Breaking Patriarchal Barriers: The Role Of Courts In Advancing Married Women's Constitutional Rights In The Domestic Sphere In India
- IJLLR Journal
- Jun 13
- 1 min read
Remya R, Research Scholar, Government Law College, Thiruvananthapuram.
ABSTRACT
The domestic realm has traditionally been understood as a private space protected from legal scrutiny and defined largely by patriarchal rules. Women have historically faced prejudice in marriage with respect to physical autonomy, reproductive choice, property rights, maintenance, domestic labour, domicile and protection from assault. These disparities were sought to be corrected by legislative reforms and judicial involvement has played an important role in changing the constitutional position of married women in India. Progressive judicial interpretations of Articles 14, 15, 19 and 21 of the Constitution have led the courts to broaden the scope of equality, dignity, privacy and autonomy within the institution of marriage.
This doctrinal study examines the role of judicial intervention in advancing the constitutional rights of married women within the domestic sphere in India. Through an analysis of constitutional provisions, statutory frameworks, and landmark judicial decisions, the article argues that the judiciary has played a transformative role in dismantling patriarchal structures and extending constitutional protections into family relations. The study concludes that while judicial activism has significantly advanced women's rights, achieving substantive equality requires complementary legislative reforms and broader social transformation.
