THE EVOLUTION OF WOMEN’S RIGHTS UNDER INDIAN LAW
Author- Pratibha , B.A.LLB(Hons), CMP Degree College, University of Allahabad, Prayagraj
ABSTRACT
The
underlying idea of the evolution of women's right under Indian law reflect or
highlights a prove active transformation from historical point of view to legal
empowerment to the women regarding their rights under Indian law. In our Indian
Constitution which guarantees women's right equality and promoting non-discrimination,
the legal framework has progressivelyaddressing the gender injustice from
landmark legislation and judicial intervention so that they can able to develop
themselves completely.From the Hindu code bills of 1950[1] to modern laws on Protection of
women from domestic violence 2005[2], Dowry
Prohibition Act 1961[3], Sexual
harassment of women at workplace 2013[4] ,
Hindu succession Act 1956[5], Prohibition
of child marriage act 2006[6]and
many of the legislation are formed for the benefit of women's right under
Indian law. We often see that Indian law has continuously evolved to protect
and promote the rights of women sometime judicial activism down train has
played on important role in expanding the interpretation of gender justice
which contributing to society.
This
article phrases the historical and legal development of women rights in India
analyzes key legislative and judicial milestones and highlighting the ongoing need for legal
reform and social transformations and also some criticism regarding evolution
of women's right under Indian law.
Key
words: evolution, judicial intervention, legislation,
INTRODUCTION
The
evolution of women's right in India has been a kind of journey which uplift
women’s frommarginalized level to that level from where they allrecognised and
empowered only by giving them rights under Indian law system.
During
an ancient time, women are only treated as puppet by patriarchal society in
India, even women had limited autonomy to make decisions about their lives, and
mostly decisions often being made by male family members.In the name of custom
there are various rules and regulations which are formed regarding women are
not only disregard their interests, rights,
justice and equality but also decline there over all growth of women. From the
patriarchal society and colonial erawomen has to struggle for gender equality
which seems to be very long standing and complex.
Before
designing of laws regarding women's rights under Indian law, women hasto faced
many kind of difficulties as social, economic and cultural hardships and we
can't imagine their role in political spheres.
Some
important aspects of their condition which include as women's access in
education was restricted by their family and are mainly kept at the four walls within
the house and their main roles is to confined and reside to domestic households
work and taking care of their children And we talk about Child marriage which was prevalent in ancient period and
from the day of birth of girl child their members are only thinking of their
marriage at a young age often without their consent. And also women's have no
rights in their inherit properties. And their was a lack of women representation
in field of public life ,in politics and even job sector.
After
the enactment of women's rights under Indian law has led a significant
improvements in the condition of women. Because of laws enactment,now women are
mostly accessing education with rising literacy rates and increased their
enrollment in schools and higher education institutions. And also their health
regarding issues have improved and government also provided maternity relief
and health services to them.
Alongside
legislative efforts,the judicial system also played a critical role in
interpreting the constitution and expanding the scope of gender justice through
progressive rulings.However the
transformation is still on going saved by landmark legislation, judicial
intervention and social movements as the status and rights of women in India
has undergo a dramatic transformation over the past centuries.
This
article gives an overview regarding the evolution of women rights under Indian
Law, highlighting the legislative reforms and
judicial milestones and also a way of ongoing challenges faced in
realizing true gender equality.
Key
words: uplift, marginalized, patriarchal society, consent
History of women’s rights in India
The
evolution of women's rights under Indian law has been a gradual process with
spanning centuries and significant milestones development over the time.
Ancientandmedievalperiod - women's rights are almost
astheiris no rights regarding them.During that time customs, mores and norms
are decided by patriarchal and dominant one's. Even their lifestyles are
governed by their orders and rules established. They have to relies for any
thing to their male members of the family.
BritishcolonialEra-the British colonial era
introduced some laws,but they were often inadequate or poorly enforced. The
Britishers introduced new legal codes such as Hindu succession act and the
Indian succession act which normally impacted women's rights.
Some
social reform movements also laid down and by figures like Raja Ram Mohan Roy
who advocated for women's rights which including education and remarriage and
abolished Sati Pratha.
PostindependenceEra- after our nation that is India
gained independence in 1947, the government introduced several laws to promote
women's rights, and also by largest hand written Indian constitution (1950)
which enshrined fundamental rights for all citizens regardless of gender, and
prohibition of discrimination based on sex ,descent,caste .We all have to
promote equality among all.
Some
landmark legislation works, as follows below:
TheHindusuccessionact (1956) which reformed and
granting women's right to property, inheritance but initially denied equal
rights to ancestral property.
TheDowryprohibitionact (1961) which prohibited
taking or giving of dowry.
Familycourtsact (1984)[7]
establishment of family courts to handle the matrimonial related disputes and
conflicts.
There
are various hurdles or challenges that are faced by women even for their rights
in India from completely utilizing it and even
rights guarantee by Constitution are also not fully utilizing by them or
denying her legal rights and privileges which ought to enjoyed by them.
Although
they have much more laws in respect of protecting their rights and ensuring
justice but still much to be done with regard to women’s rights. And Many of
the women in this country are not aware of their rights, the following are the
women’s rights in India based on gender equality under the Indian law:
RIGHT TO EQUAL PAY
According
to Article 39(d) and Article 41 of the Indian constitution which is a part of
DPSPs[8]
both men and women are entitled to equal pay for equal work. They form the
directive principles of state policy. The guidelines will therefore serve as a
guide to both the central and state governments of India, which are to be
considered when framing laws and policies. Legislation such as the Equal
Remuneration Act of 1976[9]
also pays a crucial role and is a prime example of this. Section 4 of this act
not only stresses equal pay for equal work but also prohibits employers from
reversing their pay scales to achieve an equilibrium.
The Supreme
Court first considered equal pay for equal work in Kishori Mohanlal Bakshi V.
Union of India (1962)[10]
the court decided that the principle could not enforced in court. In the Mackinnon
Mackenzie’s case, however, led to the recognition it deserved in 1987, this
case concerned a claim of equal renumeration for men and women stenographers.
The lady stenographers won the case as the court ruled in their favor.
As
women’s right under Indian law where in constitution it was mentioned about
equal pay for equal work in the case RANDHIRSINGH V UNIONOFINDIA,
AIR1982SC879[11]
the supreme court has held that although the principle of equal pay for equal
work is not expressly declared by constitution, to be a fundamental right, but
it is certainly a constitutional goal under Article 14,16 and 39k.
This decision
has been followed in the following cases:
Dhirendra
Chamoli v. state of U.P. 1986 1 SCC 637[12]
F.A.I.C.
and C.E.S. v. Union of India(1988) 3 SCC[13]
Some
landmark judgements regarding women’s rights given under Indian law:
VINDHYA
SAXENA V. EAST DELHI MUNICIPAL CORPORATION (Right to use mother’s surname)
In this
case Vindhya Saxena v. east Delhi municipal corporation(2021)[14],
the Delhi High Court
stated that a father does not have the right to dictate terms to his daughters,
and each child may use their mother’s name as long as it is appropriate. During
the hearing, the court issued the directive in response to a petition from the
father of a minor girl, who was seeking permission to use his name as the
daughter’s surname instead of her mother’s.
The
judge declined the plea and refused to give a direction like this and claimed
that the father does not own his daughter. According to the judge, the minor
girl can use her mother’s surname if she wishes to do so. It was held that
every child has theright to use his or her mother’s surname if he or she so
desires.
Despite
our constitution mentioned that in Article 15 the sate shall not discriminate
against any citizens on grounds only of religion, race, caste, sex, place of
birth or any of them. In which there was also mentioned that in Article 15(3)nothing
in this article shall prevent the state from making any special provision for women
and children. Hence, we conclude that state shall make any law or provision for
women’s rights under the Indian law system.
Key rights and laws
Right to
equality -in Indian constitution article 14 mentioned that state shall not deny
to any person equality before the law or the equal protection of the laws
within the territory of India. And which is crucial for women's rights in
ensuring women are not discriminate or treat in inhumane way against based on
gender and also guarantees equal opportunity in matters of public employment as
mentioned in article16 as no citizens shall on grounds only of religion, race, caste,
sex, descent, place of residence,birth or any of them or not discriminate
against in respect of any employment or appointment.
As in Vishakha
v. StateofRajasthancase(1997)[15]
is one of the landmark judgement which significantly contributed to the
evolution of women's rights under Indian law. By this case a lot of guidelines
were established to prevent and address sexual harassment at the workplace and
this case is also known as Anti Sexual harassment at workplace case. In this
case Indian law, judiciary plays a Pro active role with the help of doctrineof judicial activism.
The
judgement of the Supreme court ruled that sexual harassment at the workplace
not only violated the dignity of women but also violates a woman's fundamental
rights to rife and liberty under article 21 of the Indian constitution.the
court mainly or forcily emphasized the importance of creating a safe working
environment for women.
This
case impact the Vishakha guidelines paved the way for the sexual harassment of
women for the sexual harassment of women at workplace (prevention, prohibition
and Redressal) Act 2013 which providing a comprehensive legal framework for
addressing workplace sexual harassment.
Another
landmark judgement that significantly impacted the evolution of women's rights
under Indian law,which particularly related to the context of Muslim personal
law is the case ShahBano v. unionofIndia (1985)[16]as
Shah Bano is a Muslim woman who was given divorced by her husband and she
sought a maintenance under section 125 of the code of criminal procedure
(Crpc)and the case highlighted the conflict between Muslim personal law, which
limits maintenance to iddat period ( it is a kind of period of three month
after divorce) and section125 of the Crpc,which provides for maintenance to a
divorced wife.
And the
judgement held by Supreme court ruled the decision in favour of Shan Banoand
holding that section 125 of the Crpc applies to Muslims women also as
maintaining the secular concept that transcends personal laws.
The
impact of this case decision is on women's rights by promoting a secular
approach to women's rights that maintenance is their fundamental rights that
should be available for all women regardless of their religion.
Evolution
of women's rights under Indian law in relation to LocalSelfgovernment
has given an outstanding platform for women's so that they also take part in
political sphere.With the help of 73rdand74thconstitutionalamendments in
1993[17]
we saw that this amendment mandated reservation of seats for women in local
level institutions such as municipalities and panchayats.In article 243D
reservation of seats in panchayat is to be provided for women not less than
1/3rd of office of chairman in the state shall be reserved for women.
By
giving them seats it providing them with platform to voice their concerns and
participate in decision making and also develop their leadership roles.
Women’s
rights also enhanced with the help of UPPanchayatiRajAct1947[18]
in which section 11A(3) mentioned about women’s reservation and this section
states that not less than 1/3rd of total seats of office of Pradhan
is reserved for women for women belonging to SCs, STs and backward classes.
Key
words: guidelines, maintenance, secular approach, reservation.
Criticism
Often
our Indian constitution mentioned that state shall make laws in respect to
women's rights so that they feel free to move,work and get empowerment during
their lifestyle but nowadays the laws which are made for their rights they
start misusing the same and it is often common in today's world .
For
instance,The landmark judgement of KamlaversusstateofGujarat2025[19]this
case involves a matrimonial disputes where the complainant's wife filed the
case under section 498A of the IPC against her husband and in laws by alleging
cruelty against her. This case was heard by bench of justice Manoj Mishra and
justice Manmohan and the court emphasize any need for caution while accepting
these allegations at face value. This case involved a matrimonial disputes and
the court decision highlights the importance of exercising caution in such
cases, particularly when allegations arise after many years of marriage and
coincide with divorce proceeding.
This
case mainly high lights that the laws are implement and enforce so that the
rights of women's can preserve but now a days women can misuse this rights
which are provided to them for their rights and dignity. The Supreme court
quashed the criminal proceeding against
the complainant wife husband and parents in law and mentioning that there is a
false charge against her husband and parents in laws and women uses this
particular section 489A IPC to harass husband and his parents.
As laws
are designed to protect women from dowry harassment and abuse ,even this some
notable cases which highlights how this laws are misused by women for their
self-interest. in our Indian law system we saw a landmark example The NishaSharmadowrycase2003[20]
of the ability of misusing of Indian's dowry laws. In this case Nisha Sharma
alleged her prospective husband, named as Munish Dalal who is demanding dowry
and because of this leading to his arrest along with his mother and aunt.and is
going from 9 years long trial as the court acquitted Munish Dalal and his
arrested family members in 2012 due to lack of evidence which concluding that
Nisha had fabricated the dowry charges. The impact of this case highlighted the
potential for misuse of dowry laws and sparked that she had filed false
allegations to get out of the marriage.
As
Indian law provides various laws which can give women's rights to evolve from
any kinds of difficulties faced by them before the laws made for them but now
those laws which are for their safety and rights regardless of that now most of
time we often see that women's are found in misusing these laws
Some
laws in India that has been misused by women include:
Many of the case filed by women today's are of
Section498A of IPC which talks about or intends to protect or provide safety
form dowry harassment and cruelty,has been misused to filed false cases against
husbands and their relatives.
Dowry
prohibition act 1961, in respect to this act it's intention to eradicate or
reduce dowry, even this law has also been used to file a false charge against
in laws because of this they have to face many kinds ko tension like mental,
financial and even reputation damage also suffered.
Key
words: misusing, matrimonial disputes, cruelty, pace value, acquitted.
CONCLUSION
In conclusion, the evolution of women’s
rightsunder Indian laws are marked by a journey of resilience and progress.
Over the years various women, and advocates have strived for genderequality,and
justice which leading to social, legal and political fields. India has range of provisions and laws for
women’s rights, that safeguard them across various fields, such as criminal
offences, family issue and discrimination these laws played a crucial role in
developed or played a role in shielding them from any kind of difficulty faced
by them.
The role
of judiciary in recognizing and safeguarding women’s rights cannot be
overstated, as landmark judgements have paved the ways of progress. However,
the journey is far from over. Legal reforms alone cannot dismantle deeply
rooted patriarchal norms and societal barriers, the effective implementation of
laws, greater awareness of rights, and a shift in public attitudes are equally
essential to truly empower women. Through the principles of justice, liberty
and fraternity, we can work tighter to build a more inclusive and equitable India,
where women’s rights are not just a dream but a reality for all.
Key
words: advocates, shielding, safeguarding, implementation, and equitable
BIBLIOGRAPHY
https://www.hercircle.in History Of Women’s Rights In India: Evolution of women’s rights in India
https://indialegallive.com evolution of
women rights in India
https://LexisNexis.in law for women in
India: an overview
https://blog.ipleaders about women rights
Bare Act
of Constitution of India
UP Panchayati Raj Act, 1947
[1] The Hindu code 1950 aims to codify and reform Hindu personal law in India
[2] Protection of women from domestic violence2005
[3] Dowry prohibition act 1961 is the law that prohibits the giving and taking of dowry in India
[4] Sexual harassment of women at workplace 2013
[5] Hindu succession act 1956 is a law that governs succession and inheritance among Hindus, Buddhists, Jains, and Sikhs in India
[6] Prohibition of child marriage act 2006 aims to prevent child marriages in India
[7] Family courts act 1984 aims to establish this to provide speedy and efficient resolution of family disputes
[8] DPSPs means Directive Principles of State Policy , are guidelines enshrined in Part IV of the Indian Constitution which serves as a framework for the state to promote social and economic welfare. These principles are not enforceable by courts but are fundamental in the governance of the country.
[9] Equal remuneration act 1976 aims to provide equal remuneration to men and women workers in India
[10] Kishori Mohanlal Bakshi v. union of India 1962
[11] Randhir Singh v. Union of India, AIR 1982 SC 879
[12] Dhirendra Chamoli v. state of U.P.1986 1 SCC 637
[13] F.A.I.C. AND C.E.S v. Union of India 1988 3 SCC
[14] Vindhya Saxena v. east Delhi municipal corporation2021
[15] Vishakha v. state of Rajasthan 1997
[16] Shah Bano v. Union of India 1985
[17] 73rd and 74th constitutional amendments 1993, deals with Panchayati Raj system and Urban local Bodies respectively
[18] UP Panchayati Raj act 1947 deals with establishing and developing local self government in rural areas of Uttar Pradesh
[19] Kamla v. state of Gujarat2025
[20] Nisha Sharma dowry case 2003
The Evolution of Women’s Rights in India: From Patriarchy to Legal Empowerment
This comprehensive article explores the evolution of women’s rights under Indian law — from ancient marginalization to constitutional protections and landmark judicial decisions. It critically analyzes progressive legislation, social reform, and the misuse of gender-protective laws in contemporary India.
- Evolution of women's rights in India
- Women’s legal rights in Indian Constitution
- Dowry Prohibition Act misuse
- Section 498A IPC false cases
- Equal pay for women in India
- Vishakha case 1997
- Shah Bano judgment 1985
- Gender equality laws in India
- Women in Panchayati Raj
- Women’s representation in politics India
- Domestic violence law 2005 India
- Hindu Succession Act reforms
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