The Supreme Court of India has raised a pressing question about the persistence of patriarchy, noting that control over women's bodies and choices continues despite decades of legal reform and constitutional guarantees.
A question that goes beyond the courtroom
A bench of Justices Sanjay Karol and N Kotiswar Singh observed that "patriarchy still permeates the everyday," asking, "Why does control over women's bodies, choices, and lives persist so deeply?"
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The remarks came while the court upheld a life sentence in a 2011 Rajasthan case involving the murder of a woman by her husband, an incident the bench linked to domestic abuse and dowry-related violence, reported Hindustan Times.
Laws exist, but gaps remain
Reflecting on India's legal framework, the court noted that the Constitution guarantees equality and non-discrimination. However, it said these ideals have not fully translated into reality.
"The Constitution promises equality, non-discrimination on the basis of sex and the right to life and liberty…however, cases such as these demonstrate that even after so many years, rights… are still elusive for many," HT quoted the judgment released on April 4.
The bench pointed to key laws and rulings, including the Dowry Prohibition Act, 1961 and other protections addressing domestic violence and workplace harassment, as part of sustained institutional efforts.
Data reflects a troubling reality
Backing its concerns with figures, the court highlighted that more than 4,48,000 crimes against women were recorded in 2023. It also noted that dowry-related violence continues to claim over 6,000 lives annually.
"Despite this sustained intervention from different branches of government, empirical data show that all is not well. It presents a sobering picture indeed," the judgment said.
Domestic violence complaints remain among the most common, underlining the vulnerability many women face within their own homes.
A deeper structural issue
The court described a "paradox" where visible progress in education and workforce participation coexists with entrenched inequality. It noted that in many parts of the country, especially beyond urban centres, patriarchal norms continue to shape everyday life.
"Authority within the household is still overwhelmingly male, and women's autonomy is often conditional and constrained," the bench said.
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Rejecting the idea that such crimes are isolated, the court observed, "Practices such as domestic abuse or even extreme acts like burning a wife…persist not as aberrations, but as indications of a disease-afflicted social order."
In its concluding reflection, the court turned the focus toward society itself. "After decades of laws, schemes, reforms…why does the control over women's bodies, choices, and lives still persist so deeply within society?" it asked, adding that the answer may lie with "We, the People of India."
