Patriarchy, Law And Human Rights: A Critical Study Of Violence Against Women

Abstract

Violence against women is one of the most pervasive human rights violations in the modern world, cutting across cultural, economic and political boundaries. It is rooted in patriarchy and systemic gender inequality, manifesting in forms such as domestic abuse, sexual assault, dowry deaths, honor killings, trafficking, and cyber violence. Internationally, violence against women has been recognized as a human rights violation through instruments like the Universal Declaration of Human Rights (1948), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, 1979), and the UN Declaration on the Elimination of Violence Against Women (1993). These frameworks emphasize state responsibility to prevent, investigate, and punish acts of gender-based violence. In India, the constitutional mandate of equality (Articles 14, 15) and dignity (Article 21) forms the basis of legal protection for women. Legislations such as the Indian Penal Code, the Dowry Prohibition Act, the Protection of Women from Domestic Violence Act, 2005, and the Sexual Harassment of Women at Workplace Act, 2013, provide comprehensive remedies. Judicial pronouncements, notably Vishakha v. State of Rajasthan (1997), Shakti Vahini v. Union of India (2018), and the Nirbhaya case (2017), have strengthened the legal discourse by treating violence as a constitutional and human rights violation rather than merely a private wrong. However, enforcement challenges persist. Social stigma, patriarchal mindsets, institutional apathy, and judicial delays hinder access to justice. While the legal framework is strong, its effectiveness is undermined by inadequate implementation and lack of gender sensitization. Globally, best practices such as the U.S. Violence Against Women Act (1994), Europe’s Istanbul Convention (2011), and Africa’s Maputo Protocol (2003) demonstrate effective policy models that India can adapt. This research argues that addressing violence against women requires a multi-pronged approach: stronger legal enforcement, institutional accountability, gender-sensitive education, technological tools, and deep-rooted social reforms. Violence against women is not merely a women’s issue but a fundamental human rights challenge. Eliminating it is essential to realizing equality, justice, and democratic ideals.