Justice For Women - Roles Of Policies, Statues And Judgments Have Shaped Women Empowerment Laws In India
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Category: General Law
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JUSTICE FOR WOMEN: ROLES OF POLICIES, STATUES
AND JUDGMENTS HAVE SHAPED WOMEN
EMPOWERMENT LAWS IN INDIA
Harshita X, The Tamil Nadu Dr. Ambedkar Law University, Chennai, Tamil Nadu “You can tell the condition of a nation by looking at the status of its women” - Pt. Jawahar Lal Nehru1
ABSTRACT
Empowerment allows people, particularly women, to obtain access to knowledge and resources, make their own decisions, and take charge of their life while confronting limiting traditional standards. Women's empowerment has emerged as an important topic in India, showing the country's developing commitment to gender equality. The Indian Constitution specifically outlaws gender discrimination and includes a number of legal safeguards to protect and empower women. However, a sizable section of the female population is unaware of their constitutional and legal rights. This study critically explores significant legal provisions aimed at empowering women in India, with a focus on the crucial role of constitutional instruments in advancing gender equality.
It emphasizes important legislative efforts and policies initiated by the Legislature, key statutes enacted by the Executive, and transformational decisions handed down by the Judiciary. By studying these frameworks and their impact on women's rights, the report underlines the importance of increased awareness and enforcement in closing the gap between constitutional ideals and ground realities. This study emphasizes the importance of a collaborative approach to ensuring women's empowerment, fostering societal justice, and addressing persistent gender gaps in the Indian setting. Keywords: Women Empowerment & Rights, Constitutional Provisions, Legal Protection, Executive Enforcement, Legislative Empowerment 1 (1St Prime Minister of Independent Bharat) Her Current Condition - Empower Women, Radha Soami Satsang Beas (2020), https://rssb. org/empower-women4. html (last visited Dec 8, 2024).
1. INSPIRATION AND INTRODUCTION
Hey! I'm a newbie to this world, and today marks my first day here. Just a little bundle of happiness, I'm looking around and attempting to figure out where I am. The world seems so big and vibrant, yet I am only a child and don't know what to make of it. I can feel the excitement, happiness, anxiety, and even confusion of everyone around me. Many
people are staring at me, there is a lot of commotion, and the lights are brilliant. I'm not sure why, though, because I see that a lot of people are whispering, asking why I'm not a guy. How about a son? Why not someone who satisfies the expectations of the world? The families' quiet voices make me question why they are so concerned. Then I saw my mom, though. Her smile—oh, her smile—and her warm, blazing eyes! I have never seen anything so brilliant. The fact that I am a girl doesn't seem to bother her in the least. She lifts me up and holds me close to her heart while talking in my ear as though nothing else matters. I feel safe, loved, and warm in her arms. She gives me such a loving gaze, as though to say, "What the world says doesn't matter. " You are my pride, my love, and my treasure.
I then came to the stunning realization that I am sufficient regardless of what other people may think or anticipate. Regardless of my gender, I have a purpose, I am valued, and I am appreciated. There is only unconditional love and acceptance in my mother's arms, despite what the outside world may think. But as I become older, the complexity of the world will become apparent. I'll discover that my patriarchal society has historically kept women in the home and given them little say in how decisions are made. It was commonly believed that a woman's role was restricted to taking care of the home, cooking, and raising the children, while the males in the family controlled all other decisions, especially those pertaining to inheritance and property. Women were denied the ability to inherit for many years, and their opinions were frequently ignored when it came to family and social issues.
The profoundly embedded prejudiced mindset in Indian society persisted even after the Constitution guaranteed equality in status and opportunities. Even when laws were passed, centuries-old patriarchal customs frequently hindered their actual effects on the ground.
The culture of India is patriarchal. The women were restricted to taking care of the home, had no influence over decision-making, and were typically not inherited any property. Despite the Constitution's guarantee of equality of position and opportunity, discrimination persisted throughout society. The socio-legal component must be included in order to assess the current state of crime against women. The Supreme Court has rendered landmark rulings on a variety of topics, such as employment equality, reproductive rights, violence, discrimination, and individual liberty. They highlight how crucial the judiciary is to protecting and promoting women's rights in the nation. Nevertheless, as I mature and observe the environment, I notice something amazing: a shift.
The struggle for women's rights is shaped by landmark court rulings as women like me defend their rights, dignity, and social standing. In addition to providing justice to individual women, the Supreme Court of India, the nation's top court, begins issuing rulings that open the door for social change.
1.1. FROM OPPRESSION TO EMPOWERMENT
The position of women in India is a result of a complicated interaction between historical and sociocultural elements. Appreciating the shifts and difficulties women have encountered in India's quest for gender equality requires an understanding of this process, including the creation of legal frameworks. 2 Histo-cultural Elements Socio-cultural Elements Though their standing differed by area and The caste system has had a significant impact era, ancient Indian writings such as the on women's status in India; Dalit (lower- Rigveda emphasized the veneration of caste) women continue to face discrimination goddesses and recognized women's active and marginalization because of their gender societal roles. Social shifts during the Middle and caste, which is exacerbated by the system.
5 Through diverse customs and Ages resulted in more limits on women's 2 Pooja Rani & Sinshupa, Gender Equality and Women's Empowerment in Law in India, 2 Knowledgeable Res.
1 (2023), http://knowledgeableresearch.com/.
5 Nibedita Priyadarsini & Satya Swaroop Panda, Caste Patriarchy and the Dehumanization of Dalit Women in Indian Society: Phoole–Ambedkarite Perspective, 15 Contemporary Voice of Dalit 61 (2021), https://journals.sagepub.com/doi/10.1177/2455328X211039324 (last visited Dec 8, 2024).
rights in some cultures, with repressive practices throughout various communities, customs like purdah (the seclusion of India's religious diversity has further women) and sati (widow-immolation) impacted women's status and frequently becoming common.3 A major change reflects the junction of patriarchy and faith. occurred during the British colonial era, Historically, gender roles and expectations when Indian laws were impacted by colonial have been determined by patriarchal legal systems, which frequently introduced standards that are strongly ingrained in reforms while also reiterating discriminatory Indian society, placing women in subservient practices. The Widow Remarriage Act of roles. Despite continuous attempts at reform
1856 and the Bengal Sati Regulation of 1829,
and empowerment, these structural which outlawed sati, had opposing impacts; injustices, which have their roots in caste, they exposed women to new forms of religion, and patriarchy, nevertheless affect women's rights and social responsibilities.6 marginalization under colonial rule while also suppressing some regressive habits.4 Women's empowerment is a revolutionary discourse in which women actively question longstanding conventions and fight for their rights, resulting in increased prosperity and civic engagement. Empowerment, which is closely related to feminist movements, entails enhancing social conditions, opposing discriminatory behaviors, and embracing a more comprehensive view of gender equality. The topic of women's empowerment has become increasingly significant in India as a national and international issue.7
2. MEANING AND DEFINITION OF WOMEN EMPOWERMENT
"Multi-dimensional social process which helps people to get control over their own lives" is
3 Aditi Roy, The Role of Women in Vedic Society: A Historical
Perspective, AcademyofVedicVidya (2024), https://www.academyofvedicvidya.com/post/the-role-of-women-invedic-society-a-historical-perspective (last visited Dec 8, 2024). 4 Social Policies and Social Changes, Unacademy (2022), https://unacademy.com/content/upsc/studymaterial/modern-indian-history/widow-remarriage-act/ (last visited Dec 8, 2024). Reforms in the Sati System, Drishti IAS (2024), https://www.drishtiias.com/daily-updates/daily-newsanalysis/reforms-in-the-sati-system (last visited Dec 8, 2024). 6 Dr Ramesh, The Social Status of Indian Women of Different Periods in the Patriarchal Society, 5 Research Ambition: An International Multidisciplinary e-Journal 1 (2021), https://www.redalyc.org/journal/7039/703973410005/html/ (last visited Dec 8, 2024).
7 Women’s empowerment in India, from ancient period to modern time period., Times of India
Blog (2022), https://timesofindia.indiatimes.com/readersblog/scatteredthoughts/womens-empowerment-inindia-from-ancient-period-to-modern-time-period-46689/ (last visited Dec 8, 2024).
the definition of women's empowerment. It is a procedure that empowers individuals to take action on the issues they deem significant in their own lives, communities, and societies. 8 Enhancing a woman's access to several areas of development, including economics, politics, health, and education, is known as women's empowerment. A person who is empowered can be self-sufficient and handle things by themselves. Women's empowerment is the process of giving women the same chances as men in a variety of areas, including politics, work, healthcare, and education, as well as the ability to take charge of their lives and make decisions. It places a strong emphasis on giving women the tools they need to become economically independent, stand up for their rights, and lead honourable lives.
Women’s Empowerment includes granting women the self-assurance, chances, and autonomy to make their own decisions in life. It includes: • Self-Worth: Feeling valued and confident in their abilities. • Freedom to Choose: Making decisions about their education, career, health, and life. • Equal Opportunities: Access to education, jobs, healthcare, and financial resources. • Control Over Life: Having a say in personal and family matters. • Driving Change: Standing up for their rights and contributing to a fair and equal society.
3. CONSTITUTIONAL VISION FOR WOMEN EMPOWERMENT
India's constitutional framework, which arose in the wake of decades of hierarchical institutions, including caste-based discrimination, religious marginalization, and ingrained gender disparities, is firmly rooted in its dedication to equality. The 1950 adoption of the Indian Constitution set the stage for resolving these historical injustices by making strong and unwavering promises to equality and human rights. In addition to granting women equality, the Indian Constitution gives the government the authority to implement positive discrimination policies that benefit women in order to offset
8 Sabhya Kaushal, Social, Political, Economic Empowerment of Women, SCC Online1.1 JCLJ 49 (2020).
the accumulated socioeconomic, educational, and political disadvantages that they experience. 9 The Indian Constitution lays forth a vision of a just society that prioritizes equality of position and opportunity, social, economic, and political justice, as well as the freedom of opinion, speech, religion, faith, and worship. 10 The underlying desire to reverse the consequences of a highly stratified social structure, such as the caste system, the marginalization of religious minorities, and gender-based discrimination, is reflected in these principles. By upholding these values, the framers aimed to protect everyone's fundamental rights, guaranteeing respect and friendship while fostering national cohesion and integrity. By guaranteeing women's equality and dignity in society, the Indian Constitution seeks to uphold and advance women's rights.
Social, economic, and political are the three main categories into which these regulations fall. An overview of the pertinent constitutional provisions and how they support women's empowerment in several areas is provided below:
3.1. Social Rights for Women Empowerment
Article 15(1): Any Indian citizen cannot be subjected to state discrimination on the basis of gender identity, sexual orientation, or sex. This provision, which forbids discrimination against anyone on the basis of gender in public affairs, is essential to guaranteeing social equality for women.11 • Article 15(3): The state has the authority to provide mothers and children with preferential treatment. This clause gives the government the authority to design affirmative action programs that expressly address the needs of women, including health programs, reserves, and protection from exploitation.12 • Article 51-A (e): Every citizen is required by this article to abstain from actions that diminish women's dignity. It is a societal imperative that calls on everyone to respect and esteem women and to eradicate gender bias.13
9 Constitution of India arts. 14, 15(3).
10 Constitution of India pmbl.
11 Constitution of India arts.15(1).
12 Constitution of India arts.15(3).
13 Constitution of India arts.51-A(e).
3.2. Economic Rights for Women Empowerment
Article 23(1): Prohibits forced labor and human trafficking. This clause, which prevents women from being exploited through trafficking, bonded work, and other forms of forced labor, is essential to preserving women's economic security and freedom. 14 • Article 39(a): The state is required by this article to guarantee that men and women have an equal right to sufficient means of subsistence. It is crucial for ensuring women's economic empowerment and independence, especially when it comes to equitable job chances. 15 • Article 39(d): Declares that the government must guarantee equal compensation for equal labor, regardless of a person's gender. By guaranteeing that women are paid equally to men for doing the same work, it promotes economic fairness and tackles the wage gap that exists between men and women in the workforce.
16 • Article 39(e): Guarantees that the state guards against forcing women into inappropriate work because of financial need. This clause emphasizes the state's obligation to prevent women from being compelled to perform tasks that are beyond their capacity, either mentally or physically. 17 • Article 42: Requires the state to establish measures to guarantee women's equitable and compassionate working conditions, including assistance and benefits for maternity. By promoting their maternal rights and improving working circumstances, this clause aims to enhance women's welfare in the workplace. 18
3.3. Political Rights for Women Empowerment
Article 243-D (3): Uses direct elections to set aside one-third of the seats in panchayats for women. This clause, which promotes women's involvement in local government
14 Constitution of India arts.23(1).
15 Constitution of India arts.39(a).
16 Constitution of India arts.39(d).
17 Constitution of India arts.39(e).
18 Constitution of India arts.42.
and decision-making processes, is a significant step toward women's political empowerment at the grassroots level.19 • Article 243-D (4): Women can hold one-third of the chairperson positions in panchayats. This guarantees women's leadership positions in local governance organizations and enhances their political representation.20 • Article 243-T (3): This article guarantees women's active participation in urban governance and community development by allocating one-third of municipal seats to them, much like panchayats do.21 • Article 243-T(4): Guarantees that women will hold a third of the chairperson seats in municipalities. This clause is essential for advancing women into senior positions in local government, giving them the ability to have an impact on urban administration and policy.22
3.4. Other Relevant Constitutional Provisions for Women's Empowerment
Article 14: Ensures that women be treated equally in all legal proceedings by guaranteeing equality before the law.23 • Article 21: Ensures the preservation of life and individual freedom, including the right to a dignified existence. This clause is frequently applied to protect women against exploitation, abuse, and assault.24 • Article 46: Emphasizes the protection of the rights and welfare of scheduled castes, scheduled tribes, and other marginalized groups, including women in underprivileged communities.25
19 Constitution of India arts.243 – D (3).
20 Constitution of India arts.243 – D (4).
21 Constitution of India arts.243 – T (3).
22 Constitution of India arts.243 – T (4).
23 Constitution of India arts. 14.
24 Constitution of India arts. 21.
25 Constitution of India arts. 46.
4. Traditions, Symbols, and Gender Dynamics in India:
India's cultural practices and societal standards are remarkably diverse, shaped by a mix of historical traditions, regional influences, and changing gender dynamics. These distinctions are obvious in how cultures address gender roles, inheritance, and familial responsibilities, which frequently reflect the dichotomy between matrilineal and patriarchal systems. In matrilineal societies such as Meghalaya, women have key roles in inheritance and family decision-making. Lineage and property flow through the mother's side, giving women substantial control over family affairs. 26 Similarly, in the Minicoy Islands of Lakshadweep, women play important roles in family inheritance, retaining a long-standing matrilineal tradition that strengthens women within the family system.
27 These matrilineal civilizations stand in stark contrast to the more patriarchal standards prevalent throughout the country. On the other hand, many regions of India, particularly the northeast and parts of North India, continue to struggle with the continuation of dowry customs. Dowries are still a typical aspect of marriage in places like Arunachal Pradesh, everywhere brides' families give the groom's family money or presents but in there vise versa. It has been reported that a village in the state of Kerala named Nilambur is the first dowry-free village in India. 28 In addition to dowries, cultural ceremonies such as the puberty function in South India represent a girl's journey into womanhood, demonstrating the profound cultural significance of gender-specific rites of passage.
29 Gender dynamics are also visible in the ongoing discussions about women's access to religious settings. The Sabarimala temple issue, for example, exemplifies the interplay of gender norms
26 Zinara Rathnayake, Khasis: India’s indigenous matrilineal society, Bbc.com
(2021), https://www.bbc.com/travel/article/20210328-why-some-indians-want-more-mens-rights (last visited Dec 8, 2024).
27 Haritha John, Lakshadweep’s Minicoy Island, a kingdom for women, The News Minute (2016),
https://www.thenewsminute.com/features/lakshadweeps-minicoy-island-kingdom-women-52786 (last visited Dec 8, 2024).
28 Entire North-East India is a “Dowry Free Zone,” Assamtopix.com (2014),
https://www.assamtopix.com/2014/09/entire-north-east-india-is-dowry-free.html#gsc.tab=0 (last visited Dec 8, 2024).
29 A Personal Tale of a Period Celebration in South India, Saathi: Eco-friendly,
period (2024), https://saathipads.com/blogs/menstrual-musings/a-personal-tale-of-a-period-celebration-in-southindia?srsltid=AfmBOoq--_AXygPxTGtt1vrL-DExaCP3BIYHNMigvnxXP3bs_ojtYcNX (last visited Dec 8, 2024).
and religious activities, with women barred admission due to traditional views. 30 In Rajasthan, the ghunghat pratha is still a commonly maintained cultural custom in which women conceal themselves in public as a sign of modesty and respect. This practice frequently illustrates the societal demands placed on women to maintain family honor. 31 Sindur, in which women indicate their marital status with red powder on their forehead, represents the relationship between gender, tradition, and marriage. Widows, on the other hand, interpret the symbolism differently. Widows are frequently obliged to wear white apparel, which serves as a visual reflection of their status and the cultural shame they experience, representing women's continued marginalization following the loss of their spouse.
32 In certain areas, conventional views prevail, with daughters being regarded the 'family's reputation,' putting unnecessary pressure on women to conform to cultural standards of behavior, looks, and roles. This cultural load restricts their freedom and instills a tight sense of obligation, frequently suppressing personal desires and autonomy. Historical characters such as Gautamiputra Satakarni, a significant monarch of the Satavahana dynasty, serve as reminders of the role of Vedic culture and dharma in creating history. However, the broader role of women throughout his reign and in ancient Indian culture remains an area of interest, particularly in terms of gender dynamics and societal norms. 33 These customs and practices, whether based on matrilineal or patriarchal frameworks, highlight the complexities and diversity of gender relations in India.
As the country evolves, these traditions provide important insights into the ever-changing interaction between gender, culture, and society.
30 Sabarimala Temple Entry - Supreme Court Observer, Supreme Court
Observer (2022), https://www.scobserver.in/cases/indian-young-lawyers-association-v-state-of-keralasabarimala-temple-entry-background/ (last visited Dec 8, 2024). 31 Rajiv Shah, Ghunghat still a prominent practice among young Hindu women in India: Survey, National Herald (2018), https://www.nationalheraldindia.com/opinion/ghunghat-still-a-prominent-practice-among-younghindu-women-in-india-survey (last visited Dec 8, 2024).
32 TIMESOFINDIA.COM, Why is sindoor considered so important in Indian marriages, The Times of
India (2021), https://timesofindia.indiatimes.com/life-style/relationships/love-sex/why-is-sindoor-considered-soimportant-in-indian-marriages/articleshow/80282520.cms (last visited Dec 8, 2024).
33 Satavahana dynasty - Wikipedia, Wikipedia.org (2022)
, https://en.wikipedia.org/wiki/Satavahana_dynasty (last visited Dec 8, 2024).
5. WOMEN’S EMPOWERMENT IN THE FACE OF GROWING VIOLENCE
The overall crime rate for 2024, according to the National Crime Records Bureau (NCRB), is
445.9 incidents per 100,000 inhabitants, which is 0.56% lower than the rate for 2023. Specific
crimes like rape and kidnappings have increased by 1.1% and 5.1%, respectively, but general crimes like theft, robbery, and assault continue to be widespread. This underscores the continued difficulties in tackling violence against women and children. States with persistently high crime rates, such as Uttar Pradesh, Kerala, Maharashtra, Delhi, and Bihar, demand focused law enforcement tactics.34 With 445,256 incidents reported, the NCRB's 2022 report also revealed a 4% increase in crimes against women, highlighting the need for enhanced public awareness campaigns and safety measures. Even while overall crime rates have slightly decreased, the continuation of certain violent crimes emphasizes how crucial it is to improve legal and public safety measures to combat gender-based violence successfully.35
6. ROLES OF CONSTITUTIONAL ORGANS IN PROMOTING WOMEN
EMPOWERMENT
The Executive, Legislative, and Judiciary branches of the Indian Constitution all play important and varied responsibilities in advancing women's empowerment. In order to create frameworks, pass legislation, and guarantee justice for women, each organ is essential.
6.1. Executive Branch:
Enforcing laws and policies that support women's empowerment is the responsibility of the Executive branch, which is headed by the President and the Council of Ministers.36 By enforcing laws, establishing reservation policies, and developing policies, the executive plays a critical role in promoting women's rights and empowerment. Reservation laws, made possible by the Constitution's 73rd and 74th Amendments,37 ensure the representation of women in municipalities and panchayats, whereas the 2023 Constitution (One Hundred Twenty-Eighth
34 Piyush, Latest Crime Rate Report of India 2024 and Their
Impacts, StudyIQ (2024), https://www.studyiq.com/articles/crime-rate-in-india/ (last visited Dec 8, 2024).
35 ET Online, Rising Crime Rates in Delhi: Dacoities & Burglaries cases surge over 50 percent in two
years, The Economic Times (2024), https://economictimes.indiatimes.com/news/india/rising-crime-rates-indelhi-dacoities-burglaries-cases-surge-over-50-percent-in-two-years/articleshow/113658726.cms (last visited Dec 8, 2024).
36 Constitution of India arts. 74.
37 The Constitutional Amendment of 1992.
Amendment) Act38 suggests allocating a third of the seats in state assemblies and the Lok Sabha to women. Furthermore, programs such as the National Policy for Women Empowerment (2001)39 seek to advance gender equality in all areas of life by fostering an atmosphere that allows women to reach their full potential and actively engage in decision-making.
LIST OF SCHEMES AND POLICIES – WOMEN EMPOWERMENT
Beti Bachao Beti Padhao Pradhan Mantri Matru Mahila Shakti Kendra (2015) – Improves child sex Vandana Yojana (2017) – (2017) – Empowers rural ratio and promotes girls' Provides ₹5,000 cash women through community education and incentives to promote participation and access to empowerment. maternal health. schemes. One Stop Centre Scheme Working Women Hostel Ujjwala Yojana (2016) – (2015) – Offers medical, Scheme (1972, Revised) – Provides free
LPG
legal, and psychological Ensures safe accommodation connections to BPL women support to women affected by for working women and for clean cooking fuel violence. childcare facilities. access.
honors women achievers in and empowerment improve nutrition, health, various fields. interventions for women. and self-development. The National Policy for Sukanya Samriddhi Yojana Subhadra Yojana – Women Empowerment – Part of the Beti Bachao Announced by the Odisha (2001) – aims to create an Beti Padhao initiative, this government, this scheme environment where women scheme encourages parents provides eligible women with can realize their full to save for the education and ₹10,000 per year in two potential and participate marriage of their girl installments, aimed at equally in decision-making children through a savings improving their financial processes across all sectors account offering attractive security and empowerment. of society. interest rates.
6.2. Legislative Branch
The legislative branch plays a vital role in advancing women's rights and empowerment by passing legislation, increasing representation, and examining policies. It has addressed issues impacting women's safety and dignity by passing historic laws like the Commission of Sati (Prevention) Act (1987)40 and the Indecent Representation of Women (Prohibition) Act (1986). 41 A dedication to women's political participation is shown by initiatives to improve female representation in decision-making bodies, such as plans to set aside seats for them in state assemblies and Parliament. The legislature also examines current laws and regulations, and committees suggest ways to guarantee gender equality and increase women's participation in public life and politics. 42 40 Manupatra, Articles – Manupatra, Manupatra. com (2024), https://articles. manupatra.
com/article-details/A- CRITICAL-ANALYSIS-ON-THE-COMMISSION-OF-SATI-PREVENTION-RULES-1988 (last visited Dec 8, 2024). 41 Vanshika Kapoor, The Indecent Representation of Women (Prohibition) Act, 1986 in time of social media - iPleaders, iPleaders (2024), https://blog. ipleaders. in/the-indecent-representation-of-women-prohibition-act- 1986-in-time-of-social-media/ (last visited Dec 8, 2024).
42 Dr. Saba Yunus & Dr. Seema Varma, Legal Provisions for Women Empowerment in India, 3 Int'l J. of
Humanities & Mgmt. Sci. 368 (2015).
LIST OF ACTS – WOMEN EMPOWERMENT
The Dowry Prohibition The Protection of Women The Sexual Harassment of Act, 1961 – Prohibits the from Domestic Violence Women at Workplaces giving or receiving of dowry Act, – Provides (Prevention, Prohibition and provides penalties for protection to women from and Redressal) Act, 2013 – those who demand or accept domestic violence and offers Addresses sexual harassment dowry, aiming to prevent the legal remedies to ensure at workplaces and mandates mistreatment of women. their safety and well-being. the establishment of internal complaints committees in organizations.
The Indecent The Commission of Sati The Immoral Traffic Representation of Women (Prevention) Act, 1987 – (Prevention) Act, 1956 – (Prohibition) Act, 1986 – Criminalizes the practice of Aims to combat human Prohibits the indecent Sati (the burning of widows trafficking and prostitution representation of women in on their husband’s funeral by penalizing activities advertisements and pyre) and provides penalties related to trafficking and publications, promoting for those who promote or exploitation of women. dignity and respect for abet this practice. women.
specifically aimed at protecting young girls. The National Food Security The Equal Remuneration The Juvenile Justice (Care Act, 2013 – Ensures access Act, 1976 – Mandates equal and Protection of Children) to adequate food at pay for equal work for men Act, 2015 – Provides care affordable prices, with and women, promoting and protection for children in specific provisions for gender equality in the need, including provisions pregnant women and workplace. for girls who are victims of lactating mothers to improve abuse or exploitation. their nutritional status.
The Rights of Persons with The Nari Shakti Vandan The National Policy for Disabilities Act, 2016 – Adhiniyam (2023) – Women Empowerment Includes provisions that Recently enacted legislation (2001) – Although not an act specifically address the that reserves one-third of per se, this policy framework needs of women with seats for women in the Lok aims to create an disabilities, promoting their Sabha and State Legislative environment where women rights and access to services. Assemblies, enhancing can realize their full women's political potential across various representation. sectors.
the adoption of PILs on women's concerns, which empowers civil society to oppose discriminatory behaviors and push for the implementation of legislation that advance gender equality.44
LIST OF LANDMARKS CASES – WOMEN EMPOWERMENT
Vishaka vs. State of Mary Roy vs. State of Lata Singh vs. State of Rajasthan (1997) – This Kerala (1986) – The Uttar Pradesh (2006) – This case established the Vishaka Supreme Court ruled that judgment affirmed an adult Guidelines against sexual Syrian Christian women woman's right to choose her harassment at the workplace, have the right to inherit partner, emphasizing the mandating employers to property, challenging legality of inter-caste and provide a safe working patriarchal customs and inter-religious marriages environment for women. ensuring gender equality in and protecting individuals inheritance laws. from familial violence. Roxann Sharma vs. Arun Laxmi vs. Union of India Shayra Bano vs.
Union of Sharma (2015) – The (2016) – In this case, the India (2017) – The Supreme Supreme Court ruled that Supreme Court addressed Court declared the practice custody of children under acid attacks, leading to of instant triple talaq five years should generally directives for better unconstitutional, reinforcing remain with the mother, compensation for victims women's rights within recognizing the importance and stricter regulations on Muslim personal law and of maternal care in early acid sales. promoting gender justice. childhood.
emphasizing gender equality women of menstruating age Interest Litigation led to and individual autonomy in entering the Sabarimala inquiries into declining sex marital relationships. temple, reinforcing women's ratios and emphasized the rights to worship freely. need for implementing the Pre-Conception and Pre- Natal Diagnostic Techniques Act. The CB Muthamma v. The Secretary, Ministry of Vineeta Sharma v. Rakesh Union of India (1979) – Defence v. Babita Puniya & Sharma (2020) – The rights case addressed gender Ors. (2020) – ruling granted of women in the Hindu discrimination in the Indian women officers the right to a Undivided Family are Foreign Service, leading to Permanent Commission in protected. Daughters in a reforms for equal the Indian Army, dismantling Hindu undivided family employment opportunities, gender stereotypes in defense shall have equal coparcenary services.
rights by virtue of their birth. This is irrespective of the fact that the daughter were born before the Hindu Succession Act Amendment in 2005.
punishes a person because he/she indulged in prostitution. Air India v. Nergesh Charu Khurana v. Union of Joseph Shine v. Union of Meerza AIR 1981 SC 1829 India (2015) 1 SCC – The India 2018 SCC On Line – The Supreme Court struck Supreme Court struck down SC 1676 – The Supreme down the provision in Air as ultra vires the bye-laws Court held that section 497 India and Indian Airlines prohibiting women to work of IPC is violative of Article Regulations stipulating as makeup artists on the 14, 15, 21 of the Indian retirement of the air hostess ground of being violative of Constitution as it treats men on her first pregnancy, as fundamental rights. and women unequally since unconstitutional, void and women cannot prosecute violative of Article 14. their husbands for adultery. S. R. Batra v. Taruna Batra Rashmi Kumar v. Mahesh Seema v.
Ashwani Kumar (2007) 3 SCC 169 – SC held Kumar Bhada (1997) 2
2006(2) SCC 578 SC –
that a wife is entitled to claim SCC 397 SC – held that directed the States and the the right to residence only in streedhan is not joint Central Governments to take a shared household, and a property of wife & husband steps on compulsory shared household would only but absolute property of the registration of marriage. mean the house belonging to wife. The husband has no or taken by the husband, or right in it with the sole the house which belongs to exception that in times of the joint family of which the extreme distress, as in husband is a member, but will famine, illness or the like, the not cover the property owned husband can utilise it but he by her in-laws. is morally bound to restore it or its value when he is able to do so.
7. CHALLENGES HINDERING WOMEN EMPOWERMENT IN INDIA
7.1. Judicial Challenges:
Inconsistent interpretation and application of legislation causes uncertainty for women navigating the judicial system. • Patriarchal biases influence judicial decision-making, perpetuating gender inequality. • Marginalized women have limited access to justice due to financial, geographic, and informational hurdles. • Chronic delays caused by an overworked legal system undermine public faith and reduce the deterrent effect of legislation.
7.2. Societal Challenges:
Domestic abuse, sexual harassment, child marriage, and female foeticide are all concerns perpetuated by deeply ingrained societal conventions. • Cultural taboos and stigmas deter victims from reporting crimes and seeking justice. • Gender-based violence and discrimination continue unabated due to lax legal enforcement.
7.3. Economic Inequities:
A persistent gender pay gap driven by occupational segregation and the undervaluation of women’s work. • Limited career opportunities and systemic barriers hinder women's economic participation and independence.
7.4. Health and Education Disparities:
Inadequate access to healthcare, particularly in rural areas, leads to high maternal mortality, malnutrition, and poor reproductive health outcomes. • Limited access to education further restricts women’s opportunities for empowerment and growth.
7.5. Underrepresentation in Leadership:
Women continue to be underrepresented in corporate, leadership, and political positions across all industries. • For years, laws that aim to guarantee political representation, such as the Women's Reservation Act, have been blocked.
8. WAY FORWARD
Put legal measures into place to make legislation defending women's rights clearer and more robust. • Make the judiciary more aware of intersectional injustices and gender issues. • Enhance legal support systems and decrease case backlogs to increase access to justice. • Launch extensive public awareness initiatives to promote gender equality and question patriarchal conventions. • To stop discrimination and violence against women, implement current laws more strictly. • Address educational and economic inequalities by implementing focused programs that will empower underprivileged women.
9. Recommendations for Enhancing Judicial Mechanisms in Advancing Women’s
Rights
9.1. Sensitization and Training:
To guarantee fair and unbiased decision-making, judges, attorneys, and court employees should participate in regular training sessions on intersectionality, women's rights, and gender equality.
9.2. Specialized Courts and Fast-Track Mechanisms:
Create courts or benches specifically for instances involving prejudice and violence against women. • Establish fast-track procedures to clear backlogs and expedite matters pertaining to women's rights.
9.3. Legal Aid and Support Services:
Increase marginalized women's access to legal aid by setting up legal aid clinics, hotlines, and support centers with qualified staff. • Throughout the court proceedings, offer direction, advice, and support.
9.4. Strengthening Enforcement Mechanisms:
Holding authorities responsible for implementing gender equality laws and policies will help to ensure that court orders are followed. • To improve accountability, track and document the status of efforts to remedy gender-based infractions.
9.5. Community Engagement and Awareness:
Encourage campaigns, workshops, and outreach initiatives in partnership with civil society groups to inform local populations about women's rights and legal recourse. • Encourage a culture that values and empowers women.
9.6. Research and Data Collection:
Investigate gender-based discrimination and violence to support evidence-based policymaking and judicial decision-making. • To find gaps and carry out focused initiatives, gather de-identified data on legal results and access hurdles.
10. CONCLUSION
India's path to gender equality shows both advancements and enduring difficulties. The application and social acceptance of these principles are still crucial, even if the Constitution and legal structures have established a strong basis for redressing historical injustices against women. Though many still experience social restraints and systematic inequities, women in the 21st century have shown their potential in every field. Beyond just legal protections, true gender equality aspires to a society in which people of all genders are free to live authentically, unhindered by constraining standards and prejudices. In addition to being morally right, advancing women's empowerment can spur social and economic change. Women who are empowered help to promote respect for one another, lessen domestic violence, and propel the country's development.
Collective action is necessary to realize this vision, nevertheless, in order to ensure inclusive participation, close the gap between legal requirements and society views, and strengthen the voices of women as a cohesive force. In the end, gender equality is not about one gender dominating the other; instead, it is about establishing a peaceful, just society in which men and women work side by side with respect and equal opportunities. We cannot genuinely build a fair and inclusive future for everybody unless we make women's realities and experiences a prominent part of the discussion.