Gender Equality and Women’s Rights in India: a Legal Examination of Constitutional Provisions
Year: 2025
Type: article
Abstract: Gender equality and the safeguarding of women's rights are essential for achieving justice, decency, and democracy in any community. The Indian Constitution demonstrates a profound dedication to these principles by including many sections that guarantee equal treatment, safeguard against discrimination, and advocate for affirmative action for women. This paper offers an exhaustive legal examination of constitutional provisions that protect and promote gender equality in India. The study examines pivotal Articles, including Article 14, which ensures equality before the law; Article 15, which forbids discrimination based on sex while enabling the State to implement special measures for women; and Article 16, which guarantees equality of opportunity in public employment. Furthermore, Article 21 is scrutinised for its function in safeguarding the right to life and personal liberty, which the judiciary has construed to encompass dignity, reproductive rights, and protection from violence. The document assesses the Directive Principles of State Policy, including Articles 39(a), 39(d), and 42, which direct the State in formulating gender-equitable policies concerning livelihood, equal remuneration, and working conditions. The study further examines significant judicial rulings that have broadened the scope of these constitutional protections, consequently strengthening women's rights in domains such as safeguarding against sexual harassment, access to abortion, property rights, and the decriminalisation of adultery. Notwithstanding these legislative protections, the document recognises the disparity between constitutional principles and society reality, attributable to patriarchal frameworks, socio-economic disparities, and deficiencies in execution. The study concludes that although the Indian Constitution offers a strong framework for the legal protection and advancement of women’s rights, achieving gender equality necessitates ongoing institutional reforms, judicial oversight, public awareness, and cultural change.
Author: Bini Das
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
OpenAlex ID: W4410921027