Understanding Women’s Rights, Gender Equality and India’s Legal Challenges:
In an insightful episode of The Rishika Show, host Rishika Kaushal speaks with Advocate Ankita Sambyal about the complicated realities surrounding women’s rights, gender equality and India’s legal system. The conversation goes beyond familiar debates to examine how social attitudes, legal provisions and institutional challenges can affect both survivors and those accused of wrongdoing.
From the casual use of labels such as “characterless” to discussions around domestic violence, Section 498A, marital consent and the concerns surrounding misuse of legal provisions, the conversation explores why equality cannot be understood through a single gendered lens. It also raises important questions about how the justice system can become more accessible, timely and effective.
When Society Becomes the First Judge:
One of the most striking aspects of the discussion is the way language itself can reinforce gender stereotypes. Words such as “characterless” are frequently used to judge women based on their relationships, choices or personal lives. Yet such moral labels do not determine criminal liability under Indian law.
This difference between social judgment and legal judgment is important. A person may face intense criticism within society even when the conduct being discussed does not amount to a criminal offence. The conversation highlights how these double standards can affect women disproportionately, particularly when questions of relationships, sexuality or personal choices become public.
The Reality Behind Domestic Violence:
Another significant issue examined in the discussion is domestic violence. Mistreatment in a home is not always apparent. It may include physical assault, emotional mistreatment, sexual violence, verbal degradation, or financial manipulation. For numerous survivors, accessing the legal system marks just the start of a challenging journey. Financial reliance, familial pressure, anxiety over societal judgment, and worries about children can all affect an individual’s decision to report abuse or seek legal recourse.
At the same time, the discussion acknowledges concerns surrounding the misuse of certain legal provisions. Section 498A of the Indian Penal Code, historically dealing with cruelty by a husband or his relatives, has been the subject of significant legal debate and safeguards because courts have also addressed allegations of misuse. Recognising this concern, however, does not remove the need to ensure that genuine victims can access protection and justice.
The Debate Around Marital Consent:
The conversation also enters one of the most complex areas of Indian criminal law:
Marital rape and consent within marriage!!
Traditionally, Indian law includes an exception for a man engaging in sexual intercourse with his wife, governed by statutory requirements and other legal stipulations. The matter has sparked significant legal and public discussion, raising questions regarding bodily autonomy, marriage dynamics, and the extent of criminal law. Rather than reducing the matter to a simple “men versus women” argument, the discussion points toward a larger question:
How should the law balance individual autonomy, protection from sexual violence and the legal framework governing marriage?
Beyond “Real” and “Fake” Feminism:
Another important theme is the tendency to divide conversations about gender into labels such as “real feminism” and “fake feminism.” Such labels can sometimes shift attention away from the actual issues.
Equality is not about automatically believing one gender or dismissing another. It is about creating systems in which allegations are investigated fairly, survivors receive support, accused persons receive due process, and laws are applied consistently.
This broader human-rights approach also makes room for conversations about men who experience abuse, false allegations or other forms of vulnerability, without using those concerns to dismiss genuine violence against women.
Reforming the Justice System:
The conversation ultimately turns toward the need for meaningful institutional reform. Delayed justice can place enormous emotional and financial pressure on everyone involved in a legal dispute, particularly survivors of serious crimes. Suggestions such as specialized or fast-track mechanisms for heinous offences raise an important issue:
Justice must not only exist in law but also be accessible and timely in practice.
Genuine equality necessitates more than just awareness initiatives or discussions on social media. Legal awareness, enhanced institutional support, accountability, thorough investigations, and a societal climate where victims can express themselves without immediate judgment are essential. The answer lies not simply in changing laws, but in changing the way society understands justice itself.
References / Sources:
- The Rishika Show — Advocate Ankita Sambyal interview
- India Code
- Supreme Court of India
- Ministry of Women & Child Development
- NFHS-5 Report – IIPS
- Author/ Writer: Aarchi Verma