Critical Analysis on the Development and Advancement of Laws for Protection of Women in Indian Society

Abstract

This paper explores the evolution of legal and social frameworks aimed at safeguarding women's rights in India, highlighting both advancements and persisting deficiencies in the quest for gender equality. Since the attainment of independence, the issue of gender equality has remained a focal point both domestically and internationally, with reformist sentiments resonating throughout history. As Swami Vivekananda aptly observed, “There is no chance for the welfare of the world unless the condition of women is improved; a bird cannot fly on only one wing.” This perspective is underscored by the United Nations Human Development Report (2019), which ranks India 129th in the medium human development category, signaling ongoing disparities in crucial areas impacting women's empowerment.

Recent developments, such as the Indian Supreme Court's endorsement of women's eligibility for high-ranking military roles, as noted by the World Economic Forum, indicate incremental strides toward achieving gender parity. Nevertheless, this paper seeks to critically assess the underlying motivations, legal provisions, and inherent limitations of the current legislative framework designed to protect women. It scrutinizes whether these laws adequately encompass essential protections and identifies potential avenues for legislative misuse or oversight. Despite numerous initiatives since independence, the realization of genuine gender equality remains an unresolved challenge, necessitating a thorough examination of the cultural and ideological forces that perpetuate inequality.

To facilitate this analysis, the paper organizes the evolution of women's protection laws into four distinct historical phases: Vedic (Ancient), Medieval, Modern, and Contemporary. A comprehensive analysis of these phases reveals the socio-legal transformations that have influenced women's rights, tracing contemporary legal frameworks back to their historical roots. This contextual understanding is vital for evaluating the foundations of existing legal protections and pinpointing areas that require further reform. In particular, the paper assesses laws governing property rights and general protections for women, offering well-founded recommendations derived from an evaluation of their effectiveness and limitations.