The role and status of women in Indian society have witnessed an extraordinary transformation—from the spiritual equals of men in ancient times to subjugated figures during the medieval period, and finally to empowered individuals in modern India. This journey has not only been shaped by cultural evolution but also by the significant development of the legal framework aimed at protecting and uplifting women.
In modern India, the rights of women are safeguarded by constitutional mandates, progressive legislations, and judicial activism. The journey from the restricted social roles of ancient times to the empowered positions women hold today highlights how law, education, economic participation, and awareness have collectively changed their status.
Women in Ancient India: Revered Yet Restricted
In ancient India, women were simultaneously revered and restricted. During the Vedic period (1500–500 BCE), women enjoyed relatively higher status and were active participants in religious rituals, scholarly debates, and even political advisory roles. Texts like the Rigveda mention female sages like Gargi and Maitreyi who were held in high intellectual regard. Education was accessible, and early Vedic society permitted remarriage and divorce in some cases.
However, with the later Vedic period and subsequent emergence of rigid patriarchal norms, their status declined. Manusmriti, a prominent Dharmashastra text, laid the foundation for a male-dominated social order where women were expected to live under the authority of their father, husband, and son—at different stages of life. Child marriage, dowry practices, sati, and restrictions on widow remarriage became common. The legal rights of women were not codified but dictated by customary practices.
Inheritance rights were minimal, women could not hold property independently, and education was limited to a few upper-class women. While motherhood and domesticity were idealized, personal autonomy was deeply constrained.
Status of Women in Modern India: Empowerment Through Law and Rights
Modern India presents a very different picture. Since gaining independence in 1947, India has adopted a Constitution that guarantees equality before law (Article 14), prohibition of discrimination on the basis of sex (Article 15), and affirmative action for women and children (Article 15(3)). Legal reforms and policies have increasingly focused on gender justice, women’s safety, and socio-economic upliftment.
Key Legal Provisions Enhancing Women’s Status
- Right to Equality and Non-Discrimination
- Articles 14, 15, and 16 of the Constitution ensure equal treatment in education, employment, and public spaces.
- Protection from Violence and Abuse
- The Protection of Women from Domestic Violence Act, 2005 recognizes not just physical but also emotional, verbal, sexual, and economic abuse.
- Section 498A IPC penalizes cruelty by husband or relatives.
- The Criminal Law (Amendment) Act, 2013 widened the definitions of sexual assault, and made stalking and acid attacks punishable.
- Economic and Inheritance Rights
- The Hindu Succession (Amendment) Act, 2005 ensures daughters have equal rights in ancestral property, similar to sons.
- Maternity Benefit (Amendment) Act, 2017 provides 26 weeks of paid maternity leave.
- Reproductive and Personal Autonomy
- Women have the legal right to abortion under the Medical Termination of Pregnancy Act, now extended up to 24 weeks in certain cases (2021 amendment).
- The Prohibition of Child Marriage Act, 2006 protects girls from early marriages.
- Workplace Safety and Empowerment
- Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 requires all organizations to set up Internal Complaints Committees (ICCs).
- Reservation for women in Panchayati Raj institutions (Article 243D) has ensured political representation at the grassroots level.
- Access to Education and Digital Literacy
- Government schemes like Beti Bachao, Beti Padhao, Kasturba Gandhi Balika Vidyalaya, and Digital India have made education more accessible and focused on the girl child’s empowerment.
- Judicial Recognition of Gender Rights
- Supreme Court judgments like Vishaka v. State of Rajasthan (1997) and Joseph Shine v. Union of India (2018) (which decriminalized adultery) reflect the judiciary’s proactive role in protecting women’s rights.
Modern vs. Ancient: A Comparative Overview
| Aspect | Ancient India | Modern India |
|---|---|---|
| Education | Limited to upper-class women | Constitutional right; near-equal enrollment |
| Marriage | Early, often child marriage | Legal minimum age (18 for women) enforced |
| Divorce Rights | Rare and discouraged | Legal grounds available under multiple laws |
| Property Rights | Minimal or no inheritance rights | Equal rights under Hindu Succession Act |
| Violence Protection | No formal protection | Multiple laws protect from domestic & sexual abuse |
| Political Participation | Virtually absent | 33% reservation in local governance |
| Autonomy | Dependent on male relatives | Legal and social autonomy growing steadily |
The modern legal framework seeks to address centuries of systemic inequality and offers tools for empowerment. However, real change also depends on societal attitudes, education, and consistent enforcement.
Challenges Still Persist
Despite significant legal strides, Indian women still face multiple challenges:
- Gender-based violence and underreporting of crimes.
- Wage gaps and lower workforce participation.
- Societal resistance to inter-caste or inter-faith marriages.
- In rural and tribal regions, patriarchal customs still dominate.
Therefore, while the status of women has legally transformed, full realization of their rights requires societal reform, grassroots education, and effective implementation of laws.
Mnemonic to Remember – “WOMEN RISE”
To remember key modern legal advancements supporting women, use:
- W – Workplace safety laws (POSH Act, 2013)
- O – Ownership rights in property (HSA Amendment, 2005)
- M – Maternity benefits (26 weeks under MB Act)
- E – Education and equality under Article 14 & 15
- N – Non-discrimination in employment (Article 16)
- R – Reproductive rights (MTP Act amendments)
- I – Inheritance equality for daughters
- S – Sexual harassment protection
- E – Empowerment through representation (Panchayat quota)
