India's Gender Gap: Laws Exist But Implementation Fails Women

This year, the theme for International Women's Day is "Rights. Justice. Action. For ALL Women and Girls," highlights the urgent need to turn legal rights into real change in everyday life.

Although many countries have laws that support gender equality, the World Bank's Women, Business and the Law 2024 report shows that women globally still enjoy only about 64% of the legal rights that men have, showing that the fight for equal justice and opportunities is far from over.

However, India has made progress in some areas. The Constitution of India guarantees equality through Articles 14, 15 and 16, which prohibit discrimination based on sex.

According to the World Bank's Women, Business and the Law 2024 report, Indian women also have 100 per cent legal parity in freedom of movement and marriage rights.

Despite these legal protections, challenges remain. Issues such as unequal pay and safety from violence continue to affect women. While laws like the Equal Remuneration Act, 1976, exist, their implementation, however is often weak say experts.

Advocate Lakshay Magan says, "Despite the Equal Remuneration Act, the gender pay gap continues to exist. The main reason is weak enforcement, especially in the informal sector. Women are often placed in lower-paying roles due to social perceptions and workplace bias. Secondly, career breaks due to family responsibilities also affect their earning opportunities. Thus, the issue is more social and structural than purely legal."

Talking about women's safety from violence, Magan said, "India has several laws to protect women from violence, but implementation remains challenging. Many victims hesitate to report crimes due to fear, stigma, and social pressure. Delays in investigation and trial also discourage victims from seeking justice."

He added, "Lack of awareness about legal rights further weakens the effectiveness of these laws. Institutional sensitivity is also an important factor in ensuring proper implementation."

Improving women's rights requires stronger implementation of existing laws, says Magan.

"There is a need for faster judicial processes and better access to legal remedies. Increasing legal awareness among women is also essential. Institutions responsible for enforcing the law must act with greater accountability and sensitivity. Legal reform should ultimately focus on both the protection and empowerment of women" he says

Talking about how Article 15(3) of the Indian Constitution helps the government create special laws for women, lawyer Advocate Gaurav Sethi said, "While the Constitution of India prohibits discrimination on the basis of sex under Article 15(1), Article 15(3) allows the State to make special provisions for women and children, reflecting the principle of protective discrimination to address their historical and structural disadvantages."

He added, "Through this constitutional mandate, the legislature is empowered to enact gender-specific laws aimed at protection and empowerment of women. Several welfare and protective legislations, such as the Protection of Women from Domestic Violence Act, 2005 and the Maternity Benefit Act, derive their constitutional validity from this provision. In essence, Article 15(3) ensures that measures taken for the advancement of women are not viewed as discriminatory but rather as necessary steps toward achieving substantive equality."

He also shared his views legal reforms which are necessary to improve women's rights in India.

Gaurav said, "Despite the existence of a comprehensive legal framework for the protection of women, gaps remain in implementation and enforcement. One important reform would be strengthening institutional mechanisms that ensure the effective application of laws related to gender-based violence, workplace harassment, and economic discrimination. Delays in judicial proceedings often discourage victims from seeking justice, so procedural reforms and fast-track mechanisms are necessary."

"In my opinion, legal reforms should also focus on improving access to justice by expanding legal aid services and increasing awareness about women's legal rights. Additionally, stricter accountability for violations of existing laws and stronger regulatory oversight in workplaces can significantly reduce gender-based discrimination. Ultimately, the law must function not only as a protective instrument but also as a tool for achieving real and substantive gender equality in society," he concludes.

- ANI