The implementation gap: Why strong laws aren't making women safer in Kerala

Written by Dr Gita Gopal for The New Indian Express

Kerala, a state long celebrated for its progressive social indicators and high literacy, is confronting an uncomfortable truth: its robust legal frameworks and dedicated institutional arrangements are failing to protect women from violence. Laws such as the Protection of Women from Domestic Violence Act and policies like the Nirbhaya Policy provide a strong legal framework for addressing violence against women. A 'paper perfect' set of institutions have also been established to implement them. Yet the results on the ground remain unsatisfactory and discouraging.

Official statistics reveal increasing reporting of crimes against women but decreasing and alarmingly low conviction rates for such crimes (see Table 1). “While higher reporting of cases can be seen as a positive sign of awareness amongst women in Kerala, the low conviction rate of crimes against women is highly discouraging; only 8 out of 100 women actually achieve convictions in the end,” a policy analyst noted at a recent workshop organised in Trivandrum by the Centre for Public Policy Research (CPPR).

The data clearly shows that Kerala has one of the poorest conviction rates among all the states. Perhaps more disturbing than the legal failings is the profound cultural acceptance of violence, prevalent even among justice actors. Several participants at the workshop spoke about the shocking finding from the National Family Health Survey-5 (NFHS-5) that 52% of women in Kerala, aged between 18 and 49, believe a husband is justified in beating his wife under at least one of specified reasons (e.g., disrespecting in-laws, neglecting the house or children, etc.). The fact that one out of two women in Kerala justifies spousal violence, albeit for specific reasons, lays bare the insidious nature of the problem—that spousal violence has been normalized to the point of being internalized by the majority of its own victims.

In response to this crisis, experts and stakeholders at the workshop outlined a multi-faceted action plan, arguing that the state must shift from a reactive to a proactive and preventative strategy. “The focus of our institutions must evolve beyond mere response,” a participant urged. “We must work to dismantle the systems and attitudes that allow this violence to happen in the first place.”

Participants noted the criticality of strengthening the justice and investigative system. A paramount need is to overhaul institutional mechanisms by fast-tracking cases, implementing consistent Standard Operating Procedures (SOPs) across all services, improving investigative processes for cases dealing with violence against women, and conducting regular, participatory reviews of existing policies.

Another important suggestion was the need to ensure coordinated accountability through systematic monitoring. Participants stressed a vital need for seamless integration between the police, judiciary, health department, and civil society. A key proposal from the workshop suggests it would be very useful to establish live monitoring dashboards in each district under the District Collector to track progress in real-time in cases relating to violence against women, forcing inter-agency coordination and accountability. Such district level data can be aggregated at the state-level.

To address the deep-seated cultural mindsets, experts called for a massive push towards gender-transformative education from an early age, alongside public awareness campaigns that actively engage men and boys to challenge harmful stereotypes and foster a culture of consent and respect. “Women are getting empowered”, one participant said, “but the need of the hour is for men to shift male mindsets.” With cyber-crimes on the rise, enhancing digital literacy to protect women from online harassment was also seen as a critical front in the battle. Although there is recognition of the long-lasting psychological trauma of violence, the workshop highlighted the need for a deeper investment in accessible, affordable, trained and culturally sensitive mental health and counselling services for survivors.

The findings from the CPPR workshop in Trivandrum present a stark paradox that Kerala can no longer afford to ignore. The state's celebrated progressive identity is being fundamentally undermined by the dual failure of its justice system and the deep-rooted cultural acceptance of violence. The action plan outlined—integrating systemic reforms, ensuring coordinated accountability, and fostering a cultural shift through education—is not merely a list of recommendations but a vital roadmap for survival and justice. Bridging the chasm between progressive laws on paper and the lived reality of women is now the most critical test of the state's commitment to its own ideals and the safety of half its population.

(The author is Special Advisor on Gender Studies at the Centre for Public Policy Research (CPPR). She worked with the World Bank for two decades, where she led gender and community-driven development programmes across Africa and Asia. She later served as Gender and Child Advisor to the government of Kerala.)