Impact Of Gender-Based Violence On Women’s Right To Health: Legal And Human Rights Perspectives
- IJLLR Journal
- 2 days ago
- 2 min read
Sajithra M, Assistant Professor, Veltech School of Law, Vel Tech Rangarajan Dr. Sagunthala R&D Institute of Science and Technology, Avadi, Chennai, Tamil Nadu
ABSTRACT
Gender Based Violence (GBV) is one of the most prevalent forms of human rights violations against women, yet its severe consequence on women's health is under-recognized in legal and public health systems. This paper places GBV within the framing of human rights and the right to health by indicating that each form of physical, sexual, emotional, and economic violence against women violates their basic rights to dignity and equality before the law and bodily integrity.
The study investigates how GBV has grave physical, reproductive, and psychological consequences. Women who experienced domestic violence or sexual assault are more likely to present injuries, chronic pain, reproductive tract infections, unintended pregnancies, and long-term gynaecological problems. Apart from the physical trauma, GBV contributes to psychological conditions like sadness, anxiety, trauma, and post-traumatic stress disorder. Most survivors face further adversities like social stigma, threats of vengeance, dependence for finances, and limited access to medical and legal facilities. These barriers hinder or limit the ability to access health services, thereby breaching the basic guarantee of the right to health under Article 21.
The study primarily evaluates the efficacy of some major Indian legislative frameworks, including the Protection of Women from Domestic Violence Act, the Indian Penal Code, and the Sexual Harassment of Women at Workplace Act, in securing the right of women to a life without violence. Judicial interpretations that expand the scope of Article 21 to include health, dignity, and mental well-being are also discussed. The report also draws on international human rights standards like CEDAW and the Universal Declaration of Human Rights, which cast specific duties upon states for non- violence, protection of survivors, and accessible treatment. Loopholes in implementation persist despite legislative safeguards. Many survivors experience insensitive medical treatments, discrepancies in medico-legal paperwork, inadequate mental health support, and a lack of coordination between health professionals and law enforcement. These systemic flaws mirror broader structural bias and amount to a violation of the positive obligations of the State under both domestic and international law.
This study advocates for a holistic, survivor-centered, and gender-sensitive healthcare approach. Medico-legal strengthening, enhancement of hospital responses, trauma-informed therapy, and strengthening of collaboration among police, legal authorities, and health facilities are essential. Recognition of gender-based violence as a public health and human rights issue is fundamental for women to fully claim their rights to health and to live with dignity and equality.
Keywords: Gender-Based Violence, Women’s Right to Health, Human Rights, Domestic Violence, Reproductive Health, Article 21, Mental Health, CEDAW, State Responsibility, Gender Equality.
