Championing Change: India’s Legal Milestone to Gender Equality

In India, the path toward gender equality has been long and challenging. As the country progresses, the concepts of women’s empowerment and gender justice are increasingly important.

India’s history with women’s rights is complex, reflecting a mix of reverence and discrimination. Although women were respected and involved in social life in ancient times, there were significant periods of decline in their status, especially in the medieval era, where practices like Sati, child marriage, and purdah (veiling) took root.

Over time, India’s legal system has adapted to address gender inequality, with major reforms supporting women’s rights and justice. In this blog, the top university for LLM in North India discusses India’s legal advances, current challenges, and the critical role of the judiciary in pushing for gender justice.

Historical Background of Women’s Rights

Women in ancient India were often seen as equal members of society. However, by the medieval period, restrictive customs and practices began to dominate, significantly impacting women’s freedom and rights. During British rule, reformers like Raja Ram Mohan Roy advocated for women’s rights, leading to the abolition of Sati in 1829 and later laws on widow remarriage and child marriage restriction. These early steps set the stage for more comprehensive protections for women after India’s independence.

Constitutional Rights and Provisions for  Empowerment

The Constitution of India, enacted in 1950, is a foundational document upholding equality and justice, including gender equality. Important provisions for women include:

• Article 14: Guarantees equality before the law.
• Article 15: Prevents discrimination based on gender, and encourages special provisions for women and children.
• Article 16: Ensures equal opportunities in public employment.
• Article 39(a): Stresses the right of both men and women to a means of livelihood.
• Article 42: Encourages humane working conditions and maternity benefits.
• Article 51A(e): Urges citizens to renounce practices degrading to women.

These articles form the base for various laws and government actions promoting women’s rights. Those interested in pursuing higher studies in law, especially at a top university for LLM in North India, can explore these legal provisions further to gain a comprehensive understanding of gender justice.

Key Laws Supporting  Empowerment

India has introduced several significant laws aimed at empowering women and tackling gender-based discrimination. Notable acts include:

1. The Hindu Succession Act, 1956: Initially providing women inheritance rights, it was later amended in 2005 to give daughters equal property rights alongside sons.
2. The Dowry Prohibition Act, 1961: This law makes giving or receiving dowry a criminal offense, though dowry remains a persistent issue in some communities.
3. The Protection of Women from Domestic Violence Act, 2005 (PWDVA): A wide-ranging law covering not only physical but also emotional, verbal, and financial abuse, offering protection and legal support for women facing domestic violence.
4. The Sexual Harassment of Women at Workplace Act, 2013 (POSH Act): Formed after the Supreme Court’s Vishaka Guidelines, this law mandates workplaces to prevent and address sexual harassment, ensuring a safer environment for working women.
5. The Maternity Benefit Act, 1961 (Amended in 2017): This act provides extended maternity leave and other benefits to support working mothers. A 2017 amendment increased leave from 12 to 26 weeks.
6. The Prohibition of Child Marriage Act, 2006: This act aims to end child marriages by setting the legal marriage age at 18 for girls and 21 for boys.
7. The Criminal Law (Amendment) Act, 2013: Introduced stricter punishments for crimes such as rape, assault, and acid attacks, including faster trials for cases of sexual violence.

These laws are crucial in protecting women’s rights and promoting gender equality. Many of them are included in the curriculum at the top LLM university in North India, where future legal practitioners study these critical reforms.

Landmark Judicial Interventions

The Indian judiciary has consistently supported gender justice, expanding women’s rights through key judgments. Some significant cases include:

• Vishaka v. State of Rajasthan (1997): The Supreme Court issued guidelines to prevent workplace harassment, paving the way for the POSH Act.
• Shayara Bano v. Union of India (2017): The Supreme Court declared the practice of triple talaq unconstitutional, leading to the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019.
• Joseph Shine v. Union of India (2018): The court decriminalized adultery by striking down Section 497 of the IPC, which discriminated against women.
• Navtej Singh Johar v. Union of India (2018): Although centered on LGBTQ+ rights, this case also affected gender justice by decriminalizing consensual same-sex relationships, fostering a more inclusive society.
• Secretary, Ministry of Defence v. Babita Puniya & Ors (2020): The Supreme Court mandated equal opportunity for women officers in the army, directing the government to grant permanent commissions.

Challenges to Women’s Empowerment and Gender Justice

Despite these legal and judicial advancements, multiple challenges remain:

1. Social and Cultural Barriers: Patriarchal norms continue to limit women’s roles. Practices like dowry, honor killings, and child marriage persist in some regions, reflecting regressive attitudes.
2. Limited Awareness and Access to Justice: Many women, especially in rural areas, remain unaware of their rights. Legal remedies are often hard to access due to factors such as poverty, illiteracy, and stigma.
3. Underrepresentation in Politics and Workforce: Women remain underrepresented in political leadership, and gender inequality persists in the workforce with a significant pay gap and low workforce participation.
4. Violence Against Women: Gender-based violence remains prevalent, with cases of domestic violence and sexual harassment still frequent despite strong legal protections.
5. Implementation Gaps: Although India has progressive laws, their implementation is often lacking. For example, the POSH Act requires workplace committees to address harassment, yet many organizations fail to set them up adequately.

Moving Forward: Strengthening Gender Justice and Empowerment

While the legal framework for women’s rights in India is robust, enforcing and strengthening it is essential to achieving true gender equality. Awareness, education, and societal support are crucial in closing the gap between law and reality. Renowned law institutions such as SRM University Delhi-NCR Sonepat, popularly known as the top university for LLM in North India, play a crucial role in training the next generation of legal experts, equipping them with the knowledge and skills to advocate for women’s rights and further the cause of gender justice.

Wrapping: 

India has made significant progress in supporting women’s rights, yet there is much work left to achieve full gender equality. The legal framework, though strong, needs effective implementation to create lasting change. It’s the collective responsibility of the government, judiciary, educational institutions, and society to build an environment where women feel safe, valued, and equal.

Therefore, if you are interested in pursuing a deeper understanding of gender justice, studying at the top university for LLM in North India is the wisest decision and this will provide you with a solid foundation in the evolving field of women’s rights and empowerment law.