Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

GENDER EQUALITY AND LEGAL RIGHTS IN INDIA

📄 Download Full PDF

Cite this Article

Mahek Thacker (2026). GENDER EQUALITY AND LEGAL RIGHTS IN INDIA. The Indian Journal for Research in Law and Management, Volume III(Issue 9). Retrieved from https://ijrlm.com/journal/gender-equality-and-legal-rights-in-india/

Abstract

India has one of Asia’s most extensive legal frameworks for gender equality, anchored in its Constitution and supported by a multitude of statutes. Articles 14–16 and 21 of the Constitution guarantee formal equality, non-discrimination, and the right to dignity and personal liberty, while Article 15(3) explicitly sanctions affirmative action for women and children. Directive Principles (Arts. 39(a),(d),42) further direct the state to secure equal livelihood, equal pay for equal work, and maternity relief. Over decades, Parliament has enacted broad legislation and recent reforms like the Bharatiya Nyaya Sanhita (2023), which groups offences against women and children under one chapter. Landmark judgments (e.g. Vishaka 1997 , Joseph Shine 2018 , Navtej Singh Johar 2018 , Shayara Bano 2017 , NALSA 2014 , among others) have expanded the right to privacy, non-discrimination, inheritance and sexual autonomy. Despite this robust design, significant gaps persist between law and reality. Enforcement is uneven, Crimes Against Women remain high (448,211 total in 2023) , with dowry deaths and domestic violence dominant. Women’s labor-force participation and political representation remain low (15% in Parliament) , and social norms often undermine statutory rights. Intersectional factors, like caste, class, region, further disadvantage women. Emerging issues include debates over “misuse” of women-only laws, men’s rights vis-à-vis gender-specific protection, and tensions in reforming personal laws. At the same time, legal recognition of LGBTQ+ and transgender rights has advanced (decriminalization of homosexuality and NALSA ), creating new legal and social questions. This paper provides an in-depth analysis of India’s gender equality laws and their impacts. It reviews constitutional provisions, key statutes, judicial interpretations, data on enforcement, and the status of specific communities. It highlights both progress and persistent challenges, and suggests reforms. An appendix outlines our methodology of doctrinal review and empirical data sources.

Journal Information

The Indian Journal for Research in Law and Management
ISSN No.
2583-9896
Submit Manuscript
Licensing
All research articles published in The Indian Journal for Research in Law and Management are fully open-access. i.e. immediately freely available to read, download, and share. Articles are published under the terms of a Creative Commons license, which permits use, distribution, and reproduction in any medium, provided the original work is properly cited.
Disclaimer
The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJRLM or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJRLM.

Article Analytics

14
Page Views
1
Downloads