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Feminization Of Poverty In India: Legal Gaps In Addressing Gendered Economic Inequality




Reham Fatima, Bennett University

Aryan Thakur, Bennett University


ABSTRACT


Poverty in India has increasingly taken a gendered character where women face deeper economic deprivation as compared to men. This phenomenon is described as feminization of poverty but it is not just the result of social disadvantage but is closely related to law and policy structure access to work, property, and welfare. This paper examines how despite strong constitutional guarantees and judicial interpretations, legal frameworks in India fail to address the gendered economic inequality in practice. Drawing on various provisions, laws, and welfare schemes, the paper argues that the problem is not in the absence of laws but rather than in its limited gender-sensitive application and weak enforcement.


The paper highlights how poverty measurement and welfare delivery is household centric which doesn't give women an independent economic agency. It analyses the gap between formal equality in inheritance and labour laws, and the lived realities of women, particularly those in informal work. While it acknowledges certain institutional success, it also shows that they haven't been sufficient to reverse structural economic disadvantage. Ultimately, the paper contends that feminized poverty persists because law continues to treat women as dependents. It concludes by providing the recommendation of shifting from welfare-based approach to a legal framework which is justice oriented so that it recognizes women's economic rights as central to all the other constitutional guarantees.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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