The following article is attributed to Harita Mehta, Advocate, High Court and Supreme Court
The discourse on women’s rights has evolved significantly over the past century, yet the journey toward equality remains far from complete. Laws have played a pivotal role in shaping opportunities, safeguarding dignity, and amplifying women’s voices. From the right to vote and access to education, to protection against violence and workplace discrimination, legislative frameworks have been central to women’s empowerment. However, persistent gaps in enforcement, awareness, and cultural attitudes highlight the road still ahead.
Progress through Legal Frameworks
Globally, women’s rights have seen landmark progress through law. The 20th century witnessed women gaining suffrage in most democracies, with New Zealand pioneering the movement in 1893 and Saudi Arabia becoming one of the last in 2015. In India, women secured the right to vote in 1950, making them equal stakeholders in democracy from its inception.
Legislation has also targeted social evils and structural inequalities. For instance, India outlawed dowry through the Dowry Prohibition Act (1961) and criminalized domestic violence via the Protection of Women from Domestic Violence Act (2005). Similarly, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act (2013), widely known as the POSH Act, was a critical step to safeguard women’s dignity at work.
Internationally, conventions like CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women, 1979) established a global benchmark, pushing nations to adopt progressive laws. The global momentum around the #MeToo movement further reinforced that legal reform must go hand in hand with societal change.
Persistent Challenges
Despite these strides, women continue to face systemic barriers. According to UN Women, nearly 1 in 3 women worldwide has been subjected to physical or sexual violence, often by an intimate partner. In India, the National Crime Records Bureau (NCRB) reported over 445,000 crimes against women in 2022, a rise of 6% from the previous year. This reflects not only the prevalence of violence but also the challenges of law enforcement.
Economic inequality further exacerbates the issue. The World Economic Forum’s Global Gender Gap Report 2024 ranked India 129th out of 146 countries, with particularly low scores in economic participation and opportunity. Women make up nearly 49% of India’s population, but their labor force participation hovers around 24% (World Bank, 2023). Legal safeguards exist, but barriers like unequal pay, lack of maternity benefits in smaller firms, and informal sector vulnerabilities limit their impact.
Representation in governance also tells a similar story. While the Women’s Reservation Bill (2023) promises 33% reservation in the Lok Sabha and state assemblies, the current representation of women in the Indian Parliament is only 14.9%, far below the global average of 26.9% (Inter-Parliamentary Union, 2023).
The Road Ahead
The way forward requires a multipronged approach. First, stronger implementation mechanisms are critical. Laws are only as effective as their enforcement, and fast-track courts, better police training, and gender-sensitization campaigns are essential to close the gap between policy and practice.
Second, greater awareness and accessibility are needed. Many women, especially in rural areas, remain unaware of their legal rights. Grassroots-level legal literacy campaigns, coupled with technology-enabled helplines, can make justice more accessible.
Third, economic empowerment must be at the core of legal reforms. Policies that incentivize women’s workforce participation—such as affordable childcare, flexible working arrangements, and stringent pay parity laws—can significantly bridge the gender gap.
Lastly, cultural change must accompany legal frameworks. Laws alone cannot dismantle centuries-old biases. Educational reforms that promote gender equality from a young age, media representation of women as leaders, and men’s active involvement in conversations about rights are key to shifting societal mindsets.
Conclusion
Women’s rights and the law represent one of the most significant human rights movements of our time. While progress is undeniable, challenges persist in enforcement, economic equity, and representation. The future lies in creating not just legal frameworks, but ecosystems where laws are accessible, enforced, and culturally reinforced. Equality is not merely a constitutional promise; it must become a lived reality. The road ahead is long, but with sustained legal, societal, and economic reforms, it can lead to a truly inclusive tomorrow.
