Role Of Judiciary In Protecting Women’s Rights In India: A Socio-Legal Perspective
- IJLLR Journal
- 8 minutes ago
- 1 min read
U. Saranya, M.A. Sociology, (UGC- NET), Assistant Professor of Sociology, SKP Law College, Tiruvannamalai
ABSTRACT
This article provides a comprehensive, multi-dimensional sociological and legal analysis of the role of the Indian Judiciary in protecting and expanding women’s rights. Against a historical backdrop of deeply entrenched patriarchal structures, institutionalized gender stratification, and complex intersections of religious personal laws, the judiciary has emerged as a crucial yet contested arena for gender justice.
By analysing pivotal landmark judgments ranging from the early procedural shifts in Mathura and the maintenance debates in Shah Bano to modern jurisprudence on workplace harassment (Vishaka), reproductive autonomy, and marital rape exemptions—this study evaluates how the judicial apparatus navigates the tension between constitutional guarantees of equality and prevailing social norms.
The article examines various judicial interventions, including Public Interest Litigation (PIL) and transformative constitutionalism, alongside a critique of structural barriers such as judicial under-representation, institutional bias, and implementation gaps. Ultimately, it argues that while the judiciary has successfully catalyzed legislative reform and redefined the normative landscape of gender relations, achieving substantive equality requires transitioning from symbolic legal protections to a comprehensive, socially embedded framework of structural accountability.
Keywords: Indian Judiciary, Women's Rights, Transformative Constitutionalism, Gender Jurisprudence, Patriarchal Structures, Substantive Equality.
