EMPOWERMENT OF WOMEN

Introduction
Women empowerment refers to the process of increasing the economic, political, social, and
cultural strength of women. In India, the issue of women’s rights and empowerment has been
central to legal reforms, with the Constitution of India providing various provisions for the
protection and promotion of women’s rights. The Indian Constitution, through its various
provisions, strives to ensure gender equality, provide a legal framework for women's welfare, and
protect women against discrimination. Over the years, judicial pronouncements have further
expanded the scope of these provisions to achieve practical gender equality.
Constitutional Provisions for Women Empowerment
The Indian Constitution enshrines several provisions that are aimed at safeguarding the rights of
women and promoting gender equality.
1. Article 14 - Right to Equality
Article 14 of the Constitution guarantees equality before the law and equal protection of the
laws. While this article applies to all citizens, it mandates that women, like men, be treated
equally before the law. This provision forms the cornerstone of gender equality in India.
2. Article 15 - Prohibition of Discrimination
Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It
empowers the state to make special provisions for the protection of women and children. This
allows for positive discrimination or affirmative action, ensuring that women, particularly those
from disadvantaged groups, are provided opportunities in education, employment, and social
welfare.
3. Article 16 - Equality of Opportunity in Public Employment
Article 16 guarantees equality of opportunity in public employment. It permits the state to make
provisions for reservations for women in public employment, thus promoting their inclusion in the
workforce. Various states have implemented reservations for women in local governance and
other public offices.
4. Article 39(a) - Right to Adequate Means of Livelihood
Article 39(a) directs the state to secure adequate livelihood for men and women, ensuring that
women have the means to live with dignity. This provision is foundational to women's economic
empowerment as it promotes the right to work and earn a living.
5. Article 39(d) - Equal Pay for Equal Work
Article 39(d) mandates the state to secure equal pay for equal work for both men and women.
Although it is a directive principle and not justiciable in courts, it reflects the constitutional intent
to promote gender equality in the workplace.
6. Article 42 - Provisions for Just and Humane Conditions of Work and Maternity Relief
Article 42 directs the state to make provisions for securing just and humane conditions of work
and maternity relief for women. This provision is crucial in promoting women's workforce
participation, ensuring they can balance work with their family responsibilities.
7. Article 46 - Promotion of Educational and Economic Interests of Scheduled Castes,
Scheduled Tribes, and Other Backward Classes
Article 46 directs the state to promote the educational and economic interests of backward
classes, including women from these groups. This provision is aimed at reducing gender and
social inequalities, ensuring equal access to opportunities for education and employment.
8. Article 51A(e) - Duty of Citizens to Promote Harmony
Article 51A(e) imposes a duty on every citizen to promote harmony and the spirit of common
brotherhood, which includes eliminating practices that undermine women's rights. This clause
highlights the constitutional mandate for societal transformation towards gender equality.
Statutory and Judicial Protections for Women
Apart from constitutional provisions, India has several laws and judicial decisions that protect
and promote women’s rights. These laws have evolved over time, shaping the path toward
women’s empowerment.
1. Protection of Women from Domestic Violence Act, 2005
This legislation provides protection to women from domestic violence, which can be physical,
emotional, sexual, or economic. It offers women legal remedies, such as protection orders,
residence orders, and monetary relief, helping them seek justice in cases of domestic abuse.
2. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal)
Act, 2013
This Act mandates that all workplaces have a mechanism to prevent and address sexual
harassment. It also provides for the establishment of Internal Complaints Committees (ICC) in
workplaces to ensure that women can work in an environment free from harassment.
3. The Dowry Prohibition Act, 1961
This law makes the demand for dowry illegal and provides for penalties against those involved in
dowry-related harassment. The law seeks to address the social evil of dowry and the violence
associated with it, ensuring a safe environment for women in marriage.
4. The Maternity Benefit (Amendment) Act, 2017
The Maternity Benefit (Amendment) Act, 2017 extended maternity leave from 12 weeks to 26
weeks, benefiting working women. This law aims to provide women with the time to recover from
childbirth and care for their children, without the fear of losing their jobs.
5. The Prohibition of Child Marriage Act, 2006
This law prohibits the marriage of girls under the age of 18 and boys under the age of 21,
protecting young girls from child marriage and ensuring their right to education and personal
development.
Landmark Case Laws on Women Empowerment
Indian courts have played an instrumental role in interpreting the Constitution in a manner that
promotes women’s empowerment. Several judgments have expanded the scope of constitutional
provisions and ensured that women’s rights are safeguarded.
1. Vishaka v. State of Rajasthan (1997)
In this landmark judgment, the Supreme Court laid down guidelines to prevent sexual harassment
of women in the workplace. The Court ruled that sexual harassment at the workplace violated
fundamental rights under Articles 14 (equality before the law), 15 (prohibition of
discrimination), and 21 (right to life and personal liberty). This case led to the formulation of
the Vishaka Guidelines, which later formed the basis for the enactment of the Sexual
Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
2. Shah Bano Case (1985)
The Shah Bano case involved a Muslim woman seeking alimony after her divorce. The Supreme
Court ruled in favor of Shah Bano, ordering her husband to provide her maintenance. This case
was significant as it highlighted the need for uniformity in personal laws for women’s protection.
It led to a national debate on the rights of Muslim women and the scope of personal laws.
3. Maneka Gandhi v. Union of India (1978)
In the Maneka Gandhi case, the Supreme Court expanded the interpretation of the right to life
and personal liberty under Article 21 of the Constitution. The Court held that the right to life
includes the right to live with dignity, which extends to women, ensuring that any state action
affecting a woman's life must be reasonable, fair, and just. This case set a precedent for broader
protection of women's rights under Article 21.
4. Brown v. Board of Education (1954)
Although this is an American case, it had a significant influence on Indian jurisprudence,
including the interpretation of Article 15 in terms of preventing discrimination. This judgment
emphasized the need to treat all women equally, especially in areas like education and
employment.
5. NALSA v. Union of India (2014)
This case was a turning point for the recognition of transgender persons' rights. The Supreme
Court ruled that the right to self-identify as male, female, or third gender falls under the right to
privacy and dignity under Article 21. This judgment further extended the scope of women’s
empowerment by recognizing the rights of transgender women.
Challenges in Achieving Women Empowerment
Despite the legal framework for women’s empowerment, several challenges persist:
. Patriarchal Societal Norms: Societal attitudes often hinder the implementation of laws
intended to empower women, as gender biases remain deeply ingrained in many sections
of society.
. Limited Access to Education and Employment: Many women, particularly in rural and
tribal areas, still face barriers to education and economic participation.
. Gender-based Violence: Despite legal safeguards, crimes like domestic violence, sexual
harassment, and dowry-related violence continue to affect women.
Conclusion
Women empowerment in India has made significant strides due to the Constitutional provisions,
legislative reforms, and judicial interventions. However, real empowerment requires societal
change alongside legal reforms. The judiciary’s role in interpreting the Constitution to promote
gender equality has been crucial in advancing women's rights. Despite progress, challenges
remain, and continued efforts are needed to ensure that women achieve their rightful place in
society, both legally and socially.