A Study Of The Indian Judiciary And The Constitutional Protection Of Women’s Rights
- IJLLR Journal
- Nov 20
- 1 min read
Prof. Gopal Prasad, Professor, Department of Political Science, Deen Dayal Upadhyaya Gorakhpur University, Gorakhpur
Arya Verma, Research Scholar, Department of Political Science, Deen Dayal Upadhyaya Gorakhpur University, Gorakhpur
ABSTRACT
The paper is a overall study of Indian judiciary’s vital role in safeguarding and advancing women’s constitutional rights through the principle of judicial review, through which courts preserve fundamental rights to counter the actions of legislature and executive.It critically examines the breakthrough Supreme Court and High Court judgments such as Visakha and Shayara, which have significantly influenced legal interpretations related to gender equality, non-discrimination, and women’s empowerment. These rulings have challenged entrenched patriarchal norms and spurred judicial actions which exceed traditional legislative rules to promote social justice for women. The study also explores provisions in the constitution such as Articles 14, 15, and 16, along with relevant statutes aimed at preventing discrimination, violence, and harassment against women. Using doctrinal research and case law analysis, the paper discusses the tension between judicial activism and judicial restraint, highlighting challenges such as procedural delays, inconsistent judicial reasoning, and societal biases that obstruct availability of rights and justice for women. Additionally, it investigates the growing importance of public interest litigation in enhancing women’s legal protections. In the final paragraph this paper gives recommendations of judicial reforms, including strengthening judicial infrastructure, improving transparency and accountability, promoting gender sensitization, and fostering better collaboration between the judiciary, legislature, and civil society. These measures are essential to ensuring that judicial protection of women’s constitutional rights becomes more consistent, accessible, and impactful in India’s complex socio-legal landscape.
Keywords: Indian Judiciary, Women’s Rights, The Constitution of India, Judicial Review, Gender Equality, Fundamental Rights.
