Why Are Courts Ignoring the Everyday Realities of Women’s Struggle for Justice?

 Why Are Courts Ignoring the Everyday Realities of Women’s Struggle for Justice?

In recent years, a troubling narrative has taken hold in many Indian courtrooms: the idea that women are misusing the Domestic Violence Act. This narrative, often repeated without thorough evidence, reflects a deep-rooted suspicion of women's voices, especially when they speak out against abuse. What the courts fail to see—or choose to ignore—are the everyday, lived realities of women who are systematically silenced, disbelieved, and denied justice.

Let me share the story of one of my clients, which highlights the grave injustice being carried out in the name of procedure and skepticism.

She was a government employee, financially independent, and had a daughter from a previous marriage. Hoping for companionship and stability, she married a man from Calcutta who had been divorced. What unfolded after the marriage, however, was nothing short of betrayal and abuse. This man emotionally and financially exploited her. Under the pretext of buying a house for their future together, he took control of her salary, drained her savings, and even coerced her into taking loans in her name.

Then he vanished, leaving her with mounting debt, false promises, and a child to support.

When we approached the court under the Protection of Women from Domestic Violence Act, hoping for relief and protection, the response was disheartening. Despite repeated efforts, the man refused to appear before the court. Instead, he sent her threatening messages, harassing her from a distance. When we presented these messages as evidence and requested a protection order, the court did not act. Rather than offering urgent protection to a woman clearly under duress, the court insisted on giving the man yet another chance to appear.

For nearly a year, this cycle continued. The police claimed they had pasted the summons at his address in Calcutta—a symbolic gesture at best. The legal system moved at a glacial pace while my client lived in fear, burdened by debt, and emotionally shattered. Eleven months later, she received news that he had died. Just like that, the court closed the case.

No protection. No justice. No acknowledgment of the harm she endured.

And now, she is left with nothing but the consequences of his lies—trapped under the weight of loans taken in her name, with no recourse, no restitution, and no home. The documents for the house were fake. There is no property to claim, no inheritance to fight for, only a lingering sense of abandonment—not just by the man who exploited her, but by the very system that was supposed to protect her.

She tried to console herself, thinking of this as her karma. But are these really her failures, or is it because of the indifference of the system that she suffered? 

Is this what justice looks like?

The courts' reluctance to believe women’s experiences of domestic violence reflects a dangerous and systemic failure. While concerns about misuse of the law exist and should be addressed responsibly, they cannot become an excuse to dismiss genuine cases outright. Every time the courts delay action, demand yet another piece of evidence, or wait endlessly for the accused to respond, they are enabling abusers and endangering survivors.

Justice delayed is not only justice denied—it is justice undone.

We need a judicial system that understands the complexity of domestic abuse, especially when it involves financial manipulation, coercive control, and emotional trauma. Women don’t just need legal provisions; they need courts that act swiftly, sensitively, and decisively.

Until then, the law remains a promise unfulfilled. And women like my client will continue to pay the price.