Understanding Justice Delivery System from the Perspective of Women Litigants as Victims of Domestic Violence in India (Specifically in the Context of Section 498-A, IPC)

Abstract

The present study attempts to understand the justice delivery mechanism from the perspectives of women litigants specifically within the context of Section 498-A Indian Penal Code (IPC). This research work empirically examines and explores the process of women's resistance to the male dominion within the sphere of family and law. It ventures specifically into narratives of women victims of violence involved in the process of litigation within the context of the law relating to domestic violence i.e. Section 498-A, IPC. It does not attempt to examine the judgments pronounced on the issue or try to read in between the lines of court records, rather it looks at the functioning of the Mahila Courts operational in Delhi from the perspective of women litigants in relation to the above law. The study examines the process of operation of law within the larger context and its implication on women. While exploring the individuals' endeavour for justice, it attempts to draw linkages between micro-level struggles with laws and policies at the macro-level, which affects daily lives of victims of violence. The study suggests that the justice delivery system does provide a platform for a woman to raise her concerns and a space to negotiate for her rights, yet, at the same time, it also acts to disqualify her claims and often ends up in re-victimizing the victim.

Keywords: Women, Domestic Violence, Litigants, Indian Penal Code, Criminal law, Legal remedies, Section 498-A, cruelty, married women, justice, legal system, mahila courts, journey to seek justice