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Violence Without Justice: Re-Imagining Gender Justice In The 21st Century




Mamta Sharma, BA.LL.B., REVA University, Bengaluru

Nagashree R, BA.LL.B., REVA University, Bengaluru


1. ABSTRACT


In an era defined by global commitments to gender equality, the realisation of women’s human rights continues to be significantly undermined by widespread violence and enduring barriers to justice. This paper critically explores the persistent manifestations of gender-based violence (GBV), encompassing physical, sexual, psychological, economic, and emerging digital forms such as online harassment. It further examines why, despite the existence of landmark international frameworks such as the Convention on the Elimination of All Forms of Discrimination Against Women (1979), the Beijing Platform for Action (1995), and Sustainable Development Goal 5, violations remain pervasive across diverse socio-legal contexts.


Drawing on empirical data from global institutions, the paper highlights that nearly one in three women worldwide experiences physical or sexual violence during her lifetime, while femicide results in over 81,000 deaths annually. Intersectional factors including race, class, ethnicity, disability, and migration status intensify vulnerability, disproportionately impacting marginalised groups of women in both conflict and non-conflict settings.


The study further investigates structural barriers that obstruct access to justice, including outdated legal frameworks that prioritise reconciliation over accountability, institutional bias within law enforcement and judicial systems, deeply rooted victim-blaming narratives sustained by patriarchal norms, insufficient funding for survivor support services, and the increasing prevalence of technology-facilitated violence. Through a multidisciplinary approach integrating legal analysis, sociological insights, and feminist jurisprudence, the paper evaluates existing mechanisms such as the Istanbul Convention and national legislation on GBV, while identifying critical gaps in implementation.


The paper argues that achieving substantive gender justice requires a transformative approach one that harmonises domestic laws with international human rights standards, strengthens survivor-centric justice mechanisms, invests in preventive strategies through education and community engagement, and utilises technological innovations to enhance reporting and accountability. Ultimately, dismantling structural patriarchy and fostering collaboration among governments, civil society, international organisations, and the private sector are essential to eliminate violence against women and ensure the full realisation of their human rights.


Keywords: Gender-Based Violence; Women’s Human Rights; Structural Barriers to Justice; Intersectionality; Cyber Violence.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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