Critical Examination Of The Principles Of Presumption In Favour Of Women Through The Lens Of Gender Justice, Equity, And Safeguard
Ms. Namika Dubey School of Legal Studies, LNCT, University, Bhopal
Dr. Yogini Upadhyay, Assistant Professor School of Legal Studies, LNCT, University, Bhopal
ABSTRACT
The principles of legal presumption in favour of women form a cornerstone of modern rights-based jurisprudence, designed to correct historical imbalances and structural violence. This paper critically examines these statutory presumptions prevalent in criminal, matrimonial, and socio- economic legislation through the foundational lenses of gender justice, substantive equity, and protective safeguard. By shifting the burden of proof in specific offences such as dowry deaths, domestic cruelty, and sexual assault, the legislature recognises that formal equality fails in an inherently unequal social fabric. These presumptions function as essential corrective mechanisms, ensuring vulnerable litigants are not structurally disadvantaged by the rigorous, traditional standards of proof that often shield systemic abuse. However, a critical examination reveals a complex tension between providing protective shields and maintaining the constitutional mandate of fairness and due process. While these provisions have successfully elevated the voices of marginalised women within the judicial system, their contemporary application faces scrutiny. The paper explores the delicate judicial balancing act required to ensure these safeguards serve their true emancipatory purpose without degenerating into instruments of procedural asymmetry or undermining the bedrock criminal law principle of the presumption of innocence. Furthermore, the study analyses how evolving societal dynamics require a shift from rigid protective paternalism toward a more nuanced framework of substantive equity. It evaluates judicial trends to understand how courts navigate false implications while simultaneously reinforcing safeguards for genuine victims. Ultimately, this paper argues that for legal presumptions to truly achieve gender justice, they must not operate in isolation they must be constantly calibrated by judicial discretion and paired with structural institutional reforms, ensuring the legal machinery acts as an instrument of genuine empowerment rather than mere formal protection.
Keywords: Legal Presumption, Gender Justice, Substantive Equality, Section 113A, Section 113B, Bharatiya Sakshya Adhiniyam, Dowry Death, Sexual Assault, Burden of Proof, Presumption of Innocence, Women's Rights, Constitutional Safeguards
