Author: R. Abinaya, Chennai Dr. Ambedkar Govt. Law College, Pudupakkam
Abstract :
When laws fail to protect, silence becomes the loudest scream”. Human rights are fundamental rights of people in the country to protect their foremost responsibility of the government. In India the vulnerable people face a several problems such as sexual harassment, Human trafficking, the literacy rate of women increase due to several factors like child marriage, forced labour.the addiction of modern technology is effecting the mental health of the children and face several problems . The paper focuses on the contemporary issues faced by the vulnerable people like migration,refugee women , children and women’s witness rights . Net neutrality is giving certain guidelines to children to use modern technology in the proper way. The vulnerable people who were forced to come to India don’t have proper schemes,law and commission . They face a several issue like rape, human trafficking, mental health issues and they don’t haver proper education because of lack of documents. The major issues faced by such people is health, so there is a lack of proper sanitation for them . The other major part was migrated people have several laws to protect them but it is not effective because still the people face problems such as forced labour, threat of detention because The laws enacted in India are ineffective .The next discussed how women and children face a major problem in India and the crime rate of women is increasing day by day . The final part discusses women’s witness rights and the lack of protection of women witness rights is a great contemporary issue. The women’s witness protection scheme 2018 was brought for protection of women to replace the section in Crpc, Even though women witnesses face several issues because of their poor implementation of the scheme and inadequate resources,they face heavily Aquatic in caste and communal violence
To the point
The women in India face a structural vulnerable problem in India. In India day to day several women, child have been sexually harassed in India. The differently abled person in India who has several issues , they don’t properly recognize in India. The legal system in India gave equal opportunity to people , protection from discrimination and still the legal framework works India In work place ,digital space, home and migrants till now they face an inequality, the major problem is not only in law but the implementation of law too.
Legal jargon :
The analysis of vulnerability of women in India as several law in India
❖ Under Article 14 , 15 and 19 of Indian Constitutional as fundamental right to the vulnerable people ; the law provide an equal opportunity to people, Prohibit of discrimination and freedom of work
❖ POSH act : this act gives protection to women and to take action action sexual harassment, sexual assaults.
❖ Witness protection scheme and last criminal law safeguard:
The proof :
The Constitutional framework of women’s in India such under article 14,15,19 and 21 of the Constitution which support women ‘s protection from non discrimination, equality, liberty and dignity. The sexual harassment act 2013 protect the women from sexual harssment at workplace and the supreme Court to protect the right of witness brought up with ideas of witness protection scheme so these are mesures to proof that there is legal frame work in India is protection of vulnerability.
Critical analysis:
The central contradiction of women protection is in the case of nirbhaya the women was brutal rape in 2012 was death and there wide protection against the case in India but still the sexual harassement are still happening in india the criminal law in India has been Amedment for protection of women . The vishaka v. State of Rajasthan the case was landmark judgement which brought with protection for women at work place and the PHOSCO act was framed there no change still women face an harassement at workplace. The law is there but not effective and law is implemented but not proper.
Women’s vulnerability is intensified by social and economic factors. Domestic violence, dowry , inequality, wage and correlated silence are widespread because Patarichy operates inside families and several institutions. Legal remedies exist but still victims often lack other social factors.
Case Law ;
➢ Vishaka v. State of Rajasthan case held that the woman was sexual harassment at working place she was officer to prevent child marriage but she prevent child marriage but she was harassement by the people of the village in the casr SC held the guidelines for tge protection of women at working place :
➢ Nirbhaya case ; the woman was brutal gang rape And she was raped at private bus which sc held to protect women safety so the sc held to strong the criminal protection for women in India
Key problem:
❖ Sexual violence persists despite criminal law reform, showing a gap between penal statutes and enforcement.
❖ Workplace harassment continues because internal complaints systems are often weak or symbolic.
❖ Domestic violence remains underreported due to dependency, stigma, and fear of retaliation.
❖ Witness intimidation discourages women from participating in criminal trials.
❖ Migrant and refugee women face heightened risks because of insecurity, lack of documentation, and weak access to services.
❖ Digital platforms create new forms of abuse, including cyberstalking, blackmail, and online harassment
Conclusion :
Women’s vulnerability in India is legal and Constitutional issues in India. The legal framework in India for the protection of women is still lack in progress not only women who was working, sports etc but the women who was raped his own relative person still say the dominant of men in India. To progress women safety India should provide not only law but also proper legal implementation and strong executive for the safety of the women. But legal awareness should be there in India for implementation of strong women safety for upcoming generation In India.
FAQS:
1. What are legal implementation for protection of women in India?
The legal implementation for the protection of women in India under Constitution framework as fundamental rights and POSH act, domestic violence and criminal act.
2. Whether the legal implementation should be Amendment or not?
There are several laws in india for protection of women as well as the development of women in India but how was such implementation make an development of India is still progress so the implementation of law should be Amendmented.
