ABSTRACT

This work concludes that a large number of women are approaching the courts with their complaints of domestic violence. They are voicing their concerns and invoking their citizenship rights as granted to them by the Constitution. However, the courts are reinforcing the dominant regressive values. The law provides a platform for women to raise their concerns, yet at the same time, the state is denying justice to women while twisting and manipulating the legal process. This work argues that it is necessary to eliminate stereotypes, myths, misogyny, and sexist norms that guide the operation of law to pave the way for gender justice. Instead of debating about the ‘false cases’, efforts may be made to eradicate violence itself and eliminate patriarchy. The approach of the misogynist (in)justice as prevalent today needs to be encountered. The term ‘justice’ has to be understood broadly in the Indian context and to do that, I deploy Nancy Fraser’s trivalent model of justice in the broader feminist scholarship of gender and law that discusses three aspects of justice—economic, sociocultural, and political.