From Tradition To Transformation: Legal Frameworks For Women's Rights In India

Abstract

The legal landscape surrounding women's rights in India has evolved significantly over the years, transitioning from entrenched traditional norms to progressive frameworks that seek to empower and protect women. This abstract delves into the complex journey of women's rights within the Indian legal system, highlighting the transformative legal frameworks that have emerged to address historical injustices and foster gender equality. India, with its rich cultural diversity, has long been characterized by traditional gender roles and norms that have often marginalized women. For centuries, women faced discrimination, limited access to education, and restricted participation in economic and political spheres. This research context underscores the need for legal frameworks that not only challenge but also transform societal attitudes towards women's rights. The legal transformation of women's rights in India commenced with the enactment of several landmark legislations. Under the Constitution of  India the inclusion of Article 15(3) allowed for affirmative action, empowering the state to make special provisions for women. Subsequently, the Dowry Prohibition Act of 1961, the Maternity Benefit Act of 1961, and the Equal Remuneration Act of 1976 were introduced to address specific aspects of women's rights, such as dowry-related abuses, maternity benefits, and equal pay for equal work. Despite these initial legal interventions, challenges persisted. Gender-based violence, unequal access to education, and limited economic opportunities for women remained pervasive issues. In response, India continued to evolve its legal frameworks. The Protection of Women from Domestic Violence Act of 2005, for instance, introduced measures to combat domestic abuse and provide protection orders for women. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013 mandated the establishment of internal committees to address workplace harassment, further reinforcing women's rights in the professional sphere.