Indian Knowledge System And Women: A Journey Towards Access To Justice And Empowerment

Neha Kumari, Ph.D. Scholar at Faculty of Law, University of Delhi.

ABSTRACT

The historical development of women's rights and their access to justice is a complex narrative marked by significant milestones and persistent barriers. In many societies, including India, the evolution of women's rights has been deeply influenced by social, cultural, and legal transformations. Traditionally, women’s roles were often confined to domestic spheres, with limited legal rights or access to justice. In ancient societies, women’s status was shaped by cultural and religious norms that often restricted their autonomy. For example, in ancient Hindu texts, women's rights were defined in relation to their duties as wives and mothers, with limited emphasis on individual legal rights. The introduction of various laws, such as the Commission of Sati (Prevention) Act, 1987, Dowry Prohibition Act,1961, Indecent Representation of women (Prohibition) Act, 1986, the Protection of Women from Domestic Violence Act, 2005 etc., aimed to address specific issues affecting women. Despite these legal advancements, the effectiveness of such laws has often been hindered by social attitudes and inadequate implementation and women continue to face significant barriers in accessing justice. Socio-cultural norms, systemic biases, and inadequate legal infrastructure often impede women's ability to seek justice. This paper examines how traditional knowledge systems and practices impact women's rights advancing gender equality. It discusses contemporary efforts to integrate traditional knowledge with modern legal frameworks to address issues of justice, including reform initiatives at grassroots level. By analyzing historical contexts and contemporary legal frameworks, this paper aims to provide insights into how leveraging IKS can foster more inclusive and effective pathways towards women's empowerment and access to justice in India.

Keywords: Access to Justice, Women’s Rights, Legislative Reforms, Legal Frameworks.