Advancing
Research Through
Open Knowledge

Women's Safety Laws In India: Constitutional Perspectives, Enforcement Challenges And Policy Reforms

Women’s safety is a significant constitutional, legal and social concern in India. The Constitution provides a framework of equality, non-discrimination, dignity, personal liberty, access to justice and affirmative protection, while Parliament has enacted specialised laws addressing domestic violence, sexual offences, workplace harassment, trafficking and other forms of gender-based violence. The Bharatiya Nyaya Sanhita, 2023 (BNS), together with the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), has altered the contemporary criminal-law framework governing offences, investigation and trial procedures. This article examines women’s safety through constitutional protection, statutory safeguards and institutional enforcement. It analyses Articles 14, 15, 21, 39A, 42 and 51A(e), and considers how access to legal aid, survivor dignity, privacy, reproductive autonomy and gender-sensitive adjudication shape the meaning of safety. It also examines under-reporting, delays, institutional insensitivity, inadequate victim support and uneven implementation. Recent judicial developments concerning sexual violence, victim dignity, reproductive autonomy and the R.G. Kar incident demonstrate that women’s safety requires more than formal legislation. The article concludes that effective protection depends upon survivor-centred policing, speedy and fair procedures, accessible legal aid, institutional accountability, gender-sensitive adjudication and sustained policy reform.