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Trending: Call for Papers Volume 5 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]

A SOCIO-LEGAL STATUS OF WOMEN IN CONTEMPORARY SOCIETY AND ITS IMPLEMENTATION: PROGRESS, CHALLENGES, MYTH OR REALITY – Dr. Kavita Devi & Dr. Rakesh Lal Shah

ABSTRACT

This research paper investigates the socio-legal status of women in contemporary society and evaluates whether the legal frameworks in place have effectively translated into social progress. The paper explores key developments, persistent challenges, and the gap between law and reality. By critically analyzing implementation mechanisms, societal attitudes, and global trends—with a focus on India—the research addresses whether gender equality remains a constitutional promise or a lived reality.

Empowerment of women is the symbol or indication of prosperity, development or advancement of Human Society. The people’s power, women power is the totality of democracy. It is sure that a generation of great men is incomplete without the generation of empowered women. Women have to be empowered to have control over their own lives to better their socio-economic and political condition. Thus, women empowerment can be interpreted as totality of empowerment including political, social, cultural and other dimension of human life as also physical, moral and intellectual. The constitution of India secures to all persons right to equality and opportunity and promote among them all, justice of social economic and political and secure to liberty, dignity and fraternity among men and women. In the pursuance of constitutional mandate the govt. has enacted several laws and acts for women empowerment. But due to lack of education poverty, unawareness and orthodox thinking of society these effort could not get success as desired. Women are still victimized of cruelty, sexual harassment and slavery etc. for many years. They are not only out of the house but also insecure in the house and still suffering from the ideology of the male dominated society. The situation of women is still pathetic and they are just only treated as a property. Hence women empowerment in India is not possible unless orthodox tendency and violence against women have eradicated from the society. Empowerment of women is essential as their value systems lead to development of a good family, good society and good nation.

INTRODUCTION

India is a democratic and social welfare country. It prohibits inequality. The preamble of our constitution secures to all citizen of India, Equality – of status and of opportunity and to promote among them all, Justice – social economic and political, Liberty – of thoughts expression, belief, faith and worship, Fraternity – Assuring the dignity of individual and the unity and integrity of the nation. Article 14 of our constitution secure to all persons, right to equality. This article provides that ‘The state shall not deny to any person equality before the law or equal protection of the laws within the territory of India. As Dr. Jennings puts its : “Equality before the law” means that among equals the law should be equal and should be equally administered, that like should be treated alike.1 As such this right considered generally a negative right of an individual not to be discriminated in access to public offices or places or in public matters generally. It did not take account of existing inequalities arising even from the public policies and exercise of public power.

Women’s rights have been a focal point of global human rights discourses for decades. While constitutional provisions, international conventions, and statutory laws aim to establish gender equality, the practical realization of these rights remains questionable. Despite significant legal and institutional progress, women continue to face discrimination, violence, and inequality across social, economic, and political spheres.

The constitution of India has provided right to equality in certain matters from article 15 to 18. Article 15 of our constitution provides the prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth. This article states that the state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. Article 16 of the constitution provides equality of opportunity in matters of public employment. This article state that no citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them be ineligible for or discriminated against in respect of any employment or office under the state. Article 39 of the constitution provides: The state shall in particular direct its policy towards securing : (a) That the citizen, men and women equally, have the right to an adequate means of livelihood. (b) That there is equal pay for equal work for both men and women. (c) That health and strength of workers, men and women and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength. But in spite of above the state can formulate any legal provisions relating to women. The constitution of India has empowered to state for making any special law for women and their advancement i.e. women empowerment.2 The women empowerment in India is a pre-independence concept. Empowerment refers to  increasing the spiritual,  political,  social or economic strength of individuals and communities. It often involves the empowered developing confidence in their own capacities.

The goal and objectives of Empowerment of women policy is to bring about the advancement, development and empowerment of women. The policy will be widely disseminated so as encourage active participation of all stakeholders for achieving its goals. Specifically, the objectives of this policy includes –

  • Creating an environment through positive economic and social policies for full development of women to enable them to realize their full potential.
  • The de-jure and de-facto enjoyment of all human rights and fundamental freedom by women on equal basis with men in all spheres – political, economic, social, cultural and civil.
  • Equal access to participation and decision making of women in social, political and economic life of the nation and
  • Equal access to women to health care, quality education at all levels, career and vocational, guidance, employment, equal remuneration, occupational health and safety, social security and public office etc.

Equal access to women to health care, quality education at all levels, career and vocational, guidance, employment, equal remuneration, occupational health and safety, social security and public office etc.