Violence against women (VAW) is rampant in India, and rising every year. However, Indian laws are geared towards punishing individual instances of such violence, instead of attempting to eradicate the problem itself. This is owed in part to the incomplete understanding of the causes and effects of such violence. Here, I advance a feminist understanding of VAW, wherein it is seen as a result of gendered prejudices designed to keep women in subordination. I show that international human rights law now endorses this feminist understanding, and trace the evolving understanding of equality in Indian courts to argue that given its current understanding as substantive equality, VAW can and should be seen as a form of sex discrimination due the cycle of disadvantage it creates for women. I critically analyse several decisions by Indian courts that show a move towards acceptance of VAW as a form of sex discrimination, and point to the limitations of these decisions. Finally, I propose various ways in which envisaging VAW as a form of sex discrimination would lead to a better framework of laws for not only countering such violence, but also eradicating it.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.