• 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.