Gender, Law, and Class: The Unseen Barriers to Justice for Marginalized Women

The words of the police officer still echo: “Madam, why don’t you just close the curtain to avoid such incidents?” This was his response after I, a lawyer, a woman dealing with the raw trauma of an incident, came to the police station for help. His words, dripping with patriarchal assumption, perfectly encapsulate the systemic and societal barriers women face. It’s not just a matter of justice; it’s a battle against the deep-seated patriarchy, social norms, and the invisible chains of the caste and varna systems that continue to keep women quiet. This incident wasn’t an isolated event; it was a painful reminder of how the very legal system designed to protect us can become an instrument of harassment.

My experience that night, being told to visit a police station at 11:30 PM, then facing a dismissive and victim-blaming response, was a microcosm of a larger problem. I went to the police station to register a complaint under Sections 78 and 79 of the BNS Act. When I tried to recount my story, the police officer’s focus shifted not to the accused, a man in his 60s, but to me. “Call konasobat hota?” (Who were you on a call with?) he asked, as if my conversation partner was somehow relevant to the crime.

This line of questioning, and the expression on his face, was a second wave of trauma. The first issue I had to overcome wasn’t the police, but my own fear of telling my parents, a fear that they would question my experience or suggest I had misunderstood. Only after my brother and father witnessed the accused’s actions did they believe me.

This entire process, from the initial trauma to convincing my family and then facing a hostile and indifferent police force, is a journey many women undertake alone. It raises a critical question: if a lawyer with legal knowledge and family support faces such issues, how can a common person, a marginalized woman from a Dalit background, for example, even begin to navigate this system?

The Inherent Bias of the System

My experience with income tax offices further highlights this disparity. The support for the corporate sector is streamlined and accessible. They have dedicated professionals to handle every process, and their work is completed with ease. However, for women-led organizations working for marginalized communities, the process is a labyrinth of red tape and indifference. We are for marginalized Dalit women, yet the system is set up to provide easy support for the corporate sector.

This is compounded by the fact that the decision-makers in these government bodies are often from privileged classes and are predominantly male. Women constitute a very small percentage of decision-making roles within government. While there has been an increase in women’s representation in local Panchayati Raj Institutions (PRIs) due to reservations (about 46% of representatives are women), their presence in state legislative assemblies is only around 9%, and in the Lok Sabha, it’s about 14%. Even when women hold these positions, their effectiveness is often questioned, and their decisions can be undermined by a system dominated by privileged, male perspectives.

This gender and class gap creates a disconnect, where policies meant to help marginalized women fail to consider the on-the ground realities they face.

A Pragmatic Approach to Legal and Compliance

A key part of women-led organizations’ work is the legal and compliance component, which directly addresses the issues I faced. For grassroots women, especially those who are illiterate or lack formal education in law and governance, navigating the system requires a series of pragmatic steps. The problem isn’t the law itself; it’s the lack of implementation and the biased mindset of the people within the system.

If a government official holds a mindset like the police officer I encountered, how can marginalized women survive? The path forward, exemplified by organizations like CORO, involves:

  • Simplifying Legal Information: Grassroots organizations translate complex legal concepts, such as property rights, forest rights (including the Panchayats Extension to Scheduled Areas (PESA) Act), and other relevant laws, into simple, local languages. This empowers women with foundational knowledge, turning them from passive recipients to informed participants.
  • Building a Network of Support: Instead of a solitary fight, women are organized into groups like Mahila Mandals and Self-Help Groups. These collectives provide emotional support, share experiences, and, most importantly, present a united front when dealing with government officials. This collective strength counteracts the individual’s vulnerability.
  • Creating Accountability: These organizations work to sensitize bureaucrats and hold them accountable. They train women to document their interactions, understand their rights to public services, and escalate issues when they are dismissed. This ensures that officials cannot simply ignore or harass them without consequence.
  • Providing Procedural Guidance: The privileged class has people who work for them, while a marginalized woman has to learn every aspect of the process herself if she wants to continue her work boldly. These organizations provide step-by-step guidance on how to secure identity documents, open bank accounts, and fill out applications for government schemes. This hands-on approach ensures they are not dependent on others and can confidently navigate the system.

This approach transforms the individual woman into a knowledgeable and capable agent of change, armed not just with legal knowledge but with the confidence and collective power to demand respect and enforce her rights. It’s about turning a system designed to keep her silent into a tool she can wield to rewrite her own narrative.

About the contributor: Archana Vasant Tekale is a Legal and Compliance Officer at CORO India, Mumbai, Maharashtra. She is a fellow of the YWLPPF 3.0 – Young Women Leaders in Public Policy Fellowship, Cohort 3.0.

Disclaimer: All views expressed in the article belong solely to the author and not necessarily to the organisation.

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Acknowledgement: This article was posted by Rashmi Kumari, a research intern at IMPRI.

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