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ISSN 2063-5346
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INDIAN COURT AND GENDER STEREOTYPING: CHALLENGES AND SUGGESTIONS

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Ishani Dave1*, Dr. Rekha Patel2
» doi: 10.48047/ecb/2023.12.si10.0072

Abstract

The attainment of justice by women is a challenging endeavour due to the presence of patriarchal, cultural, and caste norms. The notion of "compromise" is prevalent in the judicial system, including cases of sexual assault. Despite the existence of comprehensive substantive and procedural aspects of law, the constitutional commitment to equality remains an elusive aspiration for women. In India, various intersectional factors such as tradition, caste, religion, and culture have been identified as obstacles in the pursuit of justice for women. Gender bias is a prevalent issue within the criminal justice system. The present study utilises pivotal legal cases to illustrate the partialities demonstrated by courts in cases pertaining to sexual assault and rape. The present study will additionally draw upon feminist theories to underscore the imperative for legal frameworks to comprehend the entrenched historical and socio-political underpinnings that underlie gender-related concerns. The conclusion of the paper provides recommendations for eliminating gender bias within the judicial system. In order to achieve gender justice, it is imperative that the law functions as a transformative tool. It is imperative for legal professionals, including lawyers and judges, to remain impartial and avoid being swayed by personal biases or prejudices. Furthermore, they must exhibit social sensitivity when adjudicating cases involving crimes perpetrated against women.

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