Authors: 1. MANASA NALLAPURAJU 2. MANSHI MAAN 3. PRAGATI SINGH 4. SNEHA S S 5. VIRINCH BHASKAR PADMNABHAM

ABSTRACT

This study reflects on the enduring gap that exists between the different laws that have been set up in India over the years and how safe women really are. It is noted that after the “Nirbhaya” incident in 2012 the Indian government shifted from a colonial, era protectionist approach to an autonomy, based jurisprudence, leading to the enactment of the Bharatiya Nyaya Sanhita (BNS) 2023 as part of India’s broader criminal law restructuring framework intended to strengthen responses to gender-based violence.16 This report, however, argues that these reforms are still one of the “reactive legislative wins” which do not acknowledge a sizable judicial and fiscal administration implementation gap. By institutional performance audit, the research identifies judicial lethargy and long-standing shortages in judicial manpower remain central constraints, with national pendency levels exceeding five crore cases across courts.23 as the primary causes of the justice system where trial pendency cancels the deterrent effect of stricter penalties. The research uncovers the “safety paradox” of urban governance, in which fiscal resources are disproportionately allocated toward surveillancebased interventions rather than structural prevention mechanisms.20, 21 in that most of the fiscal resources are being used for “negative liberty” measures, such as technological surveillance, which places the responsibility of safety on the victim instead of dealing with the root social causes. In addition, this paper argues against the “literacy myth” and argues
that formal education is an insufficient solution for violence arising from patriarchal social control. When compared to international “wellbeing” models, such as New Zealand’s Te Aorerekura national prevention strategy, which frames violence prevention as a long-term wellbeing obligation coordinated across justice, health, and social institutions14, the study suggests a shift towards implementation, focused governance. The following sections build on this argument by situating the issue within global and national contexts, followed by an analysis of institutional, fiscal, and urban governance factors shaping women’s safety in India.