.
While Marxism talks of class, capital and control, feminism is talking of sexuality
and sexual right. All these theoretical approaches are used to explain the findings
of this research.

1.11 Scheme of Chapters

Chapter 2 entitled ”Public policy, issues in public policy making in India” con-
tains a detailed analysis of public policy, correlation between public policy and
law, characteristics of public policy, actors in the public policy making, public
policy and its implementation structure in India and evaluation and is concluded
by finding politics of public making.

The third chapter ”Women and public policy” concentrates on women and pol-
icy in India with elaborate citations of women as a separate category, women’s

48
Rosemarie Tong, (1989). Feminist Thought: A Comprehensive Introduction, Boulder and
San Francisco: Westview Press, p. 211.
Introduction 28

rights’ perspective in India, UN initiatives for women and impact on Indian con-
stitution, role of women’s groups for positive change and women’s governments,
governmental initiatives for women and gender empowerment policy of women,
policy of women - 2001, and highlights the Implementation mechanisms and issues
of women’s policy in India.

In the fourth chapter, ”Enactment for women” a detailed reference to the

three enactments of this research, namely IPC 498 A, Family Courts Act, 1984,
and the Protection of women from the Domestic violence Act, 2005, is made
with a detailed discussion on the objectives of the Acts, provisions of the Acts,
implementation machineries, and punishment for the violators and the challenges
of these legislations.

In the fifth chapter, ”Analysis of data and testing the hypothesis” detailed
case studies, Supreme Court judgments and the report of the interviews of the
stakeholders and secondary data analysis relating to these three enactments is
conducted which helps to test the hypothesis of the study.

Chapter six analyses the state-society interrelation and the theoretical under-
pinnings of this research relating to Feminist legal theory and Marxist theory.
Based on the findings, conclusions of the research are narrated along with sug-
gestions and recommendations.

1.12 Conclusion
Even though all these enactments are passed with a purpose to protect women
from violence, misuse, improper implementation mechanisms and loopholes are
plenty. Each law bestows more power in the hands of the state enforcement ma-
chinery. Stricter punishment also reflects less conviction under that law. Misuse
of laws like IPC 498 A, instead of bringing gender justice, will result in gender
abuse and breakdown of family as an institution. Women’s movement is insignif-
icant to monitor the implementation of these laws and prevent their misuse. In
rural areas, women are more likely to be tied, both economically and by tradition,
Introduction 29

to the property owned by their husband’s family for subsistence. Despite legal
efforts to give women financial status, lack of clear marital property rights still
leaves many women, who file claims, without the economic resources to support
themselves. Police do not prioritize dowry death and domestic violence because
of their view that family rather than the state is the best forum to resolve the
conflicts. Despite the laws to combat corruption, due to the bribery in the gov-
ernment and society, it is difficult for the lower economic strata to use the judicial
remedies and appeal in higher courts. The need of the hour is to have widespread
awareness among rural women about these laws, plugging procedural loopholes,
guidelines for stricter implementation, time-limit for deciding cases, punishment
for the misuse of this law, and extending compensation to the victim. Womenfolk
also will have to be aware always that rights are accompanied by responsibilities.
So long as the patriarchal system exists alongside a capitalist system in which
poor women are doubly enslaved, laws alone cannot offer any long term solutions
for the emancipation of women or for their freedom from violence. The poor peo-
ple hesitate to take recourse to law, firstly because they cannot afford the cost of
litigation and they are not sure that they will get justice. Even though law ought
to bring justice, is achievement of justice in the universal sense possible? As Marx
so concisely put it, ”You cannot give equal laws to unequal people”. Law has
tended to give women the right to be the same as men, a goal that is impossible
for some and not desired by others. To tackle the Domestic violence in India,
only legal reforms are not enough, gender justice through social, political and
economic restructuring is the need of the hour. A collective action from families,
communities, societies and the state is the need of the hour. Legal intervention
is the catalyst but not the only answer. Gender equality is not an end in itself;
it is the prerequisite to genuine democracy and to the achievement of all global
developmental goals.

This research work is concluded by mentioning whether there is any impact of

the legislative action, i.e., the specified acts to protect and support womenfolk
thereby empowering them in India. It will exhibit whether the purposes of various
Introduction 30

legislative actions have been fulfilled with respect to women or whether, while
fulfilling its purpose, it has built or damaged the basic structures of society.
Thereby this research will bring to the forefront issues in public policy in India.