Law, Society, and Protection: A Comprehensive Analysis of Offences Against Women and Children in India

This Article is Written by Yashi Gupta, Student of KCC Institute of Legal and Higher Education.

INTRODUCTION:

Offences against women and children in India have reached alarming levels, despite significant progress in legal frameworks. In recent years, there has been a sharp rise in the number of reported cases of violence, trafficking, and abuse, reflecting the persistent challenges in ensuring safety and justice for these vulnerable groups. According to the National Crime Records Bureau (NCRB), over 400,000 crimes against women were reported in 2020 alone, with a large proportion of these being cases of sexual violence, domestic abuse, and trafficking. Similarly, the Protection of Children from Sexual Offences (POCSO) Act statistics show an increasing number of child sexual abuse cases, underscoring the growing threat faced by minors in India.

Legal provisions, such as those enshrined in the Indian Constitution and various statutes like the Indian Penal Code (IPC), the POCSO Act, and the Domestic Violence Act, 2005, have laid down a robust framework aimed at curbing such offences. However, the legal safeguards often fail to translate into tangible protection due to underreporting, societal stigma, and a strained judicial system. These offences are deeply entrenched in socio-cultural factors, including patriarchal norms, poverty, and lack of education, making it imperative for India to adopt a holistic approach to combat these issues.

This article seeks to explore the existing legal framework protecting women and children from crimes, identify the challenges in its enforcement, and examine the societal undercurrents that contribute to the perpetuation of these offences. By analyzing relevant case laws, judicial precedents, and government initiatives, this article aims to offer a comprehensive understanding of the legal and societal landscape. Furthermore, it will provide actionable recommendations for strengthening both legal protections and societal responses, with the ultimate goal of creating a safer and more just India for women and children.

LEGAL FRAMEWORK GOVERNING OFFENCES AGAINST WOMEN AND CHILDREN IN INDIA

1. Constitutional Provisions

India’s Constitution is the supreme law of the land and sets the foundation for all legal provisions related to the protection of fundamental rights, including the rights of women and children. It aims to promote equality, justice, and protection for all citizens, and special provisions have been made to address the unique vulnerabilities of women and children in society.

• Fundamental Rights (Articles 14, 15, 21, etc.)

• Article 14 – Equality Before the Law: Article 14 of the Indian Constitution guarantees that all individuals, irrespective of gender, are equal before the law. This provision ensures that women and children cannot be subjected to any form of discrimination under the law. For example, women have equal rights to property, inheritance, and access to justice, just like men. However, the challenge lies in the fact that societal discrimination still exists, and women and children are often subjected to violations that stem from deep-seated cultural and gender biases.
• Article 15 – Prohibition of Discrimination: Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. Of particular relevance to women and children is Article 15(3), which enables the state to make special provisions for the welfare of women and children. This is a direct legal basis for laws that provide protections specifically tailored for them, including laws against domestic violence, child sexual abuse, and human trafficking. These provisions are foundational in ensuring that laws like the Domestic Violence Act, 2005, and the POCSO Act, 2012, exist.
• Article 21 – Right to Life and Personal Liberty: Article 21 is one of the most important provisions when it comes to protecting the dignity and security of women and children. It guarantees the right to life and personal liberty, which the judiciary has interpreted to include the right to live with dignity. In landmark cases such as Vishaka v. State of Rajasthan (1997), the Supreme Court emphasized that this right includes protection from sexual violence and harassment. It has become a cornerstone in the protection of women’s and children’s rights, particularly in cases involving violence, exploitation, and trafficking.

• Directive Principles of State Policy (Articles 39A, 42):

 The Directive Principles of State Policy are guidelines for the government to achieve social justice and welfare. While not enforceable by the courts, these principles provide essential direction for the creation of laws aimed at promoting social equity, particularly for women and children.

• Article 39A – Equal Justice and Free Legal Aid: This article mandates the state to ensure equal access to justice and free legal aid, particularly for disadvantaged sections of society. This provision has been pivotal in addressing the accessibility of justice for women and children who are often economically marginalized and unable to afford legal representation. The provision has led to the creation of state-funded legal aid services, which are crucial for victims of gender-based violence and child abuse.
• Article 42 – Human Conditions of Work and Maternity Relief: Article 42 directs the state to ensure just and humane working conditions for all workers, with particular regard to women and children. This includes providing maternity leave, protecting against workplace exploitation, and ensuring women’s safety. Over time, this provision has influenced the creation of laws such as the Maternity Benefit Act, 1961, which grants women rights to paid maternity leave, thereby offering legal safeguards for working women, particularly those facing issues like workplace discrimination and harassment.

• Special Provisions for Women and Children (Article 15(3), Article 46)

• Article 15(3) – Special Provisions for Women and Children: This article allows the state to enact laws that benefit women and children, in recognition of the fact that these groups are particularly vulnerable to exploitation, abuse, and marginalization. For example, laws like the POCSO Act, 2012, and the Juvenile Justice (Care and Protection of Children) Act, 2015, exist due to this provision. It provides legal backing for affirmative action designed to address gender-based violence, child labour, and child sexual abuse, among other issues.
• Article 46 – Promotion of Educational and Economic Interests of Weaker Sections: This provision directs the state to promote the educational and economic interests of the backward classes, particularly women and children, who often face additional social and economic challenges. It has inspired policies and schemes like the Beti Bachao Beti Padhao scheme, aimed at improving the status of the girl child in India through education, healthcare, and social empowerment. The government has also implemented schemes to provide economic assistance and education to the girl child in underprivileged communities.

• Key Laws and Statutes:

India’s legal system is complemented by specific statutes designed to safeguard women and children from violence, exploitation, and abuse. These laws are an embodiment of the constitutional promises and are enacted to respond to the growing concerns related to offences against women and children.

• The Protection of Children from Sexual Offences (POCSO) Act, 2012

The Protection of Children from Sexual Offences Act, 2012 was enacted to address the growing incidence of sexual offences against children and to provide a comprehensive legal framework ensuring the protection, dignity, and best interests of children below the age of 18. The Act is gender-neutral and criminalises a broad spectrum of sexual offences, introducing child-friendly procedures for both investigation and trial.

SALIENT FEATURES:

• Comprehensive Definitions:

The Act defines offences such as penetrative sexual assault (Section 3), sexual assault (Section 7), sexual harassment (Section 11), and use of children for pornographic purposes (Section 13). It recognises non-penetrative acts and even verbal or non-contact behaviours as punishable offences.

• Aggravated Offences:

Sections 5 and 9 classify aggravated penetrative sexual assault and aggravated sexual assault, which cover offences committed by persons in positions of trust or authority—such as police officers, teachers, family members, or custodians.

• Special Courts and Child-Friendly Procedures:

Under Section 28, the Act mandates the establishment of Special Courts to ensure speedy trials. The procedures aim to reduce trauma to child victims, with provisions under Sections 24 to 27 requiring statements to be recorded at the child’s residence or in a neutral environment, and in the presence of trusted adults or professionals.

• Mandatory Reporting and Penalties:

Section 19 imposes a duty to report offences, failing which is punishable under Section 21. This aims to ensure vigilance and early intervention. The punishment for penetrative sexual assault ranges from 10 years to life imprisonment, depending on the gravity and nature of the offence.

• Burden of Proof and Presumptions:

Section 29 of the Act shifts the burden of proof on the accused, presuming the commission of the offence unless proven otherwise, thereby recognising the unique vulnerability of child victims.

• Judicial Interpretation

In Independent Thought v. Union of India [(2017) 10 SCC 800], the Supreme Court read down the marital rape exception under IPC Section 375 to hold that sexual intercourse with a minor wife (below 18 years) would attract the provisions of the POCSO Act, thus reinforcing its primacy and overriding effect in cases involving minors.

• Recent Amendments

The 2019 Amendment to the POCSO Act further strengthened the law by introducing stricter punishments, including the death penalty for aggravated penetrative sexual assault (Section 6). It also expanded the scope of Section 13 to cover digital and online sexual abuse.

• Compliance and Challenges

While the POCSO Act is a well-intentioned and detailed legislation, implementation remains a concern. Issues such as low conviction rates, judicial delay, poor investigation standards, and lack of awareness often dilute its efficacy. Nonetheless, it stands as a vital instrument in India’s legal response to child sexual abuse, embodying the principles of child rights, victim protection, and restorative justice.

• The Protection of Women from Domestic Violence Act, 2005

The Protection of Women from Domestic Violence Act, 2005 (PWDVA) was enacted as a response to a long-standing legislative void concerning civil remedies for victims of domestic abuse. Prior to this enactment, the primary recourse for victims of domestic cruelty was through Section 498A of the Indian Penal Code, 1860—now replaced by Section 85 of the Bhartiya Nyaya Sanhita (BNS), 2023. However, criminal prosecution alone was found inadequate in protecting the dignity, residence, livelihood, and well-being of aggrieved women. The PWDVA thus emerged as a comprehensive, rights-based statute aimed at protecting women not only from physical abuse, but also from verbal, emotional, sexual, and economic violence within domestic settings.

This Act recognises an “aggrieved woman” as any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence. The term “domestic relationship” includes marriages, live-in relationships, and other familial associations connected by consanguinity, adoption, or joint residence. Such a wide definition ensures that the law extends protection beyond conventional marital arrangements, covering mothers, daughters, sisters, widows, and other female relatives.

Under Section 3 of the PWDVA, “domestic violence” is defined in an inclusive manner, encompassing not only physical harm but also sexual abuse, verbal and emotional insult, and deprivation of financial resources. The Act specifically acknowledges violence that affects women’s mental health and autonomy—an important evolution in Indian legal thinking.

A key strength of the PWDVA lies in its emphasis on civil reliefs rather than criminal conviction alone. Through Section 18 to Section 22, the Act empowers Magistrates to issue:

• Protection Orders restraining the respondent from committing further acts of violence or communicating with the aggrieved woman;
• Residence Orders securing the woman’s right to reside in the shared household, irrespective of ownership or title;
• Monetary Reliefs to cover expenses and losses arising from the abuse;
• Custody Orders for minor children;
• Compensation Orders for mental trauma and emotional distress.

To facilitate access to justice, the Act mandates the appointment of Protection Officers (Section 8) who are responsible for filing Domestic Incident Reports, facilitating access to shelter homes and medical care, and assisting in obtaining legal aid. Service Providers, as recognised under Section 10, such as registered NGOs and clinics, further support victims in navigating the legal system. Importantly, proceedings under the Act are meant to be summary in nature to ensure urgent relief and are distinct from criminal trials.

While the PWDVA itself is civil in nature, it incorporates penal sanctions for non-compliance. Section 31 provides that breach of a protection order shall be punishable with imprisonment up to one year and/or fine—an offence that is now triable under the provisions of BNS Section 85, which replaces IPC 498A and continues to penalise cruelty by husband or relatives of the husband. This hybrid nature of the Act—blending civil protections with penal consequences—makes it uniquely positioned to offer both preventive and remedial justice.

The judiciary has played a vital role in expanding the scope of the Act. In Hiral P. Harsora v. Kusum Narottamdas Harsora [(2016) 10 SCC 165], the Supreme Court read down the restriction that only “adult male persons” could be respondents, thus allowing complaints against female relatives of the husband as well. This judgment realigned the statute with constitutional guarantees under Articles 14 and 15, ensuring non-discrimination and equal protection of law.

Despite its progressive design, the PWDVA faces challenges in implementation. Many women remain unaware of their rights under the Act, and the stigma surrounding domestic violence discourages reporting. Additionally, Protection Officers and legal service authorities often operate with limited resources, undermining the effectiveness of the institutional framework.

Nevertheless, the Protection of Women from Domestic Violence Act, 2005, remains a landmark legislation in India’s legal architecture. It not only complements criminal law provisions under the BNS but also affirms a woman’s constitutional right to live with dignity, safety, and autonomy in the private sphere—a space that had long been excluded from formal legal scrutiny.

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION, AND REDRESSAL) ACT, 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (hereinafter, the “POSH Act”) was enacted in fulfilment of the Indian state’s constitutional obligations and pursuant to the directions laid down in the seminal judgment of Vishaka v. State of Rajasthan [(1997) 6 SCC 241]. Recognising sexual harassment as a violation of women’s fundamental rights under Articles 14, 15, and 21 of the Constitution, the Act establishes a binding framework to ensure that workplaces are safe, dignified, and equitable for women.

The Act defines sexual harassment comprehensively under Section 2(n) to include unwelcome physical contact, demands or requests for sexual favours, sexually coloured remarks, showing pornography, or any other unwelcome verbal or non-verbal conduct of a sexual nature. It also encompasses quid pro quo harassment and hostile work environment, recognising that such conduct undermines a woman’s agency, productivity, and physical integrity.

Significantly, the POSH Act covers both the organized and unorganized sectors, extending its application to public and private workplaces, government offices, non-governmental organisations, hospitals, educational institutions, and even places visited by employees during the course of employment, including transportation. The wide territorial scope is vital for ensuring that women in diverse occupational settings are afforded equal protection under the law.

The Act mandates the constitution of an Internal Complaints Committee (ICC) at every workplace employing ten or more persons, and a Local Complaints Committee (LCC) at the district level for establishments with fewer than ten employees or where the employer is the respondent. These quasi-judicial bodies are vested with powers akin to civil courts under the Code of Civil Procedure for summoning witnesses and examining evidence.

On receipt of a complaint, the ICC or LCC is required to initiate an inquiry within seven days and complete the process within 90 days, with the report submitted to the employer or district officer within ten days thereafter. Based on the recommendations of the committee, the employer is obligated to take disciplinary action, which may include termination, demotion, or other penalties prescribed in the service rules. Compensation may also be awarded to the aggrieved woman, calculated on parameters such as loss in career opportunity, medical expenses, emotional distress, and the respondent’s income and status.

The Act further ensures the confidentiality of the proceedings, prohibits retaliation against complainants or witnesses, and provides for interim relief, including transfer of the aggrieved woman or leave up to three months during the pendency of the inquiry. Importantly, under Section 19, employers have a statutory duty to sensitize employees, organise training programs, and display the penal consequences of sexual harassment prominently at the workplace.

Although the Act does not prescribe criminal penalties for sexual harassment per se, it operates in tandem with Section 79 of the Bhartiya Nyaya Sanhita (BNS), 2023, which criminalises acts that insult the modesty of a woman—formerly IPC Section 509—and Section 73 BNS, which parallels the offence of outraging a woman’s modesty. In cases involving physical assault or coercion, such incidents may also attract charges under Sections 75, 76, or 77 BNS, depending on the gravity of the offence.

Judicial oversight has reinforced the Act’s applicability and strength. In Medha Kotwal Lele v. Union of India [(2013) 1 SCC 297], the Supreme Court stressed the binding nature of Vishaka Guidelines and directed strict compliance with the provisions of the 2013 legislation. In more recent judgments, courts have reiterated the importance of institutional accountability, transparency in inquiries, and the primacy of workplace safety over reputational shielding.

Nevertheless, practical challenges persist. Surveys and academic studies have revealed gaps in compliance, with many organisations failing to constitute ICCs or conducting token inquiries lacking procedural fairness. Fear of backlash, trivialisation of complaints, and workplace power hierarchies continue to deter women from coming forward. Moreover, while the Act allows complaints within three months of the incident, this time limitation often disqualifies survivors who take longer to process and report trauma.

Despite these gaps, the POSH Act remains a cornerstone of gender equality in employment law. Its emphasis on institutional redressal, preventive mechanisms, and civil remedies underscores a paradigm shift from criminal prosecution to rights-based workplace justice. For its objectives to be truly realised, consistent training, strict compliance monitoring, and cultural change within workplaces are imperative.

THE BHARTIYA NYAYA SANHITA, 2023:

 The Bhartiya Nyaya Sanhita (BNS), 2023 brings much-needed reform to India’s criminal law, modernizing provisions related to sexual offences, domestic violence, child protection, and trafficking. This overhaul addresses critical gaps in the Indian Penal Code (IPC) and reflects a shift towards more victim-centric justice and gender-sensitive reforms.

The BNS consolidates and streamlines sexual offences into clearer and more structured provisions. For instance, Section 63 defines rape with updated emphasis on aggravating circumstances and penalties, including the death penalty for gang rape and repeat offenders. It also aligns with principles from landmark rulings of the Supreme Court and statutes such as the POCSO Act, 2012. In the context of sexual harassment, Section 73 criminalizes outraging the modesty of a woman, while Section 74 deals with stalking and voyeurism, ensuring the law adapts to modern, digital contexts.

Regarding child protection, the BNS expands the scope of trafficking offences under Section 139, criminalizing all stages of trafficking, including recruitment, transport, and exploitation. The law enhances penalties for trafficking involving minors and aligns with international standards like the UN Protocol on Trafficking in Persons. Additionally, the law introduces strong provisions for child sexual abuse, kidnapping, and abduction in sections like 137 and 138, providing a dual system of protection alongside the POCSO Act.

Domestic violence is also more robustly addressed, with Section 85 replacing IPC 498A, which criminalizes cruelty by husbands or relatives, including dowry harassment and mental or physical abuse. While concerns over misuse remain, this provision is crucial for safeguarding women in abusive domestic situations.

The BNS further introduces procedural reforms such as digital recording of victim statements and in-camera trials to reduce secondary victimisation, particularly for survivors of sexual violence and child abuse. These changes aim to speed up the trial process and ensure a more supportive environment for victims.

In conclusion, the BNS, 2023 represents a transformative step in India’s legal framework for protecting women and children. By updating and consolidating key provisions related to sexual offences, domestic violence, and child protection, the law ensures a more effective and responsive criminal justice system. If implemented properly, the BNS has the potential to reduce systemic delays and biases, providing better justice for vulnerable individuals in India.

THE PROHIBITION OF CHILD MARRIAGE ACT, 2006 (PCMA)

The Prohibition of Child Marriage Act, 2006 was enacted to overcome the shortcomings of the earlier Child Marriage Restraint Act, 1929, and to offer a more robust, preventive, and punitive framework for dealing with child marriages in India. Unlike its predecessor, the PCMA shifts the focus from merely restraining child marriages to prohibiting and voiding them under specific circumstances, while also recognising the rights and protection of child brides and grooms.

Key Features:

• Definition and Age Criteria: The Act defines a child as a male under 21 years and a female under 18 years. Any marriage involving either party under the prescribed age is classified as a child marriage.
• Void and Voidable Marriages: Under Section 3, a child marriage is voidable at the option of the contracting party who was a child at the time of the marriage. They may file a petition for annulment within two years of attaining majority.

In aggravated cases, such as marriages involving force, trafficking, or deceit, the marriage is automatically void under Section 12.

• Punishment and Liability: Section 9 penalises a male adult (above 18 years) who contracts a child marriage with rigorous imprisonment up to two years and/or fine up to ₹1,00,000. Section 10 and 11 criminalise those who solemnise, promote, or permit child marriages, including parents, guardians, and priests.
• Protection of Rights of the Girl Child: The Act ensures the custody and maintenance of the female contracting party during legal proceedings. The child wife is entitled to residence, maintenance, and alimony under the directions of the district court.
• Child Marriage Prohibition Officers (CMPOs): The law mandates appointment of CMPOs to prevent, intervene, and report child marriages. They have the authority to approach courts, provide protection, and create awareness.
• Jurisdiction and In-Camera Trial: Proceedings under the Act are to be handled by First Class Judicial Magistrates, with child-friendly procedures and in-camera hearings to protect the dignity of minors.
• Significance: The PCMA, 2006 is a progressive statute that provides civil remedies, criminal deterrence, and institutional mechanisms to eliminate child marriage. It aligns with India’s international obligations, such as those under the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

While implementation challenges persist—especially in rural and socio-economically backward areas—the PCMA remains a critical legal tool in combating the deeply entrenched social practice of child marriage, ensuring the protection, dignity, and rights of minors in India.

THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015

The Juvenile Justice (Care and Protection of Children) Act, 2015 is a comprehensive statute that governs the treatment, rehabilitation, and protection of children in conflict with law and those in need of care and protection. It replaces the Juvenile Justice Act of 2000, introducing key changes in response to rising juvenile crimes and public outcry following high-profile cases like the 2012 Delhi gang rape. The Act aims to balance the reformative approach to juvenile offenders with the need to address heinous crimes committed by children aged 16–18. It also strengthens institutional care, legal safeguards, and rehabilitation for abandoned, orphaned, trafficked, and abused children.

Salient Features:

• Children in Conflict with Law:

The Act classifies offences into petty, serious, and heinous. For heinous offences (punishable with imprisonment of 7 years or more), a child aged 16 to 18 years may be tried as an adult, subject to preliminary assessment by the Juvenile Justice Board under Section 15.

• Children in Need of Care and Protection:

This includes children who are abandoned, abused, trafficked, mentally or physically challenged, or living in exploitative conditions. The Child Welfare Committees (CWCs) have been empowered under Section 27 to ensure their immediate care, protection, and rehabilitation.

• Adoption Framework:

The Act codifies adoption procedures, giving statutory recognition to the Central Adoption Resource Authority (CARA) and introducing timelines to ensure expedited adoption, especially of orphans and abandoned children.

• Stringent Penalties for Abuse:

The Act imposes punishment for cruelty to children, employing children for begging, sale and procurement of children, and exposure to narcotics, with rigorous imprisonment and fines.

• Institutional and Non-Institutional Care:

The Act provides for juvenile homes, observation homes, special homes, and foster care, promoting rehabilitation and social reintegration through education, skill development, and counselling.

This 2015 Act ensures that justice for juveniles is not purely punitive but rehabilitative, aligning with Articles 15(3) and 39(e)–(f) of the Constitution. It incorporates principles from international conventions such as the UN Convention on the Rights of the Child (UNCRC), recognising that children must be treated differently from adults due to their evolving capacities. It ensures that both victimised children and those drawn into crime are given due legal protection, care, and opportunities for reformation.

• International Conventions and Treaties

India’s commitment to protecting women and children extends beyond its borders, as it has ratified several international treaties and conventions aimed at ensuring the protection and rights of vulnerable groups.

• United Nations Convention on the Rights of the Child (CRC)

India ratified the CRC in 1992, thereby agreeing to abide by its provisions, which include protection from abuse, neglect, exploitation, and the provision of education. The CRC mandates that countries take all appropriate measures to protect children from all forms of physical or mental violence, injury, neglect, abuse, or exploitation, including sexual abuse.

• The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

CEDAW, which India ratified in 1993, is a key international instrument for promoting gender equality. It addresses a wide range of issues related to women’s rights, including violence, trafficking, discrimination in the workplace, and healthcare. India’s compliance with CEDAW has shaped many of its domestic laws, such as the Domestic Violence Act and POCSO Act, by establishing benchmarks for protecting women’s rights.

• India’s Obligations and Compliance with International Standards

As a signatory to various international treaties, India is legally bound to align its laws with international standards for the protection of women and children. However, challenges in enforcement, awareness, and socio-cultural resistance remain significant hurdles in achieving full compliance. The ongoing reforms and amendments to existing laws are a testament to India’s continued efforts to meet these international obligations.

TYPES OF OFFENCES AGAINST WOMEN AND CHILDREN

A. Sexual Offences

1. Rape

Rape is one of the most brutal crimes against the bodily autonomy and dignity of women.

• Legal Provision: Section 63 of the BNS, 2023
• Definition: Non-consensual penetration of a woman by a man, by force, deceit, coercion, or in circumstances where consent is obtained under fear or misconception.
• Punishment: Rigorous imprisonment not less than 10 years, extendable to life imprisonment; in cases of gang rape, custodial rape, or rape of minors, punishment may include the death penalty.
• For Children: Section 3 of the POCSO Act, 2012 classifies various forms of child rape, including aggravated penetrative sexual assault.

2. Sexual Harassment and Assault

• Legal Provision: Section 74 of the BNS, 2023
• Includes: Unwelcome physical contact, sexually coloured remarks, showing pornography, or demanding sexual favours.
• Punishment: Up to 3 years of imprisonment with fine.
• For Children: POCSO Act also defines sexual assault (non-penetrative) and sexual harassment of minors, punishable with rigorous imprisonment up to 5 years or more.

3. Marital Rape (Partial Criminalization)

Though not criminalized universally in India, marital rape is punishable under limited circumstances — e.g., when the wife is judicially separated.

• Provision: Exception to Section 63, BNS excludes marital rape unless wife is under 18 or separated.
• Ongoing Debate: Multiple petitions are pending before courts for full criminalization.

B. Domestic Violence and Cruelty

1. Cruelty by Husband or Relatives

• Legal Provision: Section 85 of the BNS, 2023 (corresponding to IPC Sec 498A)
• Includes: Mental or physical harassment by husband or in-laws, especially related to dowry demands.
• Punishment: Up to 3 years of imprisonment and fine.

2. Domestic Violence

Recognized under the Protection of Women from Domestic Violence Act, 2005, which includes physical, sexual, verbal, emotional, and economic abuse.

• Legal Remedy: Provides for protection orders, residence rights, and monetary relief — civil in nature but enforceable via criminal mechanisms.

C. Trafficking and Exploitation

1. Human Trafficking

• Legal Provision: Section 139–146, BNS, 2023
• Definition: Recruitment, transportation, transfer, or harbouring of persons by force, fraud, or coercion for exploitation, including sexual slavery, labour, or organ trade.
• Punishment: Minimum of 10 years up to life imprisonment, depending on severity and nature of trafficking.
• For Children: Trafficking of minors is treated as aggravated offence, with stricter punishments.

2. Child Labour and Forced Begging

• Governed by the Child Labour (Prohibition and Regulation) Act, 1986 and Juvenile Justice Act, 2015.
• Forced begging is also punishable under Section 146 of BNS, 2023.

D. Acid Attacks and Physical Abuse

1. Acid Attack

• Legal Provision: Section 122, BNS, 2023
• Includes: Throwing acid or attempting to disfigure a woman’s face or body with corrosive substances.
• Punishment: Minimum 10 years, extendable to life imprisonment, plus fine covering medical expenses.

2. Grievous Hurt and Assault

• Provision: Sections 113–117, BNS, 2023
• Commonly used in cases of physical abuse of children and women, often accompanying other offences like dowry violence or child punishment.

E. Cyber Crimes Against Women and Children

The rise in internet usage has led to an exponential increase in cyber harassment and sexual exploitation.

• Key Offences: Cyberstalking, revenge porn, online threats, and child pornography.
• Legal Provisions:
  • Sections 66E, 67, 67A of the IT Act, 2000
  • Section 74 BNS for cyber sexual harassment
  • POCSO (Amendment) Act, 2019 for child pornography
• Punishment: Ranges from 3 to 7 years of imprisonment and fine. Child porn offences may attract longer sentences.

F. Child-Specific Offences

1. Child Sexual Abuse

Defined comprehensively under the POCSO Act, covering both contact and non-contact abuse, including exhibitionism, child grooming, and exploitation for pornography.

• Aggravated forms include abuse by police, teachers, doctors, or family members.

2. Child Marriage

• Governed by Prohibition of Child Marriage Act, 2006
• Legal Age: 18 for females, 21 for males.
• Punishment: Rigorous imprisonment up to 2 years and fine up to ₹1 lakh.

Child Neglect, Abandonment, and Sale

Child Labour and Exploitation

• Child labour involves children working in hazardous conditions, which interferes with their education, development, and health. The Child Labour (Prohibition and Regulation) Act, 1986 (amended in 2016) prohibits the employment of children in hazardous work environments and aims to prevent their exploitation.
• Exploitation extends beyond labour to include sexual exploitation, forced begging, and illegal adoptions. Children from economically disadvantaged backgrounds are often forced into exploitative activities, and the law provides for their rehabilitation and reintegration.

G. Dowry Death and Honour Killing

1. Dowry Death

• Provision: Section 86, BNS, 2023
• Includes: Death of a woman within 7 years of marriage under suspicious circumstances involving dowry harassment.
• Punishment: Minimum 7 years to life imprisonment.

2. Honour Killing

• Though not separately codified, courts have treated it as murder under BNS Sections 101–105.
• Involves killing of women (or men) who marry against family or community approval.

H. Abortion and Female Foeticide

1. Sex-Selective Abortion

• Governed by Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994
• Punishment: Up to 5 years and ₹1 lakh fine for doctors or family involved in sex-determination and selective abortion.

2. Illegal Abortion

• Provision: Section 88, BNS, 2023 + Medical Termination of Pregnancy (MTP) Act, 1971 (amended 2021)
• Abortions beyond 24 weeks require approval of Medical Board, especially in rape or incest cases.

CHALLENGES IN ENFORCEMENT AND LEGAL MECHANISMS

The legal framework in India is equipped with a comprehensive set of laws to protect women and children from offences. However, despite the presence of these laws, there are numerous challenges that hinder their effective enforcement. These challenges are deeply rooted in societal, institutional, and systemic factors, which contribute to the difficulty of addressing the prevalent issues of violence, exploitation, and abuse.

1.      Inadequate Police and Investigative Mechanisms

One of the primary hurdles in ensuring justice for women and children is the inefficiency of law enforcement agencies. The police play a crucial role in the early stages of any legal process, including investigation, victim support, and the filing of cases. However, several factors contribute to the inefficiency of police procedures:

• Lack of Sensitivity: Many police officers lack proper training on handling sensitive cases like sexual violence, child abuse, or domestic violence. Victims often face secondary victimization when they approach police stations for help. The lack of gender sensitivity training has led to dismissive attitudes, especially in rural areas.
• Delayed Investigations: Slow investigations and backlog of cases significantly hinder timely justice. The delays in filing charge sheets, evidence collection, and delays in forensic reports create a backlog, making justice seem unattainable for many victims.
• Underreporting of Crimes: Fear of social stigma, police insensitivity, and lack of awareness often prevent victims from reporting crimes, especially in cases of rape, child sexual abuse, or domestic violence. This underreporting leads to the perpetuation of crimes and impedes justice.

2.      Inadequate Implementation of Special Laws

While there are several special laws that address crimes against women and children, their implementation remains inconsistent. For instance, the POCSO Act, 2012 (Protection of Children from Sexual Offences Act) was meant to expedite legal proceedings in cases involving child sexual abuse, but challenges persist:

• Lack of Special Courts: Despite provisions for special courts under the POCSO Act, the availability of such courts in all states is limited. This results in delays in trials and increases the suffering of victims who have to wait for years for their cases to be heard.
• Non-Compliance by Authorities: Even though laws like the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Domestic Violence Act, 2005 have been enacted, there are instances of non-compliance by authorities such as welfare boards, child care institutions, and shelters. This leads to poor rehabilitation and protection measures for victims.
• Inadequate Resources and Infrastructure: Courts and law enforcement agencies often lack the infrastructure and resources necessary to effectively implement these laws. For instance, specialized medical facilities for victims of sexual violence, helplines, and crisis intervention centers are often underfunded or nonexistent in many regions.

3.      Cultural and Societal Factors

Indian society is often characterized by deeply ingrained patriarchal norms and social taboos that make the enforcement of laws for women’s and children’s rights particularly challenging. These societal factors contribute to:

• Victim Blaming: In cases of sexual violence, domestic violence, or child abuse, the blaming of victims often becomes a barrier to justice. Survivors of sexual violence face stigmatization and scrutiny, especially in rape cases where the character and conduct of the victim are questioned.
• Traditional Gender Roles: Women and children are often seen as subordinate to men in the social hierarchy. This makes it difficult to ensure that gender-neutral justice is provided. Domestic violence, especially within marriages, is often perceived as a family matter, leading to societal reluctance in addressing such crimes legally.
• Lack of Awareness: Many victims, especially in rural areas, are unaware of their legal rights or the mechanisms available to them. This lack of awareness leads to underreporting of crimes and the failure to access justice due to ignorance of the available legal recourse.

4.      Prolonged and Complex Legal Processes

The slow judicial process and the complexity of legal procedures contribute to the challenges faced by victims in obtaining justice. Key issues include:

• Lengthy Trials: Delayed trials are one of the major challenges in the criminal justice system, especially in cases of sexual assault, child abuse, or dowry-related violence. Many victims are subjected to years of waiting before their cases are heard, and by the time justice is served, the emotional and psychological toll on the victims is substantial.
• Complex Procedures: In some cases, the complexity of legal procedures and insufficient legal aid make it difficult for marginalized women and children to effectively participate in the judicial process. Legal loopholes can also allow offenders to escape conviction through technicalities.
• Bail for Accused: The bail system can sometimes be misused, allowing perpetrators of serious offences, such as sexual violence or trafficking, to obtain bail easily, thereby intimidating victims and witnesses. This also leads to delays in trials and undermines the faith in the justice system.

5.      Lack of Victim Support Systems

While laws have been enacted to protect women and children, support systems for victims remain inadequate. The lack of counseling, rehabilitation, and financial support for survivors means that many victims are left without the necessary support for recovery. Key challenges include:

• Inaccessible Legal Aid: Legal aid services remain inaccessible to many women and children, particularly those in rural or marginalized communities. This lack of legal representation leaves victims vulnerable to exploitation and injustice.
• Psychological Support: Survivors of violent crimes, particularly children, often do not receive adequate psychological counseling. This leads to long-term trauma, impeding their recovery and reintegration into society.
• Shelter Homes: Shelter homes for women and children, particularly in cases of domestic violence or child trafficking, are often overcrowded, underfunded, and lack trained personnel to cater to the unique needs of the victims. This leaves many women and children with no safe space to recover and rebuild their lives.

6.      Political and Bureaucratic Apathy

Finally, political will and bureaucratic inertia often undermine efforts to enforce laws protecting women and children. Key challenges include:

• Lack of Political Will: Political leaders and policymakers often do not prioritize the protection of women and children. This lack of commitment results in poor implementation of laws and failure to provide the necessary resources to ensure the effectiveness of welfare schemes and judicial processes.
• Bureaucratic Hurdles: Government schemes aimed at women and child protection often face delays due to bureaucratic red tape and lack of coordination between central and state authorities. This delay hampers the provision of services to victims of abuse and violence.

SOCIETAL FACTORS AND ROOT CAUSES OF OFFENCES

Understanding the offences committed against women and children in India requires delving into the socio-cultural and systemic factors that contribute to their vulnerability. These offences are not random but are shaped by enduring power structures, institutional failures, and deeply rooted cultural beliefs. Below is a detailed examination of the primary causes:

• Patriarchy and Gender Inequality

Patriarchy continues to dominate the social fabric of Indian society, with men positioned as primary decision-makers and women often relegated to subordinate roles. The World Economic Forum’s Global Gender Gap Report 2023 ranks India 127th out of 146 countries, reflecting persistent gender-based disparities in political empowerment, economic participation, health, and education. These inequalities manifest as normalized control over women’s autonomy — from mobility restrictions to reproductive rights — which, when resisted, often results in violence.

Crimes like marital rape, still not criminalized in India (as per Section 63 of the Bhartiya Nyaya Sanhita, 2023, marital rape remains excluded unless the wife is under 18), are rooted in patriarchal norms that deny women agency even within marriage. Similarly, the lower female labor force participation rate (only 24% as of 2022 according to World Bank data) reflects restricted economic independence, making women more vulnerable to domestic abuse and exploitation.

• Social Stigma and Victim Blaming

A major deterrent to reporting crimes is the stigma attached to being a survivor, especially in cases of sexual violence. Victims are often held responsible for the crimes committed against them. A study by UN Women India (2021) found that more than 70% of rape survivors in India do not report the crime due to fear of social ostracization, shame, or retaliation.

This culture of silence is reinforced by institutional apathy. For instance, the Justice Verma Committee Report (2013) noted that law enforcement agencies often respond with insensitivity when handling cases of sexual assault. The result is a justice system that alienates rather than supports survivors, thereby allowing offenders to go unpunished and emboldening future crimes.

• Poverty and Lack of Education

Poverty is both a cause and consequence of gender-based violence. Low-income households, especially in rural India, often view girl children as economic burdens. This contributes to child marriage, child labor, human trafficking, and early school dropouts. According to the National Family Health Survey-5 (NFHS-5), 23.3% of women aged 20–24 were married before 18, despite legal prohibitions under the Prohibition of Child Marriage Act, 2006.

Similarly, the Annual Status of Education Report (ASER) 2022 highlights a gender gap in secondary school attendance, particularly in marginalized communities. Girls are often withdrawn from school to assist in household work or due to fears surrounding their safety, increasing their risk of abuse and lifelong dependency. Lack of education further deprives women and children of awareness regarding their legal rights and available support mechanisms.

• Cultural Practices and Traditions

Traditional practices that undermine the dignity and rights of women and girls continue to exist despite legal bans. These include dowry, honour killings, female genital mutilation (FGM) (prevalent in select communities), and son preference. For example, the UNFPA 2020 Report on Sex Ratio stated that India accounts for nearly 45 million of the world’s “missing girls” due to sex-selective abortions — a direct consequence of cultural son preference.

Honour-based crimes often stem from inter-caste or inter-religious relationships, which are viewed as tarnishing the family’s reputation. Although such killings are punishable under Section 302 of the BNS, 2023, convictions are rare due to community complicity and lack of witness protection.

• Weak Law Enforcement and Delayed Justice

Despite laws such as the Protection of Children from Sexual Offences (POCSO) Act, 2012, and The Protection of Women from Domestic Violence Act, 2005, implementation remains weak. According to the National Crime Records Bureau (NCRB) 2022, the conviction rate for rape was only 33.6%, and in POCSO cases, it stood at 39.6%. These low rates reflect delayed investigations, poor evidence collection, and pressure on victims to withdraw complaints.

Courts are often backlogged. As per the National Judicial Data Grid (2023), over 2 lakh cases related to crimes against women and children are pending across trial courts in India. Long judicial delays often lead to loss of evidence, trauma for the survivor, and eventual acquittals, which severely undermine the deterrent value of the law.

• Negative Influence of Media and Internet

The digital age, while empowering in many ways, has introduced new forms of violence. Cases of cyberbullying, revenge pornography, child sexual exploitation, and online stalking have surged. The NCRB 2022 report recorded over 15,200 cases of cybercrimes against women and children, a significant rise from previous years.

Moreover, the mainstream media often reinforces harmful gender stereotypes. A UNESCO study (2021) noted that over 60% of Indian film content portrays women as passive, dependent, or sexualized. Such portrayals influence societal attitudes, especially among young audiences, by normalizing gender-based violence or trivializing female suffering.

• Normalization of Violence and Gender Socialization

From a young age, boys and girls are socialized into rigid gender roles — boys are encouraged to be assertive, while girls are taught to be submissive. This social conditioning begins in families, schools, and religious institutions, where discipline and obedience are often maintained through physical or emotional violence.

The UNICEF report (2022) revealed that over 50% of Indian children between ages 2–17 experience some form of physical punishment at home or school. Exposure to such violence normalizes aggression and weakens empathy. Children who witness domestic violence are more likely to either become abusers or victims in adulthood, continuing the cycle.

CASE LAWS AND JUDICIAL PRECEDENTS

The judiciary in India has played a pivotal role in shaping the legal landscape concerning offences against women and children. Through landmark judgments, the Indian courts have not only interpreted and expanded the scope of laws but also paved the way for progressive reforms in addressing these issues. This section examines some of the critical case laws that have had a significant impact on the legal protection of women and children in India.

1. Vishaka v State of Rajasthan

Citation: (1997) 6 SCC 241

Bench: J.S. Verma, Sujata Manohar, B.N. Kirpal, JJ.

Facts: A social worker was gang-raped by government employees while on official duty in a rural development programme in Rajasthan. At the time, there was no specific legislation in India to address sexual harassment at the workplace.

Issues: Whether the absence of domestic law permits judicial intervention through international conventions (CEDAW) to ensure women’s rights at the workplace?

Held: The Court laid down the Vishaka Guidelines under Articles 14, 15, 19(1)(g), and 21 of the Constitution, interpreting in harmony with CEDAW. These guidelines were to be binding until legislation was enacted.

Significance: This case filled a legislative vacuum, and led to the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

• Independent Thought v Union of India

Citation: (2017) 10 SCC 800

Bench: Madan B. Lokur and Deepak Gupta, JJ.

Facts: The petition challenged Exception 2 to Section 375 IPC which exempted marital rape when the wife was between 15 and 18 years of age.

Issues: Whether this exception violates the fundamental rights of the minor wife under Articles 14, 15, and 21?

Held: The Court held the exception unconstitutional to the extent that it allowed intercourse with a minor wife, ruling that it violates bodily integrity and is contrary to the POCSO Act and Child Marriage Prohibition Act.

Significance: This judgment closed a major loophole in rape law and protected minor girls from marital sexual abuse.

• State of Punjab v Gurmit Singh

Citation: (1996) 2 SCC 384

Bench: K. Jayachandra Reddy, N.P. Singh, and G.T. Nanavati, JJ.

Facts: The accused were acquitted by the High Court in a rape case, despite the survivor’s clear and consistent testimony.

Issues: Can a rape conviction be based solely on the testimony of the victim?

Held: Yes, the Court held that the testimony of a rape survivor is sufficient for conviction if found trustworthy and does not require corroboration.

Significance: Reinforced the credibility of victims in sexual offence trials and discouraged patriarchal disbelief of women’s testimony.

• Lilu @ Rajesh v State of Haryana

Citation: (2013) 14 SCC 643

Bench: B.S. Chauhan and Fakkir Mohamed Ibrahim Kalifulla, JJ.

Facts: The survivor of sexual assault was subjected to the two-finger test to assess previous sexual experience, which was used to challenge her credibility.

Issues: Is the “two-finger test” constitutionally valid?

Held: The Court ruled it unconstitutional, holding that it violated the right to dignity and privacy under Article 21.

Significance: Prohibited this humiliating and unscientific medical practice, and emphasized survivor-centric legal procedures.

• Sakshi v Union of India

Citation: (2004) 5 SCC 518

Bench: R.C. Lahoti and G.P. Mathur, JJ.

Facts: The NGO Sakshi sought a broader interpretation of the term “rape” to include all forms of sexual abuse.

Issues: Can the Court broaden the scope of “rape” beyond penile-vaginal penetration under Section 375 IPC?

Held: The Court refused to expand the statutory meaning judicially, but recognized the need for legislative action and asked Parliament to act.

Significance: Paved the way for the POCSO Act, 2012, which defined and penalized a broader range of sexual offences.

• Bachpan Bachao Andolan v Union of India

Citation: (2011) 5 SCC 1

Bench: Dalveer Bhandari and Deepak Verma, JJ.

Facts: A PIL highlighted rampant child trafficking, forced labour, and the failure of authorities to rescue and rehabilitate victims.

Issues: Whether the State was fulfilling its obligations under child protection laws?

Held: The Court directed immediate implementation of child rights laws, rehabilitation measures, and setting up of child protection units.

Significance: Reinforced state accountability in protecting children from exploitation and forced labour.

• Joseph Shine v Union of India

Citation: (2019) 3 SCC 39

Bench: Dipak Misra (CJI), R.F. Nariman, A.M. Khanwilkar, D.Y. Chandrachud, and Indu Malhotra, JJ.

Facts: A PIL challenged the constitutional validity of Section 497 IPC (Adultery) as discriminatory.

Issues: Whether criminalizing adultery violates Articles 14, 15 and 21?

Held: The Court unanimously struck down Section 497 IPC, calling it patriarchal and violative of dignity and equality.

Significance: Though not directly about violence, it eliminated a colonial law treating women as male property, thus enhancing gender justice.

• Nipun Saxena v Union of India

Citation: (2019) 2 SCC 703

Bench: Madan B. Lokur and Deepak Gupta, JJ.

Facts: The case dealt with the handling of the identity of rape survivors and their treatment in the judicial process.

Issues: Should the identity of rape survivors be protected at all stages?

Held: The Court mandated strict confidentiality of victim identity, proposed fast-track courts, and emphasized survivor-friendly procedures.

Significance: Strengthened privacy and dignity protections for sexual violence survivors in line with Article 21.

• Court on its own Motion v State

Citation: 2012 SCC OnLine Del 2644

Bench: Acting on suo motu PIL by Delhi HC

Facts: Initiated after media reports revealed medical professionals failing to report child sexual offences.

Issues: Are doctors and stakeholders bound to report under POCSO Act?

Held: Yes, under Section 19 of the POCSO Act, all cases of suspected child sexual offences must be mandatorily reported.

Significance: Enforced compliance with child protection norms and established institutional responsibility.

1. In Re: Children in Street Situations

Citation: Suo Motu Writ Petition (Civil) No. 4/2021

Bench: N.V. Ramana (CJI) and others

Facts: During the second wave of COVID-19, children orphaned due to the pandemic were at risk of abuse and trafficking.

Issues: What protective measures must be ensured for orphaned or abandoned children?

Held: Directed State and Central governments to track, protect and rehabilitate orphaned children under the JJ Act, 2015, and ensured their access to education, food, shelter, and legal guardianship.

Significance: Reinforced the Court’s constitutional role as parens patriae and prioritized the rights of children in crisis.

GOVERNMENT INITIATIVES

In recent years, the Government of India has taken several crucial steps to address the growing concerns of offences against women and children. These initiatives range from legal reforms to welfare schemes, focusing on preventing violence, ensuring justice, and rehabilitating the victims. This section explores some of the significant programs introduced by the government to combat these offences.

Beti Bachao Beti Padhao (BBBP), 2015

Launched in 2015 by the Government of India, the Beti Bachao Beti Padhao (Save the Girl Child, Educate the Girl Child) scheme aims to address the declining sex ratio and promote the education and empowerment of girls. The initiative focuses on changing societal attitudes and promoting the importance of girls in education and economic development. It combines mass media campaigns, community mobilization, and interventions at the grassroots level to prevent gender-biased sex-selective elimination. The scheme has been instrumental in raising awareness about the value of girls, and it has helped improve the girl child’s access to education and overall social status. By encouraging girls’ enrollment in schools and addressing gender-based discrimination, it seeks to empower women and contribute to the socio-economic development of India.

Swadhar Greh Scheme

Launched by the Ministry of Women and Child Development, the Swadhar Greh scheme aims to provide temporary shelter, food, medical care, legal aid, and counselling to women who are victims of difficult circumstances. This includes survivors of domestic violence, sexual assault, trafficking, and destitution. The scheme ensures that women can access a safe space and support systems while reintegrating into society.

Ujjawala Scheme

the Ujjwala Yojana, launched in 2016, aims to safeguard women from the health hazards associated with traditional cooking methods that rely on firewood, coal, or kerosene. The scheme provides free LPG connections to women from Below Poverty Line (BPL) households, enabling them to access cleaner and safer cooking fuel. By offering an alternative to polluting fuels, the scheme significantly reduces the risks of respiratory diseases, burns, and other health issues, particularly among women and children. Moreover, Ujjwala Yojana empowers women by reducing the time and effort spent in collecting firewood and allows them to contribute more effectively to the economy and society. This initiative is also seen as a step toward improving the safety and well-being of women in rural and marginalized communities.

One Stop Centres (OSCs)

The One Stop Centre (OSC) scheme, launched under the Nirbhaya Fund, is designed to provide comprehensive support to women who have experienced violence in public or private spaces. These centers offer a range of services, including emergency assistance, legal aid, counseling, medical support, and temporary shelter for victims of violence. The scheme ensures that women can access all necessary services at a single point of contact, thus eliminating the need to approach multiple departments. It aims to reduce the trauma of women by offering immediate relief and long-term rehabilitation services. The OSC network, which operates across India, plays a critical role in providing timely interventions for women facing domestic violence, sexual assault, trafficking, and other forms of abuse.

National Creche Scheme for the Children of Working Mothers

The National Creche Scheme for the Children of Working Mothers provides child care services to children from 0 to 6 years of age, particularly those belonging to working mothers who cannot afford private childcare. This initiative ensures that children are cared for in a safe, secure, and nurturing environment while their parents are at work. The scheme provides early childhood education, health and nutrition services, and other essential facilities, aiming to improve the developmental outcomes of young children in working families. It is especially beneficial for women in low-income groups who may not have access to affordable childcare services, thus enabling them to continue working and supporting their families without worrying about their children’s well-being.

Pradhan Mantri Matru Vandana Yojana (PMMVY)

The Pradhan Mantri Matru Vandana Yojana (PMMVY) is a maternity benefit program that provides cash incentives to pregnant and lactating women in order to improve their health and nutritional status. Under this scheme, eligible women receive financial assistance for institutional delivery and the first six months of lactation, which helps reduce maternal and infant mortality. The program also encourages proper prenatal and postnatal care, promoting the health of both mother and child. By focusing on the nutritional needs of women during and after pregnancy, the scheme aims to provide financial support to women from low-income households, ensuring their well-being and improving maternal health outcomes across the country.

• Integrated Child Protection Scheme (ICPS)

ICPS was launched to provide a comprehensive protective environment for children in need of care and protection, as well as those in conflict with the law. Operating under the Juvenile Justice (Care and Protection of Children) Act, 2015, the scheme supports institutional and non-institutional care, Child Welfare Committees, Special Juvenile Police Units, adoption services, and training of child protection personnel.

Rashtriya Mahila Kosh (RMK)

The Rashtriya Mahila Kosh (RMK) was established by the Government of India to provide microfinance services to women from marginalized communities. It aims to promote women’s economic empowerment by facilitating access to credit for self-employment. The scheme focuses on low-income women, particularly in rural areas, and helps them set up or expand small businesses. By offering loans at affordable rates, RMK enables women to achieve financial independence and break free from cycles of poverty. The program has been successful in encouraging entrepreneurship among women and boosting their participation in the economic sector, contributing to broader socio-economic development.

Pradhan Mantri Matru Vandana Yojana (PMMVY)

The Pradhan Mantri Matru Vandana Yojana (PMMVY) is a maternity benefit program that provides cash incentives to pregnant and lactating women in order to improve their health and nutritional status. Under this scheme, eligible women receive financial assistance for institutional delivery and the first six months of lactation, which helps reduce maternal and infant mortality. The program also encourages proper prenatal and postnatal care, promoting the health of both mother and child. By focusing on the nutritional needs of women during and after pregnancy, the scheme aims to provide financial support to women from low-income households, ensuring their well-being and improving maternal health outcomes across the country.

Childline 1098

Childline 1098 is a 24×7 toll-free emergency helpline that responds to children in distress. It functions in coordination with local NGOs and child protection units to provide intervention, rescue, and rehabilitation in cases of child labour, sexual abuse, abandonment, trafficking, and missing children.

Nirbhaya Fund

Established in 2013 following the Nirbhaya case, this fund is dedicated to supporting projects for the safety and empowerment of women. It finances infrastructure like street lighting, surveillance systems, women’s helplines, forensic kits, and initiatives like One Stop Centres and SHe-Box. However, reports from the Comptroller and Auditor General (CAG) have pointed to underutilisation and delays in fund disbursal across several states.

‘SHE Teams’ (2014)

The ‘SHE Teams’ initiative, launched by the Ministry of Women and Child Development in collaboration with state police forces, aims to curb harassment of women in public spaces. The teams, consisting of women officers, patrol high-risk areas to prevent harassment, ensure prompt action against offenders, and educate the public on women’s rights and safety.

• Women Safety App (2017)

The Women Safety App was launched to ensure immediate help for women in distress. The app allows women to send distress signals to law enforcement agencies and their emergency contacts, thereby helping them get immediate assistance in critical situations.

RECOMMENDATIONS AND WAY FORWARD

Despite the enactment of comprehensive legislation such as the POCSO Act, 2012, the Protection of Women from Domestic Violence Act, 2005, and the Sexual Harassment of Women at Workplace Act, 2013, as well as reforms under the Bhartiya Nyaya Sanhita, 2023, crimes against women and children persist due to systemic, structural, and societal failures. A multidimensional strategy is therefore essential to bridge the gap between legislative intent and real-world outcomes.

1. Strengthening Legal and Institutional Frameworks

While India has a relatively advanced set of laws, several reforms can enhance their enforceability and effectiveness. The establishment of specialised fast-track courts for offences under BNS Sections 63, 64, 73, 85 and under the POCSO Act would ensure that cases involving sexual violence and domestic abuse are not lost in the backlog. Further, judicial officers and police must undergo mandatory gender-sensitisation training, with a focus on child-friendly and trauma-informed approaches. Periodic reviews and standardised national guidelines for implementing protection orders and victim compensation can close critical enforcement gaps.

2. Victim-Centric Implementation and Access to Justice

The legal system must shift from a punitive-only model to a victim-centric justice framework. This includes expanding one-stop crisis centres (OSCCs), ensuring 24/7 access to legal aid, trauma counselling, shelter homes, and medical care. The National Legal Services Authority (NALSA) and State Legal Services Authorities (SLSAs) must operationalise mobile units in underserved areas, particularly for women and children in rural or conflict-affected zones. Additionally, to protect victim anonymity and avoid secondary trauma, in-camera trials and digital deposition mechanisms must be made uniformly available across districts.

3. Reforming Police and Prosecutorial Functions

The first point of contact for victims is often the police. Dedicated women and child protection units must be created in every police station. These units should include trained female officers, child psychologists, and legal counsellors to conduct sensitive inquiries. Additionally, investigative timelines must be statutorily enforced, with disciplinary action against delay without cause. The Ministry of Home Affairs could also mandate annual performance audits of state police departments based on their response to gender-based violence.

4. Legal Literacy and Community Engagement

Public awareness is the linchpin of deterrence and reporting. A nationwide legal literacy mission, especially in regional languages, should be launched under the aegis of the Ministry of Women and Child Development, in collaboration with civil society organisations and local panchayats. Education on rights under BNS 2023, POCSO, and protective laws should be made a mandatory part of school curricula and higher education syllabi. Simultaneously, community-based surveillance mechanisms can be introduced to identify and intervene in high-risk environments for children and women—such as child labour sites, trafficking routes, and abusive homes.

5. Technology and Data-Driven Policy Making

To ensure transparency and accountability, the government must invest in a centralised, real-time database on crimes against women and children, case status, conviction rates, and enforcement actions. Data from NCRB, NCPCR, and NCW should be publicly accessible and updated quarterly. Artificial intelligence tools can be integrated for pattern recognition and predictive policing, particularly in trafficking and child sexual abuse imagery circulation. However, such surveillance must respect privacy and fundamental rights as enshrined under Article 21.

6. Legislative and Policy Reforms

Certain statutes require urgent reform. For instance, the time limitation under the POSH Act for filing complaints (currently three months) should be reviewed to accommodate delayed disclosures due to trauma. Further, the PWDVA could be amended to include penal consequences for non-compliance with monetary or residence orders, ensuring actual relief to victims. In POCSO cases, teenage consensual relationships must be differentiated from exploitative acts to avoid misuse and criminalisation of adolescents.

The government should also consider adopting a comprehensive anti-trafficking legislation to consolidate the fragmented legal regime under ITPA, JJ Act, and BNS. Policy frameworks must also include state accountability mechanisms, ensuring that each department has specific, time-bound deliverables in relation to the protection of women and children.

CONCLUSION

The issue of offences against women and children in India remains one of the most pressing challenges for the country, requiring urgent attention and sustained efforts across multiple sectors. Despite the existence of a robust legal framework, social stigma, weak enforcement, and deep-rooted cultural practices continue to perpetuate these crimes. Addressing these offences demands a comprehensive and collaborative approach, involving legal reforms, societal change, victim support, and active participation from all stakeholders, including the government, judiciary, law enforcement, civil society, and the public.

The legal provisions under the Bhartiya Naya Sanhita (BNS) 2019, coupled with other statutes such as the POCSO Act and the Domestic Violence Act, provide a strong foundation for tackling violence against women and children. However, to be truly effective, there is a need for timely implementation, capacity building for law enforcement, and victim-centric reforms. The focus should be on not only increasing penalties for offenders but also ensuring swift justice through specialized courts, faster legal proceedings, and better rehabilitation for survivors.

Further, addressing the root causes of violence — such as patriarchal attitudes, gender inequality, poverty, and lack of education — is equally crucial. Social awareness programs, coupled with economic empowerment and gender sensitization initiatives, will help create a society where women and children can live without fear of violence or exploitation.

In conclusion, the path to reducing offences against women and children in India requires a multi-pronged approach: strengthening laws, improving law enforcement, enhancing victim support, and most importantly, transforming societal attitudes. The collective responsibility of all sections of society is essential to create an environment that respects the rights, dignity, and freedom of women and children. Only through continued reforms and a sustained commitment can India aspire to a future where its women and children are safe, protected, and empowered.

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