Welfare Without Respect? The Contradictions of Gender Justice in 2025

Introduction: Taking Stock of Gender Justice in 2025

Assessing a year through the lens of gender justice is never straightforward. 2025 reflected sharp contradictions—landmark judicial interventions, undeniable courage by women across professions, but also entrenched misogyny, political hypocrisy, and structural inequality. From the corridors of power to courtrooms, sports fields to workplaces, India’s gender story this year oscillated between progress and regression.

I. Abuse of Power and the Question of Consent: The Nitish Kumar Incident

One of the most disturbing moments of 2025 involved Bihar Chief Minister Nitish Kumar forcibly removing a Muslim woman doctor’s face covering during a government appointment ceremony in Patna. The act occurred in a public setting while the woman was receiving her appointment letter for an AYUSH position.

Legal Implications

Touching a woman without consent constitutes an offence under:

  • Section 354, Indian Penal Code (IPC) – Assault or criminal force to woman with intent to outrage her modesty

  • Article 21, Constitution of India – Right to life and personal liberty, including bodily autonomy and dignity

The defence offered by political leaders and media figures ignored the central issue of consent, a principle consistently upheld by Indian courts.

Judicial Precedent

  • Justice K.S. Puttaswamy v Union of India (2017)
    The Supreme Court recognised bodily autonomy and dignity as intrinsic to Article 21. Any non-consensual physical interference violates this right.

II. Electoral Gains, Patriarchal Reality

Despite Nitish Kumar securing electoral victory with strong support from women voters—bolstered by direct benefit transfers of ₹10,000 to over 14 million women—the incident raised concerns about instrumentalising women for votes without internalising gender equality.

This contradiction reflects a deeper issue: welfare without respect, empowerment schemes without attitudinal change.

III. Political Representation: The Illusion of Reservation

In September 2023, Parliament passed the Women’s Reservation Act, guaranteeing 33% reservation for women in legislatures. Yet, ground realities in 2025 exposed political reluctance.

Data Snapshot

  • Delhi Assembly (2025): Only 5 women MLAs (7%)

  • Bihar Assembly: 29 women in a 243-member House (12%)

Constitutional Context

  • Article 243D & 243T – Reservation for women in Panchayats and Municipalities

  • 128th Constitutional Amendment Act, 2023 – Reservation in Parliament and Assemblies (yet to be implemented fully)

The gap between constitutional promise and political practice remains stark.

IV. Domestic Violence and Marital Rape: A Legal Vacuum

Persistent Violence

Despite the Protection of Women from Domestic Violence Act, 2005, NFHS-5 data shows:

  • One in three women faces domestic violence

  • 83% of sexual violence cases involve husbands as perpetrators

Marital Rape Debate

India continues to retain Exception 2 to Section 375 IPC, which excludes marital rape for wives above 18 years.

Key Developments

  • Solicitor General opposed criminalisation, citing preservation of marriage

  • Shashi Tharoor’s private member’s bill sought removal of the exception

  • The issue remains pending before the Supreme Court

Judicial Context

  • Independent Thought v Union of India (2017)
    The Supreme Court held that marital rape of minors is unconstitutional, opening the door to broader challenges.

V. Dowry Deaths and Normalised Violence

In 2025, 6,156 dowry deaths were reported nationwide, barely attracting sustained public attention.

Relevant Law

  • Section 304B IPC – Dowry death

  • Section 498A IPC – Cruelty by husband or relatives

The horrific killing of Nikki Bhati, allegedly over dowry demands, underscored how social customs still overpower legal protections.

VI. Technology and Gender-Based Violence

New-Age Crimes

UN Women highlighted a rise in:

  • Cyber stalking

  • Deepfakes

  • Doxxing

  • Non-consensual intimate image sharing (NCII)

Globally:

  • 1 in 4 women journalists

  • 1 in 3 women parliamentarians
    have experienced online violence.

Policy Response in India

Following litigation by a young woman lawyer, the Ministry of Electronics and IT (MeitY) issued a comprehensive advisory in 2025:

  • Mandatory takedown within 24 hours

  • Grievance redress mechanisms

  • Technological safeguards to prevent re-uploading

Legal Framework

  • IT Act, 2000 (Sections 66E, 67A)

  • Article 21 – Right to privacy and dignity

VII. Workforce Participation: Numbers That Mislead

While Periodic Labour Force Survey (PLFS) data showed women’s workforce participation rising to 33.7%, economists caution this growth is largely due to:

  • Informal, unpaid or low-paid self-employment

  • Home-based micro-enterprises

Corporate Reality

  • Only 18% women in formal employment

  • 17% C-suite representation (McKinsey, 2025)

  • Over half of NSE-listed companies employ fewer than 10% women

Root Cause: Unpaid Care Work

Time-use surveys reveal:

  • Women: 289 minutes/day

  • Men: 88 minutes/day

This invisible labour continues to block economic equality.

VIII. Signs of Hope: Sports, Law, and Collective Action

Women in Sports

India’s Women’s Cricket World Cup victory (November 2025) under Harmanpreet Kaur symbolised generational change and institutional support paying dividends.

Legal Profession Reform

Women lawyers successfully challenged male dominance in Bar Councils.

Supreme Court Direction

  • Yogamaya M.G. & Shehla Chaudhary v Bar Council of India (2025)
    Court ordered 33% reservation, including at least one office-bearer post, for women in Bar Council elections.

IX. Cinema, Courage, and Institutional Accountability

The 2017 Malayalam actress assault case concluded with mixed outcomes:

  • Six accused convicted

  • Actor Dileep acquitted of conspiracy (appeal pending)

Despite partial justice, the survivor’s courage led to:

  • Formation of Women in Cinema Collective

  • Hema Committee Report, exposing systemic sexual exploitation in the film industry

This marked a watershed moment in industry accountability.

Conclusion: Resistance, Resilience, and the Road Ahead

2025 reaffirmed that laws alone cannot deliver gender justice—implementation, political will, and societal transformation are equally vital. From courtrooms to cricket fields, women pushed boundaries despite resistance.

In a year when gender rights suffered global setbacks, Indian women continued to fight—not for privilege, but for dignity, safety, and equality.

The message is unmistakable:
The gap remains—but so does the resolve to close it.

Location: Pune, Maharashtra, India

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