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April to June 2026 Article ID: NSS9908 Impact Factor:8.05 Cite Score:22 Download: 0 DOI: https://doi.org/ View PDf
Women's Legal Status & Rights in the Indian Constitution: A Constitutional and Legislative Analysis
Dr. Najneen Khan
APSU University, Rewa (M.P.)Dr. Nirmal Kumar Pagariya
Retd. Professor, Indore Law College, Indore (M.P.)
Abstract: The Indian Constitution, adopted on 26 November
1949, stands as one of the most progressive constitutional documents in the
world with respect to gender equality. This paper examines the constitutional
and legislative framework governing the legal status and rights of women in
India, tracing the provisions embedded in the Fundamental Rights (Part III),
the Directive Principles of State Policy (Part IV), and the Fundamental Duties
(Part IVA). It analyses key parliamentary legislation enacted to give effect to
constitutional guarantees, including the Protection of Women from Domestic
Violence Act 2005, the Sexual Harassment of Women at Workplace Act 2013, the
Hindu Succession (Amendment) Act 2005, and the Nari Shakti Vandan Adhiniyam
2023. The paper further surveys landmark Supreme Court judgments that have
progressively expanded the scope of women's rights through creative
constitutional interpretation. A critical assessment of challenges encompassing
socio-cultural barriers, implementation gaps, economic dependence, and
intersecting disadvantages of caste and class reveals that despite a robust de
jure framework, de facto equality remains elusive for millions of Indian women.
The paper concludes with targeted recommendations for bridging the enduring gap
between constitutional promise and social reality.
Keywords: Indian Constitution,
women's rights, gender equality, Fundamental Rights, Directive Principles,
landmark judgments, women's reservation, implementation gap.
