Protection of Women’s Rights in India: Legal Framework

Advocate Y Babji

India’s commitment to gender justice is firmly rooted in its Constitution and reinforced through a wide range of legislations aimed at protecting the rights, dignity and safety of women. Over the decades, the Indian legal system has evolved from viewing women’s issues as private or domestic concerns to recognizing them as matters of fundamental rights, public justice and human dignity.

Despite the existence of strong laws, lack of awareness remains a major challenge. Understanding the legal framework is therefore essential not only for women seeking protection, but also for employers, institutions, families and society at large.

Constitutional Foundation of Women’s Rights

The Constitution of India provides the bedrock for women’s rights and equality. It does not merely promise formal equality but empowers the State to take affirmative action in favour of women.

• Article 14 guarantees equality before the law.
• Article 15 (1) prohibits discrimination on grounds of sex
• Article 15 (3) allows special provisions for women.
• Article 16 ensures equality of opportunity in public employment.
• Article 21, interpreted expansively by courts, includes the right to live with dignity, privacy and bodily autonomy.
• Article 39 (d) mandates equal pay for equal work.
• Article 42 directs the State to provide maternity relief and humane working conditions.

These constitutional guarantees have guided courts in interpreting women-centric laws and expanding their scope. Yes. Indian laws are generally considered favorable to women.

Criminal Laws Protecting Women

With the enactment of the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the Indian Penal Code (IPC), offences against women have been consolidated with updated terminology and enhanced sensitivity.

Key provisions include:

• Section 69: Sexual harassment, covering unwelcome physical contact, sexual demands, pornography and sexually coloured remarks.
• Section 74: Assault or criminal force intended to outrage the modesty of a woman.
• Section 76: Stalking, including repeated physical following and cyberstalking.
• Section 79: Words, gestures or acts intended to insult the modesty of a woman.
• Sections 63–71: Sexual offences including rape and aggravated rape.
• Section 85: Cruelty by husband or relatives.
• Section 108: Trafficking of persons.
• Section 140: Dowry death.

These provisions ensure criminal accountability and serve as a strong deterrent against gender-based violence.

Workplace and Employment Protection Laws

One of the most significant developments in women’s rights has been the recognition of workplace safety as a legal right with the enactment of PoSH Act, 2013.

PoSH Act, i.e. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provides a civil mechanism to prevent and address workplace sexual harassment. It mandates:

• Constitution of Internal Complaints Committees (ICC)
• Time-bound inquiry
• Interim relief and disciplinary action
• Employer responsibility for prevention and awareness

The Act applies to government, private, organised and unorganized sectors, including virtual workplaces and domestic workers.

Other Employment Laws that are in place are -

• Maternity Benefit Act, 1961 (Amended 2017) provides for paid maternity leave, nursing breaks and crèche facilities.
• Equal Remuneration Act, 1976 guarantees equal pay for equal work.
• Factories Act, 1948 ensures safety, night work regulation and welfare provisions for women.
• Industrial Employment (Standing Orders) Act, 1946 recognizes sexual harassment as misconduct.

Together, these laws promote dignity, equality and economic security for working women.

Family and Personal Laws

Women’s rights within the family structure are protected through multiple legislations addressing marriage, maintenance, violence and dignity.

• Protection of Women from Domestic Violence Act, 2005 covers physical, emotional, sexual and economic abuse and provides civil remedies such as protection orders and residence rights.
• Dowry Prohibition Act, 1961 criminalizes the giving or taking of dowry.
• Hindu Marriage Act, 1955 provides divorce, maintenance and custody rights.
• Muslim Women (Protection of Rights on Marriage) Act, 2019 criminalizes instant triple talaq.
• Special Marriage Act, 1954 deals with secular marriage law ensuring rights irrespective of religion.
• Maintenance and Welfare of Parents and Senior Citizens Act, 2007 protects elderly women from neglect.

These laws recognise that violence and discrimination often occur within private spaces and require legal intervention.

Protection of Children and Young Girls

Girls face heightened vulnerability, necessitating special protection. For this, the laws available are -

• Protection of Children from Sexual Offences (POCSO) Act, 2012. It is a comprehensive criminal law protecting children below 18 from sexual offences, with mandatory reporting and special courts.
• Prohibition of Child Marriage Act, 2006. It declares child marriage illegal and punishable.
• Juvenile Justice (Care and Protection of Children) Act, 2015. It safeguards girl children in need of care and protection.

These laws adopt a child-centric approach, prioritizing welfare and rehabilitation.

Social Justice and Welfare Legislations

Certain laws address systemic discrimination and social evils affecting the women.

• PCPNDT Act, 1994 prevents sex-selective abortions and female foeticide.
• Immoral Traffic (Prevention) Act, 1956 prevents trafficking and sexual exploitation.
• Medical Termination of Pregnancy Act, 1971 (Amended 2021) recognizes women’s reproductive autonomy and safe abortion rights.
• Legal Services Authorities Act, 1987 provides free legal aid to women, irrespective of income.

These statutes aim to correct deep-rooted societal biases.

Cyber and Media-Related Protection

With the digitalization of life and work, new forms of harassment have emerged. To address them, the available laws are -

• Information Technology Act, 2000. It addresses cyberstalking, online abuse, identity theft and circulation of obscene content.
• Indecent Representation of Women (Prohibition) Act, 1986. It prohibits indecent portrayal of women in advertisements, publications and media.

These laws extend protection into virtual spaces, recognizing evolving threats.

Political and Economic Empowerment

Legal empowerment is incomplete without representation and participation in polity.

• 73rd and 74th Constitutional Amendments provide reservation for women in Panchayats and Municipalities.
• Women’s Reservation Act, 2023 (Nari Shakti Vandan Adhiniyam) mandates 33% reservation for women in Lok Sabha and State Legislative Assemblies.
• National Commission for Women Act, 1990 establishes a statutory body to safeguard women’s rights and recommend policy reforms.

These measures strengthen women’s voices in governance and decision-making.

Labour and Social Security Laws

Women in unorganized and informal sectors are also protected through:

• Unorganized Workers’ Social Security Act, 2008
• Building and Other Construction Workers Act, 1996
• Code on Social Security, 2020, which integrates maternity benefits and social security provisions.

These laws aim to provide economic stability and social protection.

Conclusion

India’s legal framework for protecting women’s rights is comprehensive, progressive and constitutionally grounded. From criminal law and workplace safety to family protection, cyber security and political empowerment, the law recognizes that gender justice is central to democratic governance.

However, laws alone are not sufficient. Awareness, accessibility, implementation and accountability are equally vital. Every employer, institution, public authority and citizen has a role in ensuring that these laws translate into realities.

A safe, equal and dignified environment for women is not a concession. It is a constitutional mandate and a human right. Legal awareness is the first step towards real empowerment.