BRIDGING THE GENDER JUSTICE GAP IN INDIA - A Law Reform Proposal for Gender-Responsive Access to Justice

Abstract

Gender justice in India has developed through constitutional guarantees, protective legislation and an expanding body of judicial decisions. Yet formal equality has not consistently translated into substantive equality. Women and gender-diverse persons continue to encounter barriers arising from unequal access to institutions, gender stereotypes, economic dependence, gaps in implementation and uneven institutional capacity. The central problem is therefore not the absence of law alone, but the distance between legal entitlement and practical access to justice. This policy brief proposes a Gender Justice Access and Accountability Framework designed to strengthen implementation without creating an entirely separate legal regime. The proposal focuses on five connected reforms: mandatory gender-responsive legal-aid and referral mechanisms at district level; standardised protocols for police, prosecutors and other first-contact institutions; stronger accountability and monitoring of statutory compliance; gender-impact assessment for major criminal and social legislation; and an integrated national data framework capable of measuring not only complaints and convictions but also delays, withdrawals, access to legal aid and institutional outcomes. The proposal also recommends targeted amendments to existing institutional frameworks, including clearer statutory duties for designated nodal officers, time-bound reporting, independent audits and minimum training standards. Comparative experience from the United Kingdom, Australia and Canada demonstrates that equality objectives become more effective when supported by institutional duties, impact assessment and measurable accountability rather than relying exclusively on general prohibitions. The proposed reforms can be implemented in three phases over thirty-six months. The immediate phase would establish standards and pilot district-level mechanisms; the medium-term phase would institutionalise monitoring and impact assessment; and the long-term phase would integrate evaluation into legislative and administrative decision-making. The objective is not to privilege one gender over another, but to make equality before law meaningful by reducing structural barriers to justice and improving the responsiveness of public institutions.