Author: Aparna Choudhary, George School of Law
To the Point
Despite constitutional promises and progressive legislation, Indian women continue to grapple with systemic inequality, gender-based violence, wage disparity, and social discrimination. While substantial legal reforms have been introduced over the past few decades, implementation, awareness, and enforcement remain key challenges.
In the 21st century, India stands at a crucial intersection: having codified many protections for women, it must now transform those legal rights into lived realities. This article explores the legal architecture, judicial pronouncements, and ground realities of women’s rights in India through a focused lens.
Use of Legal Jargon
The Indian legal framework, while historically patriarchal in structure, has progressively evolved to incorporate a gender-just jurisprudence aimed at affirming the constitutional mandate of equality and non-discrimination. Women’s rights are protected and enforced through a variety of statutory enactments, constitutional provisions, and judicial pronouncements, together forming the corpus of gender-sensitive legal discourse in India.
Constitutional Framework
1. Article 14 guarantees that all individuals are treated equally under the law and are given the same legal protection, making it a key provision for promoting gender equality.
2. Article 15(1) & 15(3) – Prohibits discrimination on grounds of sex; further authorizes the State to make special provisions for women and children, forming the legal basis for affirmative action and protective discrimination.
3. Article 16 ensures that everyone has an equal chance to get government jobs, helping to remove barriers that prevent fair representation in public services.
4. Article 21 – Interpreted expansively to include the right to live with dignity, privacy, reproductive autonomy, and freedom from sexual violence (as per Justice K.S. Puttaswamy v. Union of India, AIR 2017 SC 4161).
5.The Directive Principles of State Policy, particularly Articles 39(a), 39(d), and 42, guide the government to ensure fair wages for all, proper support during maternity, and access to a decent livelihood, reflecting the social and economic goals of the State.
Statutory Mechanisms
1. The Protection of Women from Domestic Violence Act, 2005 (PWDVA)
A civil law granting protection orders, residence orders, and maintenance to aggrieved women in domestic relationships, ensuring their right to a life free of domestic abuse.
2.The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, also known as the POSH Act, was introduced following the principles laid down in the Vishaka GuidelinesIt makes it mandatory for workplaces to establish Internal Complaints Committees (ICCs) to handle complaints and promote a safe and dignified work environment for women.
3. The Dowry Prohibition Act, 1961
Criminalizes dowry transactions under Sections 3 and 4, thereby promoting financial autonomy and dignity in matrimonial alliances.
4. Section 498A, Indian Penal Code, 1860
Penal provision against cruelty by husband or relatives, encompassing both physical and mental abuse, often used in conjunction with Section 304B IPC (dowry death).
5. The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, was introduced to prevent sex-selective abortions by regulating medical tests and making it illegal to determine the sex of an unborn child.
6. The Medical Termination of Pregnancy (MTP) Act, 1971 (Amended 2021), Legalizes abortion under specified conditions up to 24 weeks, ensuring reproductive rights and medical privacy.
7. The Hindu Succession (Amendment) Act, 2005,
Grants coparcenary rights to daughters, ensuring equal inheritance in ancestral property under Hindu law, affirming the principle of testamentary equality.
8.The Muslim Women (Protection of Rights on Marriage) Act, 2019, makes instant triple talaq (talaq-e-biddat) a criminal offence, ensuring fair procedure and safeguarding the marital rights of Muslim women under personal laws.
The Proof: Status of Women in India
Social Indicators
1. Literacy Rate
As per Census 2011, female literacy was 65.46%, compared to 82.14% for males. Despite improvement, a gender gap persists.
2. Labor Force Participation
Female labor force participation in 2023 was around 25%, among the lowest globally.
3. Crimes Against Women
NCRB 2022 reported over 4.45 lakh cases of crimes against women, including:
1.36 lakh cases of cruelty by husbands/in-laws
31,000+ rape cases
Significant underreporting due to stigma and fear.
4. Representation in Politics
Women’s Reservation Bill (2023) guarantees 33% reservation in Parliament and State Assemblies, yet actual female representation remains below 15% historically.
5. Healthcare Access
Maternal Mortality Rate (MMR): Dropped from 130 (2014) to 97 per lakh live births (2020)—a good sign, but rural areas lag.
6. Sex Ratio at Birth
Though improving, skewed sex ratios in states like Haryana, Punjab still point to female foeticide and son preference.
Abstract
Women in India have faced systemic, structural, and institutional discrimination for centuries. The Constitution of India provides a robust foundation for gender equality, supported by progressive legislation and judicial activism. However, customs, patriarchy, and poor implementation of laws undermine these guarantees.This article delves into the legal landscape surrounding women’s rights in India—focusing on constitutional protections, criminal and civil laws, landmark judgments, and the gap between law and practice. It evaluates India’s compliance with international obligations and highlights the reforms needed to ensure substantive, not just formal, equality.
This article explores the legal rights of women in India, examining the protective measures enshrined in laws such as the Protection of Women from Domestic Violence Act (2005) and the Dowry Prohibition Act (1961). It addresses the challenges women face in accessing these protections, particularly in the context of social and economic barriers. By analyzing key legal provisions and judicial interventions, the article proposes recommendations for strengthening women’s rights and achieving gender equality. The article concludes that although considerable progress has been made, there is still much to be done to ensure these laws are properly enforced and to achieve real equality for women in India.
Case Laws
1. Vishaka v. State of Rajasthan, cited in AIR 1997 SC 3011, represents a landmark decision by the Supreme Court of India that laid down guidelines for the prevention of sexual harassment in the workplace.
2. Golaknath v. State of Punjab (1967) AIR 1643
Laid the foundation for the doctrine of fundamental rights being sacrosanct, affecting gender rights jurisprudence.
3. Shayara Bano v. Union of India (2017) 9 SCC 1
Struck down Triple Talaq as unconstitutional, affirming women’s right to equality and dignity.
4. Lata Singh v. State of U.P. (2006) 5 SCC 475
Upheld a woman’s right to marry a person of her choice, promoting individual autonomy.
5. Joseph Shine v. Union of India (2018) 2 SCC 189 Decriminalized adultery (Section 497 IPC), declaring it discriminatory and violative of women’s autonomy.
6. In Navtej Singh Johar v. Union of India (2018) 10 SCC 1, while the primary focus was on LGBTQ rights, the Supreme Court also highlighted the importance of bodily autonomy and the need for gender-neutral legal protections.
7. Suchita Srivastava v. Chandigarh Administration (2009) 9 SCC 1, the Supreme Court held that a woman’s right to make decisions about reproduction is protected under Article 21 of the Constitution, which guarantees the right to life and personal liberty.
8. Independent Thought v. Union of India (2017) 10 SCC 800 Struck down exception to marital rape for girls under 18, highlighting protection against child sexual abuse.
9. Maharashtra v. Madhukar Narayan Mardikar (1991) 1 SCC 57, the court ruled that every woman has the right to privacy and dignity, regardless of her background or lifestyle.
Key Legislative Framework
1. Constitutional Rights
Article 14 – Equality before the law
Article 15 – Prohibits gender-based discrimination
Article 15(3) – Allows special laws for women
Article 21 – Life and dignity includes reproductive rights, bodily autonomy
Article 39(d) – Equal pay for equal work
Article 42 – Provision for maternity relief
2. Statutory Laws
Dowry Prohibition Act, 1961
Maternity Benefit Act, 1961 (amended in 2017)
The Sexual Harassment of Women at Workplace Act, 2013, commonly called the POSH Act, is a law that protects women from harassment at work.
Protection of Women from Domestic Violence Act, 2005
Prohibition of Child Marriage Act, 2006
Equal Remuneration Act, 1976
The Medical Termination of Pregnancy (MTP) Act, 1971, which was updated in 2021, regulates the conditions under which a pregnancy can be legally terminated in India.
Hindu Succession Act, 1956 (Amended in 2005 to give daughters equal rights in property)
International Commitments
India is a signatory to various international instruments that uphold women’s rights:
1. CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) – Ratified in 1993.
2. Beijing Declaration and Platform for Action, 1995 – Committed to gender mainstreaming.
3.Sustainable Development Goal 5 (SDG-5) seeks to ensure gender equality and enhance the rights and opportunities available to women and girls across the world. However, despite being a signatory to CEDAW, India has not yet made marital rape a criminal offence, which remains a significant concern.
Reform Proposals & Recent Developments
1.The Women’s Reservation Bill, 2023, proposes to allocate one-third of the seats in the Lok Sabha and State Legislative Assemblies for women to ensure their greater participation in the political process.
2. Criminal Law Reforms (2020 Committee Proposals) Discussions on gender neutrality and marital rape.
3. National Policy for Women,Proposed updates to the 2001 policy to reflect contemporary issues like cybercrime, trafficking, and reproductive health.
4. Increased Judicial Sensitization, National Judicial Academy and State Academies have increased training for judges on gender sensitivity and victim rights.
5. One-Stop Centers for Women, Support for survivors of violence, though access and awareness remain uneven.
Challenges in Implementation
Patriarchal Mindsets among police, judiciary, and society.
Underreporting due to stigma, victim-blaming.
Lengthy Judicial Process and poor conviction rates.
Urban-Rural Divide – Rural women often lack legal literacy.
Digital Divide – Online harassment and deepfakes rise, but cyber protection is limited.
Limited awareness prevents many women from knowing their rights or understanding how to access legal remedies.
Conclusion
India has achieved important milestones in protecting and promoting women’s rights. However, progressive legislation alone does not guarantee justice. The true empowerment of women depends on:
Consistent implementation of laws,
Social reform alongside legal reform,
Educating both women and men on gender equality,
Investing in healthcare, education, and safety,
Criminalizing all forms of gender-based violence, including marital rape
Legal rights must transition into lived experiences of dignity, safety, and opportunity. Only then can India fulfill the Constitutional vision of equality and justice for all its citizens—regardless of gender.
FAQS
1 Is marital rape a crime in India?
Marital rape is not recognized as a criminal offense in India for adult women. However, if the wife is below 18 years of age, it is treated as rape according to the Supreme Court’s judgment in the Independent Thought case (2017). There is an increasing call for legal reforms on this issue.
2 .Can a working woman claim maintenance?
Yes, but courts consider income disparity. If the wife earns significantly less or has dependents, she may still be eligible under Section 125 CrPC or HMA 1955.
3.What legal options are available for workplace harassment?
The POSH Act, 2013, mandates an Internal Complaints Committee at workplaces and allows women to seek civil remedies, including compensation and transfers.
4. Do women have equal rights in property?
Yes. Under the Hindu Succession (Amendment) Act, 2005, daughters have equal coparcenary rights in ancestral property as sons.
5. Are there any reservations for women in education or employment?
While there is no nationwide quota in education or employment, states like Bihar and Tamil Nadu have implemented horizontal reservations for women in local services and police recruitment.
