Enabling Provisions for Women in India: A Socio-Legal Study

Abstract

There has been a constitutional commitment and a socio-legal barrier to women's emancipation in India. Child marriage, sati, dowry, and the restriction of property rights were some of the societal ills that gradually undermined the once-high standing of women in ancient societies. Gender equality in the Constitution was made possible by reformers like Savitribai Phule, Raja Ram Mohan Roy, and Ishwar Chandra Vidyasagar, who spearheaded change. Legislation such as the Hindu Marriage Act, Hindu Succession Act, Dowry Prohibition Act, Domestic Violence Act, and Sexual Harassment at Workplace Act seeks to guarantee equality and dignity, as do Fundamental Rights (Articles 14, 15, 16, 21, 23), Directive Principles (Articles 39, 42, 45), and other similar statutes. Shah Bano (maintenance), Vishaka (workplace harassment), Shayara Bano (triple talaq), and Sabarimala (temple admission) are some of the seminal decisions that have enhanced women's rights through judicial activism.

Despite personal laws and patriarchal customs being hurdles, India is aligned with global human rights norms through its acceptance of CEDAW and the Beijing Declaration. In spite of advancements, women still confront discrimination, violence, and inequality in the job, which is exacerbated by factors like as caste, class, and religion. While programs such as the National Council of Women (NCW), Panchayati Raj (33% reservation), Beti Bachao Beti Padhao (BBBP), and the Ujjawala Scheme (UGS) aim to empower women, problems with ineffective enforcement and restricted reach continue. To achieve true gender justice, we must demolish patriarchy through cultural shifts, increased legal awareness, economic empowerment, and more stringent law enforcement. If India wants to realize its constitutional goal of justice for women as equal participants in democracy and development, it must achieve substantive equality first.