Roles and Rights of Women
The roles of women in India have undoubtedly changed dramatically over time with both historical contexts and constitutional provisions. From ancient traditions to modern legal frameworks, the journey of women’s rights in India reflects the complex interplay between culture, politics, and social reform movements. The following piece of information contains the historical context of women’s empowerment and how Indian law has supported women’s upliftment.
Historical Context: Women in Ancient and Medieval India
Societal traditions and religious rituals played a major role in defining the roles of women in ancient India. Despite some evidence in ancient literature that seems to denote a relatively high place for women in society notably the presence of important female figures in the religious and philosophical realms-the subsequent centuries saw their social position deteriorate. During this time, feudalism and patriarchal societies oppressed women as they could not enjoy education, free mobility, and economic freedom.
Practices like Sati (immolation of widows) and Purdah spread far and wide, again relegating women’s lives solely to the domestic sphere. Yet with the social reform movements that sprouted up in India in the 19th century under leaders like Raja Ram Mohan Roy and Ishwar Chandra Vidyasagar who demanded education for women, widow remarriage, and abolition of certain traditions, came the first formal efforts at Women’s Emancipation in India.
Constitutional Provisions for Women in India
Since India gained independence in 1947, the Constitution of India, which was established in 1950, began making provisions to bring equality and opportunities for women as well. India’s Constitution affords several fundamental provisions focusing on safeguarding rights along with fostering gender equality among women:
- Fundamental Rights (Article 14, 15, 16, 21): The Constitution guarantees a level playing field before the law Article 14 and does not allow discrimination on the grounds of sex (Article 15). Women have a right to equal opportunity in public employment and their rights to life and personal liberty have been safeguarded with dignity and freedom from exploitation Article 21.
- Directive Principles of State Policy: The Directive Principles enumerate the welfare of women. These include equal pay for equal work (Article 39d), protection of motherhood and childhood (Article 42), and social and economic justice which should benefit women.
- Special Provisions: The Constitution has empowered the state to make a special provision by virtue of women and children, which will override historical inequalities as a matter of course to better their lot.
Also, apart from constitutional provisions, there are other laws enacted in India to curb inequality based on gender, along with the Protection of Women from Domestic Violence Act of 2005 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act enacted in 2013 and the Maternity Benefit Act passed in 1961, all offering legal cloak for women’s rights.
While the historical context of India delineates a long struggle for gender equality, what needs emphasis is that the Constitution and subsequent legal reforms have provided the legal framework to protect and enhance women’s rights. Though lots of issues prevail today, legal recognition of women’s rights marks a critical step toward the ongoing struggle for the cause of justice in India.
