Empowering Women through the Provisions of B...

Empowering Women through the Provisions of Bharatiya Sakshya Adhiniyam 2023: Advancing Gender Equality and Fair Trials

Author Name : Prof. (Dr.) Sanjeet Singh, Dr. Sanjeev Kumar

ABSTRACT The law of evidence is used to ensure justice in legal proceedings but the way it is applied is deeply steeped in systemic gender biases. This paper analyses the implications that the Bharatiya Sakshya Adhiniyam, 2023 has on gender equality and women’s rights in such trials via an interrogation of how evidentiary provisions affect women’s rights and their entry to justice. The Constitution of India guarantees equality on the foundations of gender through Art. 14, 15, 15(3), 16, 39(a), 39(b), 39(c), and 42, yet due to socio-legal hurdles, the application of these provisions is widely ignored. Moreover, India's adherence to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) has not led to comprehensive gender-sensitive adjudication. The paper continues with a critical analysis of the existing legal frameworks, including gender-specific laws such as the Protection of Women from Domestic Violence Act, 2005 and the anti-dowry laws and also addresses whether they ensure fairness of the trial or not. Employing a doctrinal research approach to review constitutional provisions, statutory laws, judicial precedents, and policy reports, this study identifies gaps in the evidentiary framework. It also scrutinizes the judgments of the Supreme Court and High Courts to study the role of the judiciary in functioning a stride towards gender justice in abolishing fundamental evidentiary practices detrimental to women. Through an analysis of the BSA, this paper adds to a growing conversation on gender equality and equality in legal trials. It calls for gradual reforms that are necessary to adapt evidentiary practices by utilizing gender-sensitive adjudication, and achieving the desired approach of achieving procedural fairness along with substantive justice as its component for an inclusive legal system.