Empowering Women Through Law: A look at India's Evolving Legal Framework for Gender Equality
24 SEP 2024
This article delves into the evolving legal framework for gender equality in India, highlighting key laws that empower women and protect their rights. It traces the historical roots of women's rights enshrined in the Constitution and examines significant legislations.
Picture a land where women with courage, their voices clear and strong, their rights respected and defended. This dream, still taking shape, is being actively chased in India with a set of laws. Though equality for women is still a journey in process, these laws can stand as a strong shield protecting women from unfair treatment, violence and social wrongs.
Tracing the roots of Women’s Rights, the seeds of legal protection for women in India was sown in the ground of the Constitution itself. Articles 14, 15, 16 and 39A enshrine fundamental rights like equality before the law, non- discrimination on the basis of sex and equal opportunity in public employment. These foundational principles laid the groundwork for the subsequent laws that address challenges faced by women in various aspects of life.
The fight for gender equality has been a constant battle, necessitating specific legal interventions. The Dowry Prohibition act, 1961 stands as a testament to the struggle, criminalizing the practice of demanding money or gifts from the bride’s family. This law empowers women to refuse such demands and seek justice.
The specter of violence, however, continues to threaten women’s safety. The Protection of Women from Domestic Violence Act, 2005 serves as a critical shield against domestic violence. It empowers women to seek legal actions, obtain protection orders and access safe shelter. This law acknowledges the insidious nature of abuse within seemingly secure walls of a home, offering a path to safety and escape.
Equality extends beyond the domestic sphere, encompassing professional aspirations as well. The Equal Remuneration Act, 1976 mandates equal pay for equal work, regardless of gender. This law fights against the persistent issue of pay disparity, ensuring women receive fair compensation for their contributions.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) was enacted by the Ministry of Women and Child Development. It creates a safe for women by providing a mechanism to report and address sexual harassment at work.
The Medical Termination of Pregnancy Act, 1971 recognizes a woman’s right to make informed choices regarding her reproductive health. It allows for safe and legal abortions under specific, empowering women to take control over their bodies and future. This act acknowledges the importance of bodily autonomy and fosters healthcare access for women.
The three new criminal laws- The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagaraik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA ) replaced the Indian Penal Code (IPC) of 1860, The Code of Criminal Procedure (CrPC) of 1973, and the Indian Evidence Acct of 1872 and came to effect on July 1, 2024. While it doesn’t have laws solely for women, there are aspects that can be beneficial for them. These laws includes new crimes like cyberstalking and voyeurism, which can affect women. The BNS increased imprisonment terms and fines for several crimes including those crimes against women like assault, stalking and acid attacks. Special provisions for crimes against women and children, ensuring sensitive handling and expedited medical examinations is added.
The legal framework for women’s rights in India is a continuously evolving narrative. While these laws provide a foundation, challenges persist in the terror of awareness, implementation, and societal attitudes. The knowledge of these legal rights empowers women to claim their rightful place in the society. Sharing this knowledge and creating awareness is crucial.
Source:
Constitution of India: https://legislative.gov.in/constitution-of-india/
The Dowry Prohibition Act, 1961: https://amos-law.com/?m=dowry-prohibition-act-1961-the-national-commission-for-women-ww-9DbWNRuA
The Protection of Women from Domestic Violence Act, 2005: https://ncwapps.nic.in/onlinecomplaintsv2/frmInstructions.aspx
The Equal Remuneration Act, 1976: https://labour.gov.in/womenlabour/equal-remuneration-acts-and-rules-1976
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: https://www.indiacode.nic.in/handle/123456789/2104?sam_handle=123456789/1362
The Medical Termination of Pregnancy Act, 1971: https://main.mohfw.gov.in/?q=acts-rules-and-standards-health-sector/acts/mtp-act-1971
National Commission for Women (NCW): http://ncw.nic.in/