Beyond Criminal Justice: Towards Tort Liability For Sexual Violence Against Women

Arshia Jain, School of Law, Narsee Monjee Institute of Management Studies, Navi Mumbai, Maharashtra, India

Introduction

Violence and the law explain that male violence against women has been a long-standing issue. Until recently, the law's failure was acknowledged. While it is unlikely that the Commonwealth or the States and Territories will envisage a comprehensive legal response to crime, the degree of tolerance must be investigated and debated in a variety of areas of the law. A brief review of court decisions on a variety of legal matters reveals that violence is frequently part of a legal conflict history or tradition that is often overlooked or dismissed as irrelevant. However, in cases involving intimate relationships, judges often overlook or disregard harassment when the situation is not legally classified as 'involving crime.' In particular, the following cases demonstrate that courts can address male harassment of women. However, women's responses to the law showed that there was no cohesion in such judicial commitment to harassment issues. The Senate Standing Committee on Legal and Constitutional Issues examined gender discrimination in the judiciary under the heading of sexual and judicial harassment. Concerns about sexual discrimination against women are the topic of the May 1994 report. Historic and societal preconditions that do not recognize women's equal care are already being seen as private citizens, according to the Committee.