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Wednesday 9 October 2024

Women Empowerment in India: Legislative Milestones and Judicial Support

  Women empowerment is a multifaceted concept that encompasses the social, economic, political, and legal rights of women. In India, recent legislative measures and Supreme Court judgments have significantly advanced this cause, aiming to rectify historical inequalities and promote gender justice.

 Legislative Developments

 Women’s Reservation Bill, 2023

On September 21, 2023, the Indian Parliament passed the Women’s Reservation Bill, marking a historic milestone in the journey toward gender equality. This legislation mandates that 33% of seats in the Lok Sabha (the lower house of Parliament) and state legislative assemblies be reserved for women. The bill received overwhelming support, passing with only two votes against it. This legislative change is crucial as it aims to increase women's representation in politics, where currently only 14% of Lok Sabha members are women—significantly below the global average of 26.5%.

The bill's passage is seen as a transformative step toward equitable governance. Asha Bajpai, a law professor at the Tata Institute of Social Sciences, emphasized that this law will enable greater participation of women in policymaking, ensuring that a significant portion of the population has a voice in governance . The legislation is set to come into effect after the next census is conducted and will remain in force for 15 years.

Other Key Legislative Initiatives

In addition to the Women’s Reservation Bill, several other laws have been enacted to promote gender equality:

- Protection of Women from Domestic Violence Act (2005): Provides legal recourse for women facing domestic abuse.

- Sexual Harassment of Women at Workplace Act (2013): Establishes mechanisms to address workplace harassment.

- Panchayati Raj Institutions: The 73rd Amendment mandates that one-third of seats in local governance bodies be reserved for women, significantly increasing their representation at the grassroots level.

These legislative efforts reflect a broader commitment to women's empowerment across various sectors.

Judicial Support

The Supreme Court of India has played a vital role in advancing women's rights through landmark judgments:

1. Shayara Bano Case (2017): The Court declared the practice of instant triple talaq unconstitutional, reinforcing women's rights within marriage.

2. Navtej Singh Johar Case (2018): Decriminalized consensual same-sex relationships, promoting inclusivity and protecting LGBTQ+ rights.

3. Vishaka Guidelines (1997): Established guidelines for preventing sexual harassment at workplaces.

These rulings underscore the judiciary's role in upholding women's rights and promoting gender justice.

 Conclusion

The journey toward women empowerment in India has gained momentum through recent legislative measures like the Women’s Reservation Bill and supportive judicial rulings. These developments not only aim to increase women's representation in politics but also address various social and economic challenges faced by women. As India moves forward with these initiatives, it sends a strong message that gender equality is not just an aspiration but an achievable goal.



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