Indian Constitutional Provisions, Laws, Case Laws, And Legislations Regarding Gender Discrimination

Abstract

Gender discrimination remains a pervasive issue in India, despite significant constitutional, legal, and judicial interventions aimed at promoting equality. This abstract provides an overview of India’s legal framework addressing gender discrimination, with a focus on constitutional provisions, key statutes, and landmark case laws. The Constitution of India enshrines several provisions, including Article 14 (Equality before Law), Article 15 (Prohibition of Discrimination), and Article 39 (Equal Pay for Equal Work), which lay the foundation for gender equality. Special provisions for women, children, and other marginalized genders are further enshrined in Article 15(3) and Article 42, directing the state to make affirmative actions. India’s legislative measures, such as the Equal Remuneration Act, 1976, The Protection of Women from Domestic Violence Act, 2005, and the Sexual Harassment of Women at Workplace Act, 2013, seek to address gender-based inequality across various spheres, including employment, domestic spaces, and workplaces. Significant amendments, such as the Hindu Succession Act, 2005, have granted women equal inheritance rights, while laws like the Dowry Prohibition Act, 1961 and the Child Marriage Restraint Act, 1929 aim to curb traditional forms of discrimination. India has made significant strides in enacting laws and judicial rulings to combat gender discrimination, continued efforts are required to address societal norms, strengthen enforcement mechanisms, and ensure true equality for all genders, particularly women and gender minorities, in all aspects of public and private life.