The Evolving Landscape Of Women’s Legal Rights: A Human Perspective
- IJLLR Journal
- 3 days ago
- 2 min read
Aditya Singh, B.A. LL.B. (Hons.), IILM University Gurugram
This research delves into the journey of women’s legal rights in India, viewed not merely as a legal shift but as a narrative of resilience, reform, and human experience. Tracing developments from ancient scriptures through colonial interventions to the modern constitutional vision, the paper highlights how laws evolved through struggle, awareness, and activism. Each legal milestone reflects not only legislative intent but the ongoing quest for justice in the lived realities of Indian women.
INTRODUCTION
The history of women's legal rights in India is a story deeply intertwined with the nation’s own evolution. At its core, this journey illustrates how gender equality was not an accidental byproduct of modern law but a hard-earned space that women claimed through continuous effort, advocacy, and resistance. Early Indian legal traditions relegated women to subservient roles under the guise of dharma, while colonialism brought legal reforms that were often both progressive and patriarchal. After independence, constitutional values promised a new beginning, but the lived experiences of women still reflect ongoing disparities.
This paper traces this historical trajectory from ancient texts and customs to colonial codification and post-independence legislation. It also highlights the indispensable role of the judiciary in breathing life into constitutional ideals. But more importantly, it humanizes the struggle—acknowledging the pain, courage, and resolve of Indian women across centuries. Rather than viewing legal rights as static rules on paper, this study sees them as outcomes of social battles, cultural shifts, and moral awakening. It is this layered, evolving nature of women's legal status in India that this research seeks to explore in depth.1
WOMEN AND THE LAW IN ANCIENT INDIA
Ancient Indian society was deeply shaped by religious and customary laws, which had a profound impact on the position of women. Texts like the Manusmriti imposed strict codes, stating women must always be dependent on male family members.2 This cultural directive became foundational in restricting women's legal identities. Yet, amidst these constraints, early Vedic society also offered glimpses of egalitarianism—women like Gargi and Maitreyi were renowned for their scholarship and participated in philosophical discourses with male sages.3,4
