This article is written by Akhi Akter Nishi of University of Information Technology and Sciences (UITS), an intern under Legal Vidhiya.
ABSTRACT
Women’s empowerment and gender justice are not merely development goals; they are foundational to building an equitable and humane society. In India, despite constitutional safeguards and a growing body of progressive legislation, women continue to face systemic challenges, ranging from domestic violence and wage gaps to underrepresentation in leadership and entrenched cultural biases. This paper explores the multifaceted journey of women’s empowerment in India, examining legal reforms, policy interventions, judicial activism, and grassroots movements. It pays special attention to how gender intersects with caste, religion, and class, understanding that empowerment needs to be inclusive and sensitive to context. The objective is not just to document the progress made, but to reflect critically on the persistent barriers and envision pathways toward a society where every woman can live with dignity, autonomy, and equal opportunity.
KEYWORDS
Women Empowerment, Gender Justice, Indian Constitution, Gender Equality, Human Rights, Legal Reforms, Social Justice, Discrimination.
INTRODUCTION
Empowering women is a right, not a charity. In the Indian context, where gender-based discrimination is deeply entrenched, empowering women goes beyond policy rhetoric; it is about dismantling centuries-old structures that subordinate women to men. Gender justice, on the other hand, ensures that women receive fair treatment and equal opportunities across all spheres of life. It involves recognizing historical disadvantages, reforming discriminatory laws and customs, and ensuring accountability for gender-based crimes. Together, women’s empowerment and gender justice seek to create a society where all individuals, regardless of gender, have equal rights, responsibilities, and opportunities. Despite constitutional guarantees of equality under Articles 14, 15, and 16, and the right to life with dignity under Article 21,[1] the Indian woman’s lived reality is marred by inequality, violence, and limited access to resources. While the country has witnessed remarkable achievements—more women in politics, education, and corporate leadership-challenges like child marriage, dowry, honor killings, and workplace harassment continue to persist. This assignment explores the multidimensional approach required to advance women’s empowerment and ensure gender justice in India.
HISTORICAL CONTEXT AND SOCIO-CULTURAL BARRIERS
Traditionally, Indian society has been patriarchal, relegating women to subordinate roles within families and communities. Cultural practices such as sati, purdah, and dowry have historically undermined women’s autonomy. Though many such practices are now outlawed, their remnants linger in social attitudes. For example, son preference still leads to skewed sex ratios in some regions.[2] Religious personal laws often reinforce gender inequality. For instance, Muslim women in India have historically struggled for equal rights in marriage and divorce, as evident in the Shah Bano case.[3] Similarly, before the 2005 amendment to the Hindu Succession Act, daughters were not granted equal rights under Hindu inheritance laws.[4]
LEGISLATIVE FRAMEWORK FOR EMPOWERMENT
India has enacted several laws to protect and promote women’s rights. The Indian Constitution guarantees equality (Articles 14, 15, and 16), protection of life and dignity (Article 21), and affirmative action.[5] Key legislations include:
- The Protection of Women from Domestic Violence Act, 2005
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
- The Dowry Prohibition Act, 1961
- The Prohibition of Child Marriage Act, 2006
- Hindu Succession (Amendment) Act, 2005
These laws aim to address both public and private forms of violence and discrimination. However, enforcement remains a significant challenge. A 2018 NCRB report shows a consistent rise in crimes against women, indicating a gap between the law and its implementation.[6]
GOVERNMENT INITIATIVES AND POLICY FRAMEWORKS
Various government programs aim to empower women:
- Beti Bachao, Beti Padhao focuses on the education and survival of the girl child.
- For female entrepreneurs, Mahila E-Haat is an online marketing platform.
- One-Stop Centres provide integrated services for women affected by violence.
- MUDRA Yojana offers financial assistance to women entrepreneurs.
However, implementation issues, lack of awareness, and bureaucratic hurdles often limit the reach and effectiveness of these schemes.[7]
ROLE OF THE JUDICIARY IN ADVANCING GENDER JUSTICE
The Indian judiciary has emerged as a guardian of gender rights and dignity. Through progressive interpretations of the Constitution, the courts have sought to uphold the spirit of equality and non-discrimination.
- Vishaka v. State of Rajasthan (1997) was a watershed moment, where the Supreme Court laid down guidelines against workplace sexual harassment, which later evolved into statutory law in 2013.[8]
- In Joseph Shine v. Union of India (2018), the apex court struck down Section 497 IPC, decriminalizing adultery and reinforcing the notion that women are not the property of their husbands.[9]
- The court’s ruling in Independent Thought v. Union of India (2017) made marital rape of females under the age of 18 illegal, emphasizing the necessity of classifying marital rape as violence.[10]
- In Navtej Singh Johar v. Union of India (2018), although centered on LGBTQ rights, the court’s acknowledgment of bodily autonomy and freedom of choice had ripple effects on the discourse of gender justice.[11]
Judgments like these have transformed the legal landscape and emboldened the fight for equal rights. Yet, delays in the justice system, lack of gender sensitization among the judiciary and police, and limited accessibility for marginalized women still hinder its full potential.
INTERSECTIONALITY AND MARGINALIZED WOMEN
Empowerment initiatives must take into account how gender intersects with caste, class, religion, and disability. Due to socioeconomic stratification as well as gender, Dalit and Adivasi women experience double marginalization. For example, caste and gender-based violence were both brought to light in the 2020 Hathras gang rape case. As a result of Muslim women’s fight against triple talaq, the Muslim Women (Protection of Rights on Marriage) Act, 2019 was passed.[12] However, concerns remain about its criminalization approach, which critics argue may disproportionately impact Muslim men rather than truly empower women.[13] Trans women and queer individuals are also often excluded from empowerment narratives. A truly inclusive approach must account for diverse gender identities and expressions.
ROLE OF CIVIL SOCIETY AND GRASSROOTS MOVEMENTS
Women’s mobilization, awareness-building, and policy reform have all benefited greatly from grassroots organizations. Two such instances are the Gujarati SEWA (Self-Employed Women’s Association) and the Gulabi Gang in Uttar Pradesh. Movements like #MeToo and Pinjra Tod have brought urban gender issues into public discourse. These movements have challenged not just sexual violence, but also the systemic silencing of women’s voices.
EDUCATION AND ECONOMIC EMPOWERMENT
Education is a key driver of empowerment. According to the 2021 All India Survey on Higher Education, female enrollment in higher education has increased steadily. However, dropout rates among girls in rural areas remain high due to early marriage and poverty.
Economically speaking, women still make up only 20.3% of the workforce.[14] Many people without social protection labour in the unorganized economy. Addressing wage gaps, workplace harassment, and lack of maternity benefits is critical for real empowerment.
REPRESENTATION IN POLITICS AND DECISION-MAKING
Women’s political participation has seen improvement, with the 33% reservation in Panchayati Raj Institutions being a game-changer. However, women’s representation in the Lok Sabha is somewhat higher than 14%.[15] The long-pending Women’s Reservation Bill is still awaiting enactment. Increasing women’s presence in decision-making positions is essential for policies that reflect lived gender realities.
USE OF AUTHORITIES
The legal and institutional architecture underpinning gender justice in India draws heavily from constitutional principles, landmark judicial pronouncements, and statutory enactments. At the heart of this framework are Articles 14, 15, 16, and 21 of the Indian Constitution,[16] which guarantee equality before the law, non-discrimination on the grounds of sex, equal opportunity, and the right to life and human dignity. These provisions have served as the foundational pillars for numerous legal reforms aimed at women’s empowerment.
Judicial activism has been crucial in interpreting and broadening these rights. In Vishaka v. State of Rajasthan (1997)[17], the Supreme Court, invoking international conventions like CEDAW, laid down binding guidelines to prevent sexual harassment at the workplace, filling a legislative vacuum at the time. Similarly, in Joseph Shine v. Union of India (2018), the Court struck down Section 497 IPC, thus rejecting patriarchal notions embedded in adultery laws and affirming the agency of women within marriage.[18]
Earlier, the Shah Bano case[19] (1985) brought to light the challenges faced by Muslim women under personal law and sparked a national conversation about uniform civil rights. Although the verdict was politically weakened, it underscored the conflict between personal law and constitutional equality, leading to long-term legal changes.
More recent jurisprudence, such as Independent Thought v. Union of India (2017), recognized the criminality of child marital rape, further challenging harmful customary practices.[20] In Navtej Singh Johar v. Union of India (2018), while focused on LGBTQ+ rights, the Court’s emphasis on bodily autonomy and dignity resonated with the broader movement for gender justice.[21]
Beyond the judiciary, statutes like the Hindu Succession (Amendment) Act, 2005,[22] established equal inheritance rights for daughters, while the Sexual Harassment of Women at Workplace Act, 2013, transformed the Vishaka guidelines into binding law.[23] The Muslim Women (Protection of Rights on Marriage) Act, 2019 also sought to protect the rights of Muslim women, despite criticism that it criminalised triple talaq.[24]
Empirical data and institutional reports further ground these legal developments in socio-political reality. For instance:
- NCRB (2018) statistics show an increase in crimes against women, highlighting the need for stronger enforcement.[25]
- The PLFS (2021) and Census 2011 data reveal ongoing educational and economic disparities.[26]
- PRS Legislative Research (2023) highlights the lack of representation of women in legislative bodies.[27]
- Reports from civil society organizations like Smile Foundation and LawBhoomi provide insights on policy shortcomings and intersectional vulnerabilities.
Together, these sources make a strong argument for not just formal equality but also meaningful justice that is inclusive, intersectional, and rooted in real-life experiences.
CONCLUSION
Women’s empowerment and gender justice in India are not mere ideals; they are imperatives for a just, inclusive, and sustainable future. While progress has been made through legislative reforms, judicial activism, and policy frameworks, deep-rooted societal biases continue to obstruct genuine change. A holistic, intersectional approach is needed—one that addresses the structural causes of discrimination and includes women in decision-making processes at all levels. Empowering women changes families, communities, and countries in addition to improving the lives of individuals. The journey is long, and the road is riddled with challenges, but with persistent collective effort, gender justice in India can evolve from a constitutional promise to a lived reality.
REFERENCES
- Constitution of India (1950), Articles 14,15,16, & 21
- Census of India, 2011. Provisional population totals. New Delhi: Office of the Registrar General & Census Commissioner, India.
- Government of India, 2005. The Hindu Succession (Amendment) Act, 2005. New Delhi: Ministry of Law and Justice.
- National Crime Records Bureau (NCRB), 2018. Crime in India 2018. New Delhi: Ministry of Home Affairs, Government of India.
- The Muslim Women (Protection of Rights on Marriage) Act, 2019
- Government of India, 2013. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. New Delhi: Ministry of Law and Justice.
- Smile Foundation. (2023). Women Empowerment and Gender Justice in India. Available at: https://www.smilefoundationindia.org/blog/women-empowerment-and-gender-justice-in-india/ [online] Smile Foundation Blog [Accessed 24 July 2025].
- LawBhoomi. (2023). Women Empowerment and Gender Justice. Available at: https://lawbhoomi.com/women-empowerment-and-gender-justice/ [Accessed 24 July 2025].
- Periodic Labour Force Survey (PLFS). (2021). Ministry of Statistics and Programme Implementation.
- PRS Legislative Research. (2023). Women in Parliament. [online] PRSIndia. Available at: https://prsindia.org/parliamenttrack/vital-stats/women-in-parliament-and-state-assemblies [Accessed 24 July 2025].
- Vishaka v. State of Rajasthan, AIR 1997 SC 3011
- Mohd. Ahmed Khan v. Shah Bano Begum, AIR 1985 SC 945
- Joseph Shine v. Union of India, AIR 2018 SC 4898
- Independent Thought v. Union of India, AIR 2017 SC 4904
- Navtej Singh Johar v. Union of India, AIR 2018 SC 4321
[1] Constitution of India (1950), Articles 14,15,16, & 21
[2] Census of India, 2011. Provisional population totals. New Delhi: Office of the Registrar General & Census Commissioner, India.
[3] Mohd. Ahmed Khan v. Shah Bano Begum, AIR 1985 SC 945
[4] Government of India, 2005. The Hindu Succession (Amendment) Act, 2005. New Delhi: Ministry of Law and Justice.
[5] n1
[6] National Crime Records Bureau (NCRB), 2018. Crime in India 2018. New Delhi: Ministry of Home Affairs, Government of India.
[7] Smile Foundation. (2023). Women Empowerment and Gender Justice in India. Available at: https://www.smilefoundationindia.org/blog/women-empowerment-and-gender-justice-in-india/ [online] Smile Foundation Blog [Accessed 24 July 2025].
[8] Vishaka v. State of Rajasthan, AIR 1997 SC 3011
[9] Joseph Shine v. Union of India, AIR 2018 SC 4898
[10] Independent Thought v. Union of India, AIR 2017 SC 4904
[11] Navtej Singh Johar v. Union of India, AIR 2018 SC 4321
[12] The Muslim Women (Protection of Rights on Marriage) Act, 2019
[13] LawBhoomi. (2023). Women Empowerment and Gender Justice. Available at: https://lawbhoomi.com/women-empowerment-and-gender-justice/ [Accessed 24 July 2025].
[14] Periodic Labour Force Survey (PLFS). (2021). Ministry of Statistics and Programme Implementation.
[15] PRS Legislative Research. (2023). Women in Parliament. [online] PRSIndia. Available at: https://prsindia.org/parliamenttrack/vital-stats/women-in-parliament-and-state-assemblies [Accessed 24 July 2025].
[16] n1
[17] n8
[18] n9
[19] n3
[20] n10
[21] n11
[22] n4
[23] Government of India, 2013. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. New Delhi: Ministry of Law and Justice.
[24] n12
[25] n6
[26] n14 & n2
[27] n15
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