As we commemorate International Women’s Day, it’s imperative to delve into the constitutional and legal frameworks that uphold and protect the rights of women in India. From landmark Supreme Court verdicts to pivotal legislative acts, the journey towards gender equality and women’s empowerment is multifaceted and evolving. Let’s embark on a journey to explore the constitutional and legal rights for women, alongside relevant Supreme Court verdicts that have shaped their implementation and interpretation.
Rights for Women in Constitutional and Legal Framework:
In India, women are endowed with several rights enshrined in the Constitution and supported by various laws. These rights include the right to maintenance, equal pay, dignity and decency, protection against domestic violence, rights at the workplace, right against dowry, access to free legal aid, self-defense, and more. Each of these rights is crucial for ensuring women’s empowerment and safety in various spheres of life.
Laws in India for Women:
The legal landscape in India is fortified with legislation aimed at protecting women’s rights. Key acts such as the Protection of Women from Domestic Violence Act, 2005; The Dowry Prohibition Act, 1961; The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013; The Maternity Benefit Act, 1961; and others play a pivotal role in addressing issues ranging from domestic violence to workplace harassment and ensuring women’s reproductive rights.
| Constitutional Right | Relevant Supreme Court Verdict |
| Right to Equality | Vishaka v. State of Rajasthan (1997) – Addressed sexual harassment at workplace, laying down guidelines for prevention and redressal. |
| Right to Life and Dignity | Suchita Srivastava v. Chandigarh Administration (2009) – Upheld a woman’s right to terminate pregnancy if it poses a risk to her mental or physical health. |
| Right against Discrimination | Anuj Garg v. Hotel Association of India (2008) – Prohibited gender-based discrimination in employment. |
| Right to Property | Danamma @ Suman Surpur v. Amar (2018) – Affirmed the equal right of daughters in ancestral property under the Hindu Succession Act. |
| Right to Freedom of Speech and Expression | Indian Young Lawyers Association v. State of Kerala (2018) – Upheld the right of women of all ages to enter and worship in the Sabarimala Temple. |
| Legal Right | Relevant Supreme Court Verdict |
| Right to Maintenance | Chanmuniya v. Virendra Kumar Singh Kushwaha (2011) – Recognized the right of Hindu women in live-in relationships to maintenance. |
| Right to Equal Pay | Anuj Garg v. Hotel Association of India (2008) – Reinforced equal pay for equal work, prohibiting gender-based discrimination in employment. |
| Right to Dignity and Decency | Vishaka v. State of Rajasthan (1997) – Laid down guidelines for prevention and redressal of sexual harassment at the workplace. |
| Right against Domestic Violence | Indra Sarma v. VKV Sarma (2013) – Expanded the definition of “shared household” under the Protection of Women from Domestic Violence Act. |
| Right at Workplace | Vishaka v. State of Rajasthan (1997) – Addressed sexual harassment at the workplace, setting guidelines for prevention and redressal. |
| Right against Dowry | The Dowry Prohibition Act, 1961, prohibits the dowry system. While not directly related to a specific Supreme Court verdict, the law aims to protect women from dowry demands, harassment, and abuse. |
| Right to Free Legal Aid | Under the Legal Services Authorities Act, 1987, women have the right to free legal aid. While there isn’t a specific Supreme Court verdict associated, the act ensures access to justice for women who cannot afford legal support. |
| Right to Self-Defense | Under Section 100 of the Indian Penal Code, every person, including women, has the right to self-defense. While not tied to a particular verdict, this right is inherent in the legal framework. |
| Right to Medical Termination of Pregnancy | Suchita Srivastava v. Chandigarh Administration (2009) – Upheld a woman’s right to terminate pregnancy if it poses a risk to her mental or physical health. |
Current Scenario:
Despite the existence of these laws, challenges persist in their implementation due to various factors such as lack of awareness, societal norms, and weak enforcement mechanisms. Women continue to face discrimination, violence, and obstacles in accessing their rights. However, ongoing efforts by activists, policymakers, and civil society organizations are striving to address these challenges and create a more equitable society for women.
Championing Women’s Rights for a Brighter Future
The constitutional and legal rights for women in India stand as beacons of hope and progress. Through landmark Supreme Court verdicts and progressive legislation, strides have been made to address discrimination, violence, and inequality faced by women. However, challenges persist, and concerted efforts are needed to ensure the effective implementation of these rights and laws. As we celebrate Women’s Day, let’s renew our commitment to advancing the rights and dignity of every woman in India, creating a future where equality and empowerment reign supreme.
Source- LexisNexis
