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Gendered Power in Law Enforcement and the Justice System in India

Gurpinder Kumar

Assistant Professor
Centre for Women’s Studies
University of Allahabad
Prayagraj, Uttar Pradesh (India)

Abstract

This paper investigates the manifestation of gendered power in India’s law enforcement and justice system, emphasizing how institutional structures and cultural practices reproduce patriarchal hierarchies. While constitutional and legal reforms have increased women’s visibility in policing and the judiciary, gendered norms continue to constrain their roles and effectiveness. Drawing on feminist legal theory, intersectionality, and recent empirical research, the study explores how masculinized police cultures and hierarchical judicial frameworks inhibit equitable access to justice. All-women police stations (AWPS), though designed to support survivors of gender-based violence, often become marginal spaces within the broader policing apparatus, providing symbolic inclusion without substantive authority (Jassal, 2020). Moreover, the interaction of gender with caste, class, and geography further entrenches inequalities, particularly for Dalit and Adivasi women seeking redress (Rege, 2006). The paper analyzes policy developments, including the Criminal Law (Amendment) Acts and police reform reports, to assess their effectiveness in transforming institutional cultures. It argues that increasing the numerical presence of women in law enforcement is insufficient without dismantling structural barriers and addressing deepseated biases. The study advocates for intersectional policy frameworks, gendersensitization programs, and community-based restorative justice models as means to foster gender-equitable justice delivery. Through a comprehensive review of legal frameworks, case studies, and field-level dynamics, this research contributes to understanding the complex interplay between gender, power, and the Indian criminal justice system.

Keywords: Gendered Power, Law Enforcement, Justice System, Feminist Legal Theory, Intersectionality, Caste, and Gender Justice.

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