Legal Status, Rights and Challenges of Women in India: A Constitutional and Socio-Legal Analysis

Abstract

Women in India occupy a unique position within its constitutional and legal framework. While the Indian Constitution guarantees equality and non-discrimination (Articles 14, 15, 16) and provides special provisions for women’s welfare (Articles 15(3), 39(d), 42, 51A(e)), social, economic and cultural challenges continue to undermine these rights. This paper examines the historical trajectory of women’s status from the Vedic period to the present, analyzing how cultural norms, religion and socio-political developments have shaped women’s roles. It outlines key legal protections such as the Dowry Prohibition Act, Maternity Benefit Act, Domestic Violence Act, Sexual Harassment laws and others. The paper discusses women’s position in the family, access to education, employment, property and political representation, including reservations. It critically reviews state initiatives, persistent discriminatory laws (e.g., inheritance laws, marital rape exemption) and safety concerns, supported by statistical data. Additionally, it addresses misuse of protective provisions, such as Section 498A IPC and the social consequences of false complaints. By combining constitutional analysis, statutory review and socio-legal critique, the paper argues for stronger implementation, legal reforms, gender-sensitive policies and education to ensure true equality and safety for women.