Author: Shiva Kumari, Brainware University
Linkdin link – https://www.linkedin.com/in/shiva-kumari-0ba140415?utm_source=share_via&utm_content=profile&utm_medium=member_android
Abstract
Women are earning laurels for India on the international stage. They are shaping the future as fighter pilots, CEOs of multinational companies, politicians, and judges. This social change is not accidental but is the outcome of constitutional guarantees, progressive legislation and judicial activism in the name of equality, dignity and protection. But legal frameworks alone will not shatter the glass ceilings created by deep-rooted social and cultural attitudes. Real empowerment is not to have rights written on paper but to live them and to implement them in daily life. In this article, we analyze the role of law in empowering women, the cultural barriers that still hinder them and the collective effort required to translate legal rights into reality, shaping a stronger and more inclusive nation.
To The Point
Women’s empowerment is a pre-requisite of constitutional democracy and nation building. The Constitution of India has provided strong foundation for gender equality through Articles 14, 15, 15(3), 16, 21, 39 and 42. The Parliament has also enacted progressive legislation like the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Maternity Benefit (Amendment) Act, 2017, Code on Wages, 2019 and Nari Shakti Vandan Adhiniyam, 2023.
However, implementation gaps, patriarchal attitudes and lack of legal awareness impede the legal protections and thus fail to deliver substantive equality. Hence women empowerment is not only about legislation but also implementation, institutional accountability and social change. India is also committed to women empowerment through its obligations under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979. This means that States Parties shall take all appropriate measures to eliminate discrimination against women in political, economic, social and cultural spheres. Similarly, the United Nations Sustainable Development Goal (SDG) 5, which aims to achieve gender equality and empower all women and girls, states that gender justice is a constitutional and international legal obligation.
Access to justice is a cornerstone of women’s empowerment. Legal rights are meaningless unless accompanied by access to legal aid, gender-sensitive policing, fast-tracked trials, mechanisms to protect victims and effective judicial enforcement. Constitutional guarantees are largely aspirational, if not properly implemented.
Use of legal Jargon
Substantive Equality: Equality that recognizes the structural and historical disadvantages of individuals rather than equal treatment of individuals in the eyes of the law.
Transformative Constitutionalism:
Transformative constitutionalism is a philosophy of constitutionalism; it is a way of reading constitutional provisions in order to advance social justice and address systemic inequalities.
Constitutional morality: The values of equality, liberty, dignity and justice should prevail over the social prejudices existing in society.
Affirmative Action: Article 15(3) of the Constitution empowers the State to enact special provisions to ensure structural representation and participation of women.
Gender Justice: A legal concept that provides equal rights, opportunities and protection irrespective of gender.
Implementation Gap: The gap between the rights guaranteed by law and effective implementation of the rights.
The Rule of Law:
The principle that means laws are equally applicable to all persons and institutions.
Access to Justice: Peoples’ ability to find and secure justice through the legal system.
Institutional Accountability: The legal obligation of public institutions to implement laws in an equitable, effective and transparent way.
To Proof
There is clear evidence that legal framework has aimed at empowering women have significant results. The Periodic Labour Force Survey (PLFS) reveals that the Female Labour Force Participation Rate (LFPR) for persons aged 15 years and above is 32.8 per cent. But more than 75% of men take part. This shows the economic inequality still continues. India is among the worst performing countries on the Economic Participation and Opportunity sub-index of the World Economic Forum’s Global Gender Gap Report.
According to the National Crime Records Bureau (NCRB), in a year there were 4,48,211 cases of crimes against women, out of which 31.4% were cases of cruelty by husband or relatives. The National Family Health Survey (NFHS-5) has highlighted that nearly 32% of ever-married women have been subjected to physical, sexual or emotional violence by their spouse. This shows that there are still considerable underreporting and implementation gaps, compromising the statutory safeguards.
The constitutional provisions of 73rd and 74th Amendment that reserve seats for women has considerably increased women’s participation in local governance with over 1.4 million women being elected to Panchayati Raj Institutions. However, the representation of women in Parliament and State Legislatures is still low to some extent. This shows the need for effective implementation of Nari Shakti Vandan Adhiniyam, 2023.
Case Laws
Vishaka v. State of Rajasthan (1997) 6 SCC 241 – It held that sexual harassment at the workplace is a violation of Articles 14, 15, 19(1)(g) and 21 and paved the way for the enactment of the POSH Act, 2013.
Secretary, Ministry of Defence v. Babita Puniya (2020) 7 SCC 469 – Permanent Commission was given to Women officers and the Court reiterated that the Articles 14 and 16 are equally applicable to Women.
Shayara Bano v. Union of India (2017) 9 SCC 1 – Declared instant triple talaq as unconstitutional and increased constitutional safeguards for the dignity of women.
Joseph Shine v. Union of India (2019) 3 SCC 39 – The law on adultery was held unconstitutional, reiterating the independence and equal constitutional status of women.
In Anuj Garg v. Hotel Association of India, (2008) 3 SCC 1, the Court held that restrictions which are paternalistic in nature based on gender stereotypes violate constitutional equality.
Equal employment opportunities for women in the film industry was upheld by Charu Khurana v. Union of India (2015) 1 SCC 192.
Githa Hariharan v. Reserve Bank of India (1999) 2 SCC 228 – Mother as natural guardian where permissible, progressive gender equality.
Conclusion
India has developed a constitutional and statutory framework for women empowerment that is inclusive. But these legal protections only work if they are effectively implemented if the judiciary responds effectively, if institutions are held to account and if society accepts them. The transition from formal to substantive equality involves the dismantling of the deep rooted patriarchal arrangements and the implementation of the constitutional promises in the day to day life. We will be a stronger nation when women’s rights are enshrined not just in law but lived out in practice.
Frequently Asked Questions (FAQs)
1. What are the Constitutional provisions for women empowerment.
The legal basis of gender equality is based on Articles 14, 15, 15(3), 16, 21, 39 and 42.
2. What is the law in India for sexual harassment at work place?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
3. What is the biggest challenge in empowering women in India?
The main problem is low implementation due to patriarchal mindset, lack of awareness of law and weak implementation at institutional level.
4. Why is women empowerment important for nation building?
Empowering women is empowering the nation and this leads to economic growth, democratic participation, social justice and inclusive development.
