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By- B.B. Pande

Sir Henry Maine’s two theorizations propounded in the classic Ancient Law (1917) relating to static or “Status” condition in the earlier non progressive societies and “Contract” condition in the latter progressive societies, continues to impact every human development discourse. Here we have endeavoured to explore the “Status” to “Contract” theorization from the stand point of the Indian women, particularly the protection of the women’s interests under the Penal Code and the Bhartiya Nyaya Sanhita 2023 (BNS 2023). The four-part discussion begins with the Constitutional foundations of “gender justice” followed by the colonial penal policy and protection of the women, Protection of women under the newly introduced BNS 2023 and the Contemporary ground level realties of penal protection needs and practices. The conclusion is that though there are tall promises about “gender justice” in our political discourses and policies, but at the ground level the progress remains tardy. We are still to address and change the patriarchal and misogynist mindset that continues to impair the movement of the Indian women towards the “Contract” condition.

Keywords: Contract, Status, Movement from Status to Contract, Gender Justice, Bhartiya Nyaya Sanhita