ABSTRACT

Violence against women is a problem of pandemic proportions, violating fundamental human rights and impeding the overall development of a nation. Manifestations of such gender-based violence in various forms affect women across all sections of the Indian society. The legal provisions, though existing, often fail to successfully grasp the intricate complexities of such realities. This chapter attempts to contextualize and analyse these complexities and situate the existing legislations for relevance. A behavioural economics approach is adopted while also drawing from sociological and feminist literature. The legislations are analysed along the lines of two dominant spheres, households and public spaces, with an attempt to understand how violence manifests differently in these spaces, in turn resulting in variations in the women’s legislations framed. Legislations related to intimate partner violence, and violence and harassment in public spaces are emphasized to garner a deeper understanding of how patriarchy functions within the legal system, and within the larger narrative of the Indian ethos.