The criminal justice system plays a crucial role in shaping the experiences of women who come into contact with it, be they victims of crime or defendants. Despite progress in recent decades, women continue to face significant barriers and challenges within the criminal justice system, including gender bias, discrimination, and lack of representation, among others.

At the local, regional, national, and global levels, crimes against women are forever increasing. Women's crime is a worldwide problem. Despite all of the advancements, women continue to be victims of terrible atrocities all across the world. The UN Declaration on the Exclusion of Crime against Women (1993) states that "crime against women is an expression of traditionally imbalanced power relations between men and women, which have led to command over and discrimination against women by men and to the anticipation of the full development of women."1

Women who are Victims of crime, face unique challenges, including difficulty reporting crimes due to stigma or fear of retaliation, and a lack of sensitivity and understanding from law enforcement and other actors of criminal justice. Additionally, there is a constant fear among these women victims that the system may fail to recognize and address the specific types of crimes, experienced by them, such as domestic violence and sexual assault, and they may be subjected to victim blaming, as a result, often crimes against them go unreported. Any form of violence against women is a serious violation of Articles 14, 15, and 21 of the Indian Constitution, which safeguard women's human rights and fundamental rights.

Women defendants too face significant barriers in the justice system, including a higher likelihood of being imprisoned for non-violent offenses, and a lack of access to adequate legal representation. Additionally, women in the criminal justice system face challenges related to their gender, including discrimination, sexual harassment, and a lack of services to address their specific needs, such as access to reproductive health care, mental well-being, etc.

Indian Context:
In a country like India, women are disproportionately affected by crime and have to face significant challenges within the criminal justice system. Some of the most common crimes experienced by women in India include domestic violence, sexual assault, and trafficking, among others. Despite the prevalence of these crimes, women in India have to face several barriers to accessing justice and obtaining adequate protection.

Adding to already existing challenges in the justice system, the prevalent culture of victim blaming and a fear of stigma or retaliation discourages these women from reporting crimes. India is taking action to implement all women into social and political life, but on the other hand, its women are subjected to inhumane treatment and the fear of violence, jeopardizing both women's and the country's progress. It is a well-known truth that the number of crimes against women is a negative sign of growth, and India is currently dealing with a serious challenge in this regard.2

It is a well-known fact that the criminal justice system in India is often slow, ineffective, and prone to corruption, making it difficult for women to seek justice and obtain protection. Furthermore, women who are defendants in the criminal justice system often face discrimination and a lack of access to adequate legal representation either due to lack of finances or lack of family support, all these further compound the difficulties they are facing.

Though women's rights and protections within the Indian criminal justice system have been a matter of significant concern for many years, despite the progress in recent years, women in India continue to face numerous obstacles in accessing justice, including gender-based violence, discrimination, and unequal treatment under the law.

One major issue is the widespread underreporting of crimes against women, including domestic violence, sexual assault, and harassment. Fear of reporting cases is a major barrier for many women who are victims of crime in India. This fear can be driven by a number of factors, including:

Social Stigma:

Women who report crimes against them, especially sexual crimes, may face social stigma and victim shaming/blaming. This can be particularly damaging in communities where there is a strong cultural taboo against discussing such issues publicly. Such incidents also lead to loss of jobs, loss of future employment, etc., and hence such fear of loss of livelihood restrains them from reporting such crimes.

Fear of Retaliation:

Women may be afraid to report crimes out of fear of retaliation from the perpetrators or their associates. This is particularly true in cases of domestic violence, where women may fear for their own safety and that of their children and families.

Lack of Trust in the Criminal Justice System:

Many women do not trust the criminal justice system, including the police and the courts, to handle their cases effectively and sensitively. This can be due to past experiences of corruption, bias, or a lack of understanding of the law. The system still has a very less number of women hence there is a pre-determined notion that the prevalent patriarchal nature of society will never be able to grant justice to these women, especially in cases against men.

Lack of Access to Resources:

Women who are from marginalized communities, such as low-income families or rural areas, may face barriers to accessing resources, such as legal aid or support services, that would help them report crimes and navigate the criminal justice system. They are not aware of their own rights, and often fall prey to frauds and scams by imposters who promise them with providing justice.

Furthermore, there have been concerns about the treatment of women by the criminal justice system itself, including discrimination by law enforcement officials, unequal treatment in the courts, and inadequate support and protection for women who are victims or witnesses in criminal proceedings, as a result often women witnesses t urn hostile in fear of facing the wraths of the society.

To address these issues, the Indian government has enacted a number of laws and policies aimed at protecting women's rights and promoting gender equality within the criminal justice system.

Some of the key provisions include:

With respect to women victims:

• The Indian Penal Code:
  The Indian Penal Code (IPC) includes provisions criminalizing various forms of violence against women, including rape, sexual harassment, domestic violence, and trafficking. The IPC also recognizes and punishes crimes such as dowry deaths and cruelty by husbands and in-laws.
   
• The Code of Criminal Procedure:
  The Code of Criminal Procedure (CrPC) provides for special provisions for the protection of women, including protection orders and the appointment of women police officers for the investigation of crimes against women. The CrPC also provides for expedited trials in cases of crimes against women and includes provisions for in-camera proceedings and witness protection.
   
• The Protection of Women from Domestic Violence Act:
  This act provides for the protection of women from domestic violence, including physical, emotional, sexual, and economic abuse. The act provides for protection orders, compensation for the victim, and the establishment of shelters for women who have been subjected to domestic violence.
   
• The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act:
  This act provides for the prevention, prohibition, and redressal of sexual harassment of women at the workplace. The act requires employers to establish a complaint mechanism and provides for penalties for non-compliance.
   
• The Immoral Traffic (Prevention) Act:
  This act provides for the prevention of prostitution and trafficking of women and children. The act includes provisions for the protection and rehabilitation of victims of trafficking and for the punishment of perpetrators.
   
• The Criminal Law (Amendment) Act, 2013:
  The Nirbhaya case, in which a female student was gang-raped in December 2012, prompted the enactment of the Criminal Law (Amendment) Act, 2013. Several provisions of the Indian Penal Code, Indian Evidence Act, and Criminal Procedure Code were changed by the Act.
  
  Several new offenses have been recognized and incorporated into the Indian Penal Code as a result of this amendment, including acid attack (Section 326 A & B), voyeurism (Section 354C), stalking (Section 354D), attempting to disrobe a woman (Section 354B), sexual harassment (Section 354A), and sexual assault resulting in death or injury resulting in a persistent vegetative state (Section 354 (Section 376A).

To comply out the Constitution's objective, the state has passed a number of laws aimed at ensuring equal rights, preventing social discrimination and other forms of violence and atrocities, and providing support services, particularly to working women. Although women can be victims of any crime, such as 'murder,' 'robbery,' or 'cheating,' acts directed exclusively.3

These provisions in Indian law aim to provide women with a legal framework for seeking justice and protection from crimes committed against them. However, it is important to note that the implementation of these laws and the support provided to women who have experienced crimes can vary across the country, and more needs to be done to ensure that women are able to access their rights and protections under the law.

Provisions To Protect The Rights Of Women Who Are Accused Or Convicted Of Criminal Offenses:

• The Indian Penal Code:
  The Indian Penal Code (IPC) provides that women cannot be punished with the death penalty or life imprisonment, except in rare circumstances. This is in recognition of the fact that women are often subjected to violence and exploitation and may be vulnerable to abuse within the criminal justice system.
   
• The Code of Criminal Procedure:
  The Code of Criminal Procedure (CrPC) provides for the appointment of women police officers to investigate crimes committed against women and to deal with women accused of crimes. The CrPC also requires that women be kept in separate facilities from men in jail and that they be searched only by women officers.
   
• The Juvenile Justice (Care and Protection of Children) Act:
  This act provides for the protection and rehabilitation of children, including female children, who are accused of crimes. The act provides for the establishment of special facilities for juvenile offenders, including separate facilities for boys and girls.
   
• The Prison Act, 1894:
  The Prison Act provides for the treatment of female prisoners in accordance with their rights and needs. The act requires that women be kept in separate facilities from men, and provides for special provisions to address the needs of pregnant women, women with children, and women with disabilities.

These provisions aim to ensure that women who are accused or convicted of crimes are treated fairly and humanely within the criminal justice system. However, in practice, the implementation of these provisions is not effective, and there have been reports of women being subjected to abuse and mistreatment within the criminal justice system.

There is an evident lack of awareness among women and also a failure in the implementation of the existing protective laws on the ground level, and hence to address these challenges, there is a need for systemic reforms within the criminal justice system in India, including the implementation of gender-sensitive policies and practices, and the development of programs and services specifically designed to support women who are victims of crime.

Additionally, education and awareness-raising efforts are needed to challenge the culture of victim blaming and to encourage women to report crimes and seek justice. Also, accused women have the right to a fair trial and the same needs to be ensured for them.

It is important to mention that women defendants in India have a right to legal aid under the Indian Constitution and various legal provisions. Legal aid is the provision of assistance to individuals who are unable to afford a lawyer, in order to ensure that everyone has access to justice.

Some of the provisions are:

• The Legal Services Authorities Act:
  The Legal Services Authorities Act provides for the establishment of legal aid and advice services for individuals who are unable to afford a lawyer. The act requires that legal aid be provided to women who are accused of crimes, and that special provisions be made for women who are vulnerable or marginalized, such as those who are poor, illiterate, or victims of violence.
   
• The Prison Act, 1894:
  The Prison Act provides for the appointment of legal aid to prisoners who are unable to afford a lawyer. This includes women defendants who are in jail and require legal assistance.
   
• The Legal Aid Clinics:
  The Legal Aid Clinics are an initiative of the government of India and provide legal aid and advice services to individuals who are unable to afford a lawyer. These clinics have been established in several states across the country and provide free legal services to women who are accused of crimes.

All these above-mentioned provisions aim to ensure that women who are accused of crimes have access to legal aid and representation, in order to ensure that they receive a fair trial and are able to defend themselves against criminal charges. However, in practice, the implementation of legal aid provisions can be inconsistent across the country, and women may still face challenges in accessing legal representation.

Some Other Relevant Laws For Protection Of Women Rights In India Are:

1. Protection of Women from Domestic Violence Act, 2005
2. Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994
3. Commission of Sati (Prevention) Act, 1987
4. Indecent Representation of Women (Prohibition) Act, 1986
5. The Medical Termination of Pregnancy Act, 1971 (Amended in 2021)
6. Dowry Prohibition Act, 1961
7. The Maternity Benefit Act, 1961 (Amended in 2017)
8. Immoral Traffic (Prevention) Act, 1956
9. The Hindu Marriage Succession Act, 1956 (Amended in 2005)
10. The Hindu Marriage Act, 1955
11. The Special Marriage Act, 1954
12. The Family Courts Act, 1954

Some Of The Landmark Cases In India Which Dealt With Issues Related To Women And Criminal Justice:

• Tukaram vs. State of Maharashtra (1979):
  This case dealt with the issue of separate detention facilities for women and the court held that women prisoners must be kept in separate, secure and decent facilities.
   
• State of Maharashtra v. Madhavrao S/o. M.L. Dhawale (1991):
  The case dealt with the issue of custodial rape, which refers to the rape of a woman by a public official while she is in police custody. The Supreme Court of India held that custodial rape is a heinous crime and that the government is under an obligation to protect women from such abuse. The court also laid down guidelines for the protection of women in police custody.
   
• Vishaka and others v. State of Rajasthan (1997):
  This case dealt with the issue of sexual harassment in the workplace. The Supreme Court of India held that sexual harassment is a violation of women's human rights and that employers are under a duty to provide a safe working environment for women. The court also laid down guidelines for the prevention of sexual harassment in the workplace.
   
• Sakshi v. Union of India (2004):
  This case dealt with the issue of medical examination of rape victims. The Supreme Court of India held that medical examinations of rape victims must be conducted in a manner that is sensitive to the victim's rights and dignity, and that medical examinations should not be used as a means of further traumatizing the victim.
   
• Sharmila Kantha vs. State of Maharashtra (2005):
  This case dealt with the issue of solitary confinement of women prisoners and the court held that solitary confinement is a form of cruel, inhuman and degrading treatment, and women prisoners cannot be subjected to such conditions.
   
• Sunita Kumari vs. State of Jharkhand (2010):
  This case dealt with the issue of medical care for female prisoners in Jharkhand, and the court held that female prisoners have the right to receive proper medical treatment and facilities, especially during pregnancy and childbirth.
   
• Selvi vs. State of Karnataka (2010):
  This case dealt with the issue of the use of polygraph and narcoanalysis tests on female prisoners and the court held that these tests violate the privacy and dignity of women and cannot be used without their consent.
   
• Babita Puniya v. State of Haryana (2017):
  This case dealt with the issue of sexual exploitation of women in the police force. The Supreme Court of India held that women police officers who are subjected to sexual exploitation must be provided with support and assistance and that their rights must be protected. The court also laid down guidelines for the protection of women police officers from sexual exploitation.

These cases have helped to strengthen the legal protections for women in India, and have helped to raise awareness about the various forms of violence and abuse that women can face within the criminal justice system. However, there is still much work to be done to ensure that women's rights are fully protected and that women are able to access justice in a manner that is fair and effective.

It is important to continue working to ensure that women defendants have access to legal aid and representation, in order to protect their rights and ensure that they receive a fair trial, and the women victim have a safe and supportive environment to ensure justice to them.

Conclusion:
Despite the various provisions on paper, for protecting the rights of women and specially affected women who are either victims or defendants in a given matter, there is a gap that needs to bridge in order to make justice easily accessible to these women on the ground level, in reality, and not just on a piece of paper.

Efforts are to be made in the implementation of the existing laws and revising of policies and procedures to make them more women-friendly in order to create a sense of trust and belief in these affected women towards the criminal justice system.

There is still a long way to go to ensure that women in India are able to access justice and are treated fairly and equitably within the criminal justice system. Addressing these challenges will require a sustained commitment from the government, the legal community, and society as a whole to promote gender equality and protect the rights of women.

To conclude, we need to understand that it is important to create a supportive environment where women feel comfortable reporting crimes and have access to the resources they need to do so. This could include increased public awareness campaigns, strengthening the criminal justice system to ensure that it is more responsive to the needs of women, and providing support services to women who have experienced crimes.

It is also important to address the cultural and social attitudes that contribute to the stigma surrounding the reporting of crimes against women. Also, efforts to improve the implementation of legal aid provisions, increase public awareness about the right to legal aid, and provide training and support to legal aid providers are essential to make justice accessible to every person in need.

Reference:

1. http://memoires.scd.univtours.fr/EPU_DA/LOCAL/2015_M2RI_SHAKTHE_SHARAVANA%20KUMAAR.pdf
2. Prof. (Dr.) Pawan Kumar Mishra and Alok Kumar , Indian Criminal Justice System and Crime against Woman: A Critical Analysis, 5 (2) IJLMH Page 1291 - 1305 (2022), DOI: https://doij.org/10.10000/IJLMH.112941
3. https://www.hindustantimes.com/india-news/more-than-370-000-cases-of-crimesagainst-women-reported-in-2020-says-govt-101639625323320.html
4. Indian Courts on female victims of sexual Crimes: Recent Developments- G.S.Bajpai and Preetika Sharma.
5. The National Policy for Women Empowerment (2016). Retrieved from: http:/wcd.nic.in/acts/draft-national-policy-women-2016