The tragic gang rape and murder of Jyoti Singh Pandey in December 2012, known as the Nirbhaya case, shocked India to its core. It forced the nation to confront the pervasive issue of violence against women. The widespread public outcry and protests following the incident became a turning point. It compelled the Indian government to enact legal reforms and policy measures aimed at addressing gender-based violence and improving women’s safety. However, a decade later, while we have made some progress, the reality around women and violence in India remains a persistent challenge.
Let us explore the key policy responses after Nirbhaya, their effectiveness, and the challenges that remain as we seek to combat violence against women in India.
Women and violence in India: Understanding the types
Violence against women in India takes on many forms. We can find the roots of each of these in systemic inequality, patriarchal control, and cultural norms that perpetuate discrimination. Recognising these forms of violence is crucial to addressing the larger issue. It will also help understand the challenges in implementing solutions.
Domestic violence
One of the most pervasive forms of violence is domestic violence, often carried out by intimate partners or family members. Millions of women across India endure physical, emotional, and economic abuse within their own homes. The Protection of Women from Domestic Violence Act of 2005 was a landmark step in providing legal protection and support to survivors. However, the law faces significant implementation challenges.
Many women, especially in rural areas, continue to face social stigma and economic dependence. It makes leaving abusive environments difficult. In many cases, lack of awareness about available legal recourse further limits their access to justice.
Sexual crimes: Stalking, Acid Attacks, and Honour Killings
Beyond domestic violence, women in India face other egregious forms of violence. These forms include stalking, acid attacks, and honour killings.
Stalking
Stalking is an often-overlooked form of harassment that involves persistent, unwanted attention and intimidation. The Criminal Law (Amendment) Act of 2013 criminalised stalking, but the broader societal attitude towards stalking remains problematic. Many still view it as harmless, even romanticised behaviour, rather than a serious violation of personal safety. Victim blaming continues to be a pervasive issue, where women are held accountable for the unwanted attention they receive.
Acid attacks
Acid attacks are another horrendous crime. They are often carried out as acts of revenge, particularly when women reject marriage proposals or assert their independence. The physical and psychological scars from such attacks are profound. Laws like the Acid Attack Survivors Rehabilitation Scheme, 2013 provide medical treatment and legal support to survivors. However, the stigma and victim-blaming culture persist. It hinders survivors from reintegrating into society. The deep-rooted belief that one can use violence as a tool of power and control over women remains a significant obstacle in combating this issue.
Honour killings
Honour killings reflect the violent extremes of patriarchal control. These instances involve murders of women for defying cultural or familial expectations. It is particularly true in matters of love and marriage. There have been several efforts to address honour killings through legal judgments, such as the Supreme Court’s Shakti Vahini ruling. However, societal norms that prioritise family honour over women’s rights continue to allow this brutal practice to persist in many parts of the country.
Workplace harassment
Violence against women also manifests in the workplace, with sexual harassment being a common issue. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, also known as the POSH Act, was a crucial legal advancement. However, the actual implementation of this law is fraught with cultural barriers and power imbalances in professional settings.
Many women, fearing retaliation or loss of their jobs, hesitate to report incidents of harassment. Additionally, Internal Complaints Committees (ICCs), which the law mandates, are often dysfunctional or biased, making it difficult for survivors to seek justice within their organisations.
Women and violence in India: Legislative reforms post Nirbhaya
The Nirbhaya case catalysed change, galvanising public outcry and prompting policymakers to take decisive action. In the years following Nirbhaya’s tragic death, the Indian government introduced a series of legislative reforms, policy initiatives, and awareness campaigns. All of these aim to combat gender-based violence and enhance women’s rights and safety.
Criminal Law (Amendment) Act of 2013
One of the most immediate responses to the Nirbhaya case was the enactment of the Criminal Law (Amendment) Act, 2013. This legislation introduced sweeping changes to India’s legal framework concerning sexual violence. It expanded the definition of rape and broadened the scope of punishable offences. Acts such as acid attacks, stalking, and voyeurism, previously overlooked, were now recognised as distinct crimes.
The amended law also introduced stricter penalties, including life imprisonment and the death penalty for particularly heinous cases. The expansion of the definition of rape to include non-penetrative sexual assaults was a landmark change. It acknowledged that sexual violence can take various forms. This broader legal scope ensured that survivors of different types of violence were better protected.
The penalties
The Criminal Law (Amendment) Act of 2013 introduced stricter penalties for sexual offences, including the imposition of higher minimum sentences and the possibility of life imprisonment or even the death penalty in cases of extreme brutality or repeat offences. These enhanced penalties sent a clear message that sexual violence would not be tolerated and underscored the gravity of such crimes. By imposing harsher punishments, the law sought to deter potential perpetrators and provide a sense of justice and closure to survivors and their families.
We can see an example of how this legislation has helped in the swift conviction and sentencing of the perpetrators in the 2018 Kathua rape case. The stringent provisions of the amended laws facilitated a speedy trial and ensured justice for the victim.
Protection of Women from Domestic Violence Act, 2005
One of the most critical pieces of legislation, the Protection of Women from Domestic Violence Act, provides a legal structure for protecting women against domestic abuse. It offers support systems such as shelters and medical assistance, although its implementation remains patchy.
POCSO Act, 2012
The Protection of Children from Sexual Offences (POCSO) Act provides a comprehensive legal framework to address sexual violence against children, establishing clear guidelines and stringent penalties for offenders.
Other reforms
The government introduced the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, which mandated the establishment of Internal Complaints Committees (ICCs) in workplaces to address complaints of sexual harassment and ensure a safe working environment for women. This legislation represented a crucial step towards addressing gender-based violence in the workplace and promoting gender equality in employment settings.
While these legal reforms were monumental, the question remains—has this been enough to deter crimes?
Challenges to effective enforcement
Despite the robust legal framework, India continues to struggle with the implementation of these laws. One of the primary issues is the persistent underreporting of sexual crimes. Social stigma, fear of retaliation, and victim-blaming still play a significant role in preventing women from coming forward. Survivors often face insurmountable obstacles in accessing justice, with law enforcement and judicial delays acting as further deterrents.
The conviction rates for rape cases remain alarmingly low. The National Crime Records Bureau (NCRB) reports show that despite stricter laws, the conviction rate hovers between 27% and 28%. It suggests that while women are reporting the cases, they do not always get justice. It reflects the systemic gaps within India’s judicial process, where delayed trials, intimidation of witnesses, and bureaucratic hurdles impede justice.
Women and violence in India: The role of societal attitudes
The deep-rooted patriarchal norms that permeate Indian society often undermine the effectiveness of these legal reforms. While legal changes are essential, we can only make actual progress when the societal mindset shifts. The perception of women’s roles and the entrenchment of gender stereotypes continue to influence not just how laws are applied but also how women’s experiences are understood and validated.
For instance, stalking, a crime newly recognised under the 2013 amendment, is still frequently dismissed as a harmless romantic pursuit, reinforcing the normalisation of predatory behaviour. Similarly, victim-blaming narratives, where society questions survivors of sexual violence about their clothing or lifestyle choices, persist in both media and public discourse. It weakens the deterrent impact of legal reforms.
Policy initiatives beyond legal reforms
In addition to legal amendments, the Indian government introduced several initiatives aimed at addressing gender-based violence. The Beti Bachao, Beti Padhao (Save the Girl Child, Educate the Girl Child) campaign was launched in 2015, focusing on tackling gender-biased sex selection and encouraging the education of girls. While the campaign has had some success in increasing girls’ school enrollment, it has faced criticism for not addressing structural issues like the safety of girls in schools and public spaces.
The One Stop Centre Scheme, also launched in 2015, aimed to provide integrated support services for women affected by violence, including legal aid, medical assistance, and counselling. However, insufficient resources, lack of trained personnel, and poor awareness of their existence among women in rural and semi-urban areas hamper the efficacy of such centres.
Public safety and technology-driven solutions
India has also adopted technological interventions and public safety initiatives to improve women’s safety in public spaces and during travel.
- Women’s Safety in Trains and Metros: Initiatives like the 182 Security Helpline and women-only coaches in the Delhi Metro, along with CCTV cameras, aim to enhance women’s safety using public transport. The R-Mitra mobile app offers women a quick way to alert authorities in emergencies.
- Mobile Apps for Safety: Various apps, including Suraksha and VithU, have been developed to help women send distress signals in case of danger. These technological tools offer a direct line of communication with police or family members, assisting women to access help quickly in unsafe situations.
Addressing tourism and public spaces
Recognising the need to make public spaces safer for women tourists, initiatives such as the Incredible India Help Line and Code of Conduct for Safe Tourism aim to ensure a secure environment for female travellers. Gender-sensitive urban development has also been promoted through the Jawaharlal Nehru National Urban Renewal Mission (JNNURM). It incorporates safety considerations for women in urban planning.
Addressing workplace harassment: The POSH Act, 2013
The enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, or the POSH Act, was another significant step forward. The Act mandates the establishment of Internal Complaints Committees (ICCs) to handle cases of workplace harassment. While this law was necessary to ensure women’s safety in professional settings, the reality of its implementation tells a different story.
Many organisations, particularly smaller firms, fail to establish functional ICCs or ensure their transparency. Further, many women hesitate to report harassment, fearing retaliation or career setbacks. As such, while the law exists, its application in practice continues to fall short of providing real protection for women in the workplace.
The way forward: Addressing systemic gaps
While the legal reforms post-Nirbhaya have been critical, they are far from enough. India must focus on the systemic barriers that continue to prevent survivors from accessing justice. Fast-track courts for sexual violence cases, though introduced, need to be expanded further to ensure timely justice. Additionally, police reforms that focus on gender sensitivity training and prompt registration of complaints are essential in addressing the gaps in law enforcement.
The Nirbhaya Fund, established to support initiatives for women’s safety, has been underutilised and poorly managed. Strengthening this fund and ensuring its allocation towards meaningful interventions—such as safe public spaces, gender-sensitive urban planning, and better digital infrastructure for reporting crimes—are crucial next steps.
Conclusion: Moving beyond legal reforms
At Changeincontent.com, we believe that actual progress lies in changing societal attitudes. While legal reforms are essential, they must be accompanied by shifts in cultural narratives that no longer normalise or trivialise violence against women. Gender sensitivity training at all levels—schools, workplaces, law enforcement, and the judiciary—must be prioritised.
The Nirbhaya case was a catalyst for change, but until we address the root causes of patriarchy, misogyny, and societal apathy, the reforms will remain insufficient. We must continue to ask: How can we, as a society, ensure that no woman feels unsafe in her own country? Until we answer this question, the journey towards true gender equality and safety will remain incomplete.
Disclaimer: The views expressed in this article are based on the writer’s insights, supported by data and resources available both online and offline, as applicable. Changeincontent.com is committed to promoting inclusivity across all forms of content, which we define broadly to include media, policies, law, and history—encompassing all elements that influence the lives of women and gender-queer individuals. Our goal is to promote understanding and advocate for comprehensive inclusivity.
