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According to (FINCA International, n.d.), “The process through which women acquire authority and equal opportunity to pursue their own social, professional, and personal goals while participating in all facets of society on an equal footing with men is known as women's empowerment.”[1]

It is natural to associate the word power with one’s conception of the term woman. The idea of empowering women is not new in India. Originating in Hindu mythology, where we hail maa Durga, maa Shakti, maa Laxmi, and maa Saraswati moving towards the Vedic period hearing the glory of Anusuya and Gargi, dancing to the tunes of Poetess of Bhakti Movement i.e. Meera, the valor of women freedom fighters such as Rani Laxmi Bai, Jhankari Bai,and Ahilya Bai Holkar, reaching in space like Kalpana Chawla, being first female director of SEBI  Madhabi Puri Buch to being the first person of nation Smt.Pratibha Patil and Smt. Draupadi Murmu,  the story of women’s empowerment continues to this day.Social justice is a political and philosophical paradigm that emphasizes equality in social interactions and equitable access to resources, opportunities, and privileges. Social justice takes one step closer to women’s empowerment.

The contemporary world is all about feminism and equal rights for women in India so the author had undergone various research papers and other sources while doing a review of literature for the research paper.

The author first discussed the mythology and status of empowerment in the divine world and found that (Kinsley,1986) in his book “Hindu Goddesses: Vision of the Divine Feminine in the Hindu Religious Tradition” explained how every goddess is regarded as a separate deity with logical folklore and occasionally has a sect of her own. He discusses facets of Hindu tenets as a whole and long living tradition of faith and worshipping female deities. Women’s education plays an essential role in the Empowerment of women.

The author identified that (Shradha,2022) in her research paper “Education and Empowerment: Women in Ancient India”aims to investigate the relationship between emancipation and learning in the context of women.   In an effort to understand the causes of the restriction of education to women, it delves deeply into the heritage of prehistoric India. According to literary sources, women were comparatively treated equally during the initial phase of Rigveda, as evidenced by the stories of well-educated women, erudite women scholars, and combatant women. It appears that they have the freedom to use their liberties and make independent decisions. But throughout generations, the liberties of women began to slip away from their hands, and constraints hinderedthem.

Along similar lines,(Mazumdar,1916) in his research paper “A History of Education in Ancient India” discusses ancient texts such as Manu Smriti and the life of women and what ought to be. Women all over history played prominent roles in advancing the nation and these roles and mindsets were stated by (Rout,2016) in his paper Role of Women in Ancient India.

Finally, to wind up the connectivity between ancient and modern times and the story of women’s empowerment Author took the help of a Research paper written by (Roy,2022) titled “Women’s Empowerment in India from Ancient Period to Modern Time Period”. She talked about various rights of womenincluding the liberty to exercise their votes, the right to possess property, and the right to make choices on their own. Encouraging women is helping them to recognize their value as individuals and to shape society so that they can enjoy the same dignity and liberties as their male counterparts. The advancementof society at large,and the nation all depend on empowering women.

The paper is based on secondary research sources with some aspects of the doctrinal research, so it will be based on existing data available.

2. Mythological Sanctity – “Goddess” Symbol of Empowerment

Deities have been worshipped for thousands of years by people from diverse cultures. (Hellman, 1998) observed that there are two fundamental attributes shared by the goddesses in the Puranas: Shakti, which is the creative or active aspect, and Prakriti, which is the material state. If they are under the authority of forces perceived as masculine, these attributes are seen as positive. Male gods exert influence over the creative and protective aspects of goddesses; however, their female counterparts are equally recognized and respected by their husbands.[2]

2.1. Devine Source of Women’s Empowerment

(Kinsley, 1986)pointed out that the term “shakti” (which means “power”) refers to the active aspect of divinity in Hindu philosophy and religion, the divine force that enables the godhead to manifest itself and create the universe. Shakti is the extreme opposite of the divine inclination towards motionlessness and stillness within the entirety of the Godhead. Furthermore, it is fairly usual to associate the other pole with the goddess Shakti and her male companion with a female entity.

In terms of the divine economy, the two poles are typically seen as being somewhat equal and dependent on one another.[3] Kali, meaning “black”, is a symbol of strength, creativity, destruction, and preservation. She is described as the fierce embodiment of the goddess Durga, who takes on the form of Kali when she fights evil on her own. She is shown as being nude and having four arms, two of which are carrying a scimitar and the other a severed head.

The head and scimitar stand for the ego’s demise. Her blackness serves as a metaphor for the darkness from which everything was formed and the final state in which everything will vanish into darkness.[4]Goddess Durga is not just a symbol of woman empowerment; her life also offers many lessons that we can apply, especially in light of the status of women in contemporary society. One of the best instances of a single being who embodies both compassion and ferocity is Durga. Durga’s life and stories teach women of all ages that they are capable of being both protectors and carers. She is equal parts destroyer and creator.[5]

2.2. Women represented in Epics

In Kambar’s (12^th century) rendition, Sita is shown as a strong, independent lady. “I am capable of destroying all the worlds with just my words,” she declares when Hanuman offers to take her away from Lanka as according to her it would be like dishonoringher husband’s bravery if she destroyed Lanka herself. Sita decides not to slay the asura as a result. It’s not like she required any assistance to flee Sri Lanka.[6]

Additionally, Kaikeyi, the Queen of King Dashrath, is also mentioned in the Ramayana. She had previously aided Dashrath in battle and was a skilled marshal and warrior. Parthenogenesis is an advanced technology that Queen Kunti used to give birth to her children, according to the Mahabharat. Numerous instances prove that women were educated, independent, and served on equal par with their male counterparts. Even the bible enunciates that for procreation and creation of life on earth, Adam alone was not sufficient so Eve was created as a counterpart which is itself proof that both men and women are like two tires of a bicycle even if one is absent, we cannot ride a bicycle.

3. Ancient India – Status of Women

It is a well-established truth that women in ancient India were treated equally and that gender discrimination did not exist. This can be determined using a variety of historical texts and literary sources.

3.1. Brahmanical Literature Epoch

Despite being patriarchal, the Rig Vedic era was regarded as the greatest age of womenin particular reference to the right to education, equal standing, and rightsin the words of Max Muller[7].

3.1.1. Women’s Empowerment through Education

The Vedas assert that women are the epitome of wisdom and virtue when it comes to womanhood. In this respect, the Rig Veda says:

“O erudite woman, with her mind alone, she dispels myths and exaggerations, just as a river sweeps away the largest of hills and stones. May our courteous words and deeds show our respect for ladies”.(Rigveda 6.61.2)

“The life of society as a whole rest on you, scholarly woman. You give us pertinent information. May you provide wisdom to every societal group.”(Rigveda 2.41.17)

“When a daughter goes to live with her husband, her parents should give her intelligence and knowledge. They ought to leave her with a legacy of wisdom.”

 (Rigveda 10.85.7)

Since women are essential to society, the Atharva Veda is a strong proponent of women’sempowerment.It states

“O woman! Make use of your Vedic wisdom throughout our house!”

(Atharva Veda 14.1.64).

The education of female children is another area in which the Vedas heavily emphasize. According to Vedic literature, which holds that all people are created equal, parents have a responsibility to raise and educate their daughters with great care and effort. It also encourages women and girls to pursue academic careers. Ultimately, as the sacred Devi Mahatmya (a scripture detailing the splendors of the Goddess) declares,

“All women in the world are Thy forms, and all forms of knowledge are aspects of Thee.”

The Vedas allowed women to participate in Upanayana, the Vedic study initiation ritual. A number of female scholars and sages are mentioned in the Vedas. These people, known as Brahmavādinis, show that women were given the same respect and opportunity to seek higher education as men throughout the Vedic era. They also received equal attention from their gurus.

Many knowledgeable and well-educated women are mentioned categorically in the Vedas and Upanishads, among which Aditi, Shiva, Vapula, Maitreyi, Gargi, Apala, Lopamudra, Shrimati, Vedvati, Dharini, Romasha, Sulabha, Yami, Indrani, Siddha and Swadha are a few names. Rishika Anusuya, through her tireless efforts, managed to redirect the Ganga River stream to its location.

(Majumdar,1916) notes that during Yajnavalkya’s retirement to the forest, a famous exchange between him and his exceptionally intelligent wife Maitreyi reveals that women were regarded as their husband’s intellectual companions at that time[8].

According to (Rout,2016), there are references in the Upanishads to verbal dueling between female philosophers and their male counterparts[9]. One such instance involves Gargi Vacaknavi challenging Sage Yajnavalkya. Women were able to live a life of dignity and respect because education, or rather, education empowered them.

3.1.2. Manu’s Guide to Women’s Reputation

“Yatra nāryastu pūjyante ramante tatra devatāḥ|

Yatraitāstu na pūjyante sarvāstatrāphalāḥ kriyāḥ||”(Manu[10])

In Manusmriti, it is said that God is delighted when women are regarded with esteem, whereas all ceremonies and good actions are meaningless when women are treated disrespectfully. However, it is devastating because, in one verse, the significance of women is glorified; on the other hand, Manu describes how women are confined within the four walls and forced to obey the patriarch and remain entirely dependent on them. He writes in another verse how women are never fit in for independence -

“pitā rakṣati kaumāre bhartā rakṣati yauvane|

rakṣanti sthavire putrā na strī svātantryamarhati||”(Manu[11])

The woman is never ready for independence; her father protects her when she is a child, her husband protects her when she is young, and her sons protect her when she is elderly.Manu Smriti states that women ought to have the freedom and authority to handle all aspects of household management, including economics, nutrition, spiritual and religious pursuits, hygiene, and general hygiene.[12]The idea that a son and a girl should have equal standing in the household was first established by Manu. According to Manu Smriti, “Putrena Duhita Sama” denotes that a daughter is equal to a son in every way.[13]

Manu’s opinion concerning property rights is often disputed among historians. According to them, women could hold property, but only as guardians until their son attained majority, and it is vested property held by her; however, it was Yajnavalakya who was more liberal while writing commentary and allowed that woman to hold the property.

In The Rise and Fall of Hindu Women, Ambedkar opined his opinion that women were treated equally with Shudras inside the Brahmanical framework, denying them both the fundamental human rights of owning property, exercising self-respect, and learning about and enunciating, which is considered to be the “lone way of salvation” in Hinduism. Buddha disobeyed this Aryan law, opening the door for women to travel freely. However, the victory of Brahmanism over Buddhism eventually led to the introduction of the caste system, which created a system of graded inequality and further denigrated women and Shudras[14]. But over ages, cultural norms and legal restrictions forced women into the home, denied them access to education, and gave patriarchy control over them, thus the situation did not stay the same.

3.2. Women’s Entrustment during the Existence of Kings and Kingdoms

The remarkable source known as the Griha Sutra states that widow marriage was permitted under certain conditions and that Sati Pratha was uncommon in ancient times. While women and men shared equal rights over ancestral property during the Indus Valley Civilization, men nonetheless held the upper hand.

3.2.1. Women’s Rights During Mauryan Empire with Special Reference to Arthashastra

In his Arthashastra, Kautilya said that a widow who follows a devout life after the death of her spouse will receive her jewelry and endowment. If her father-in-law arranges a second marriage, she will also receive all the gifts that her husband and father-in-law gave her. However, she will have to give up everything her father-in-law and husband have provided her if she marries a man who is not her father-in-law’s preferred match. She will also give up the right to use her in-law’s belongings in the event of a divorce.[15]

A woman’s property rights were limited to her possessions, such as her streedhan. Although widows were permitted to remarry, this period also marked the onset of female prostitution in the name of the Devadasi system. Evils like polygamy and dowries as sources of income for men were introduced. It is necessary to mention that women had limited autonomy and required their husband’s consent before leaving the house. Amidst all these happenings, Ashoka the Great became the flagbearer of women’s empowerment after sending his daughter Sanghmitra outside India and spreading Buddhism.

3.2.2. Gupta Period Women

The fact that women were required to have an education was a source of appreciation. They were fluent in both Prakrit and Sanskrit. In poetry and music, courtesans received further training. Though this was only extended to noble ladies, both men and women were regarded as valued members of society and were accorded great dignity. Other lower-caste women were expected to labor in field agriculture as well as take care of household chores.

3.3. Women Empowerment - Ancient India in a nutshell

Numerous instances of women’s empowerment as co-authors or independent individuals may be found in Indian coinage. History has been shaped by several queens, such as Queen Naganika, Sugandha Devi, Chennabahira Devi, and Nurjana.[16] Heiung Tsang, a distinguished Chinese traveler and scholar, claims that Rajshree, the sister of Harshvardhan, was also a well-known scholar. On the other hand, it is believed that every coin has two sides. While elite women, in particular, were enjoying their lives, the grass was not as green as one might have thought on the other side.

4.The Mediaeval Era: A Letdown for the Empowerment of Women

“Naari tum keval shraddha ho, Vishwas rajat nag pag tal mein|

Piyush shroth sib aha karo. Jeevan ke sundar samtal mein||”

(Jaishankar Prasad)

4.1. Hindu Women in the Medieval Period

Some have referred to the Middle Ages as “the Dark Ages”, yet others have called it “the Age of Faith” and Honour. Most of the time, medieval women were thought to be victims of a harsh misogyny that restricted their access to legal protections and economic opportunities.Women faced an excessive amount of obligation, oppression, and even exclusion from education.

All atrocities, including child marriage, the ban on widow remarriage, the mass suicide of Rajput women through the Jauhar system, Sati, and the purdah system, which originated in ancient India, took on greater manifestations throughout the medieval era. In southern India, the practice of devadasi grew widespread.The Indian philosopher Vatsayana believed that women should be proficient in 64 skills, such as cooking, spinning, grinding, and medical knowledge, among others.

As a beacon of hope for women, the Bhakti movement witnessed a spike in the involvement of female poetesses in the form of social and reform movements from all over the nation, including Meera Bai (a Rajput), Andal (a Tamil), Akka Mahadevi (a Kannada), Sakkubai (a Marathi), Lal Dedh (a Kashmeeri), and Jainabai.

According to historical accounts, Rajput princesses received proper instruction in politics, art, archery, poetry, and administration. In this context, some well-known figures are Jodha Bai and Rani Padmavati. Jija Bai, Shivajee's mother, spent her whole life raising her son in defiance of Mughal authority.

4.2. Status of Muslim Women

While Muslim women were able to attend separate schools established by Akbar, Hindu women had no access to the same opportunity to pursue education. Women's empowerment can be seen when Delhi’s throne was held by Razia Sultan. Gulbadan Begum, Nurjahan, Jahan Ara, and Mumtaj Mahal were among the other women who rose to fame due to their artistic sensibilities, intellectual prowess, and active involvement in public events. Her writing of Humayun-Nama demonstrates Gulbadan Begum’s poetic skill. Known for her bravery and beauty, Nur Jahan was the well-known Muslim queen of Mughal India. A remarkable combination of intelligence, beauty, and taste in art was exhibited by Mumtaz Mahal, the queen of Shahjahan. 

In India’s medieval past, there are stories of brave women. The green memories of South India, Mangammal, Tara Bai, who resisted Aurangzeb’s onslaught, Ahalya Bai Holkar, the brilliant administrator, and Chandbibi, who saved the Fort of Ahmednagar, are a few instances of their bravery. The Mughul princesses actively supported their brothers Dara Shikoh and Aurangzeb in the administration, including poetesses Jahanara, Roshanara, and Zebunisa.[17]

Highlighting the atrocities faced by women well-known poet and writer Shri. Rabindranath Tagore wrote that –

“Why Lord, haven’t you given power to woman to choose her destiny? why does she have to stand by wayside, head down, waiting with worn patience, hoping for a miracle next day?”

5.Modern History – A Struggle for Women’s Emancipation

Eventually, as society changed over time, women were able to enjoy some rights and privileges, but not all women in society were able to make use of these opportunities. Numerous names from the East India Company surface at the outset of this contemporary era of women’s liberation in India. Those ladies were incredibly courageous in their day; among them were Jhansi’s Rani Laxmi Bai, Jhalkari Bai, Kasturba Gandhi, Sarojini Naidu, Madam Bhicaji Cama, Begum Hazrat Mahal, Uda Devi, and Azizun Baial.

5.1. Britisher’s and Women’s Right to Education

“The greatest help that can be given to women is to make them strong, and the best way to do this is through education.” (Swami Vivekananda)

The social and cultural lives of Indians were altered in part by the actions of the British monarch and missionaries from England and other European countries. The missionaries established several female-only schools in Calcutta, Bombay, and Madras because they supported women's education. The initiatives taken by the administration were impressive. In the 19^th century, girl’s education in India was highly publicized and challenged patriarchal standards that hindered it. It is advised that separate education committees be formed for women’s education. An enormous amount of pressure was placed on female education in the Education Dispatch of 1854. As a result, several girl’s schools were established throughout India.[18]

5.2. Women’s Participation in Freedom Struggle – Step towards Women’s Empowerment

The notion of “Bharat Mata” was employed by nationalists to foster anti-British feelings and to justify women’s participation in civic affairs. By engaging in an active role in the freedom struggle, women gained empowerment and were able to leave the home and enter the workforce, the public sphere, and positions of governance. It made the national movement stronger and provided opportunities for gender equality.

The 1857 Revolt yielded several strong female fighters who are now legendary figures in Indian independence history. Rani Lakshmi Bai put on a man's clothes and valiantly led her unit in combat against the British army. The British had taken Awadh from Begum Hazrat Mahal, who refused to be defeated by the Doctrine of Lapse. She also restored her infant son’s coronation. Other notable women who fought alongside the British troops during the uprising include Jhalkaribai, Uda Devi, Rani Jindan Kaur, and Rani Avantibai Lodhi of Ramgarh.

Notable Indian women not only showed bravery and power in the war against the British army, but they also cleared the path for societal transformation. In addition to founding the first female school for untouchables, Savitri Bai Phule dedicated her life to promoting women's rights. Tarabai Shinde, a well-known author of Stree Purush Tulana, which is regarded as one of the earliest modern Indian feminist viewpoints, assisted her.

Throughout the Non-Cooperation Movement (1920), women took a leading role in the boycott of British products and establishments, including colleges and schools. They coordinated and participated in anti-violence marches and demonstrations, highlighting Mahatma Gandhi’s call for nonviolence.

During this effort, they even experienced their first jail visit. During the 1930 Salt Satyagraha, women played a significant role. Sarojini Naidu and Kamala Nehru, for example, provided essential leadership, marched alongside Mahatma Gandhi in the famous Salt March, and actively picketed salt mills and shops to disrupt the British salt monopoly and demonstrate resistance. But at first, Mahatma Gandhi was against women taking part in the Salt Satyagraha movement. It was Sarojini Naidu who had to persuade him to let women participate in the Salt Satyagraha.

Annie Besant established the Indian Home Rule League in 1916 and served as its leader. She was a prominent figure in the Indian National Congress as well.  A labororganizer, strike coordinator, and social reformer, she actively participated in the establishment of universities and institutions to further education.

A fierce advocate for women’s equality in society, Madam Cama made a significant early contribution to the Indian liberation movement. In Stuttgart, Germany, on August 22, 1907, Madam Bhikaji Cama became the first person to fly the Indian flag over foreign territory.

In 1931, Kalpana Dutta solicited in the Republican Indian Army under Surya Sen, which had participated in the Chittagong raid the year before. She used to be a messenger and bomb builder for the revolutionaries.

When it came to the Quit India Movement, Aruna Asaf Ali was instrumental in marking the beginning of the movement by raising the flag in Bombay. The highest civilian honor, the Bharat Ratna, was given to her for authoring the Indian National Congress' monthly publication, “Inqilab”.Protesting actively, organizing large-scale rallies, spreading the movement’s message, facing arrests and imprisonment, and having their associations pass resolutions—all of these actions demonstrated the women’s unwavering commitment to overthrowing British rule and achieving independence.

5.3. Role of Social Reformers in Improving the Status of Women

Women have benefited from the efforts of social reformers who supported women’s rights in restoring their former social status.

“There is no chance for the welfare of the world unless the condition of women is improved. It is not possible for a bird to fly on only one wing.” (Swami Vivekananda)

By outlawing Sati, Raja Ram Mohan Roy, the pioneer of women’s rights, has greatly benefited women. Because of his efforts, in 1829 Lord William Bentinck forbade the Sati ritual. He made a substantial impact on women's education as well. He openly opposed child marriage and supported the remarriage of widows. In order to set an example for society as a whole, he also betrothed a widow.

Ishwar Chandra Vidyasagarwas an important player in the social reform movement of Bengal in the nineteenth century. He conducted an exhaustive study of ancient Hindu scriptures and found that the gender gap that existed was not a result of writings from our ancient traditions, but rather a political decision to subjugate women to men. He was a fervent supporter of women's education in Bengal and would go door to door to urge people to enroll their female children in school. He made a substantial contribution to the discussion of widow remarriage as well. He started several schools for girls.

Establishing the first women’s school in India was the brainchild of Jyoti Rao Phule. In order to eradicate female foeticide, he is additionally recognized for founding the first house for widows from higher castes and a facility for newborn girls. 

The founderof Arya Samaj,Dayanand Saraswati, translated the Vedas from Sanskrit to Hindi so that the average man may comprehend the importance of women in Vedic Hindu teachings. He emphasized the importance of women’s equality in all spheres of life.Women were held captive and forced to work as domestic helpers until Mahatma Gandhi shattered the constraints of ‘Purdah’ and invited them to join the independence movement. He said that although women need to take care of the home, it shouldn't be their top priority. He educated the public on gender equality and criticized Indians for wanting a boy child rather than a girl. Women’s ‘right to vote’ was largely a result of his efforts after India gained independence.[19]

5.4. Women-Oriented Legislations in British India

The Anti-Sati Bill of Bentinck was one of the primary reform laws that arose out of all of this discussion about women’s issues and is particularly beneficial to them. The Hindu Widow’s Remarriage Act of 1856 was a revolutionary statute that challenged the custom of prohibiting widows from entering into new marriages. In the past, widows were supposed to have lonely lives and refrain from getting married again. The act permitted them to remarry if they so desired, intending to offer them stability and support. To shield girls from the damaging custom of underage marriage, the Age of Consent Act of 1891 was introduced. In British India, this regulation increased the minimum age at which females might marry from 10 to 12 years old. Ensuring their welfare and keeping them from being coerced into young marriages was the aim.

The Married Women’s Property Act, passed in 1874, was a significant step towards granting married women legal rights. Before, a woman could not possess property or have authority over her belongings once she got married. Everything would be decided by her husband. Married women were able to own property in their names because of this rule. It aimed to refute the notion that married women were ineligible for certain rights. In order to put an end to the practice of killing infant girls in some areas of British India, the Female Infanticide Prevention Act of 1870 was introduced. 

The statute required parents to register the birth of every child and permitted the verification of female children for a certain amount of time after the child's birth.Women's rights as contract laborers were intended to be safeguarded by the Workmen’s Breach of Contract Act of 1859. Throughout the colonial era, women were frequently exploited and subjected to unequal treatment, whether working as indentured laborers or under other contractual arrangements. In Hindu households, the Hindu Inheritance (Removal of Disabilities) Act of 1928 and the Hindu Women’s Rights to Property Act passed in 1937sought to eliminate some limitations on women's inheritance rights based on gender. With the help of this legislation, discriminatory practices were opposed, and Hindu women were given the same rights to inherit ancestral property as their male counterparts.

The Criminal Law Amendment Act, which targeted offenses against women like rape and kidnapping, went into effect in 1885. Prior to the passage of this legislation, the laws that governed crimes against women were disjointed and insufficient in protecting their rights and guaranteeing justice.The Women’s Christian Marriage Act of 1872 governed the solemnization and dissolution of Christian marriages. Before this act, Christian women faced challenges with union, separation, and child custody due to legal concerns. Within the parameters of marriage, the statute provided rights and protections for Christian women.

British regulations pertaining to women made significant progress toward improving women’s rights and welfare in colonial India. A wide range of subjects were addressed by these legislative initiatives, such as property rights, crimes against women, widow remarriage, and child marriage. They laid the foundation for more reforms and paved the way for increased social justice and gender equality.

5.5. Role of Women in Making of Indian Constitution

While making the Indian Constitution, the constitutional assembly was constituted which consisted of 299 members, and among them 15 members were women.These women were advocates, reformers, and freedom fighters involved in the freedom struggles of the year 1917. These women include "Durgabai Deshmukh, Rajkumari Amrit Kaur, Begum Aizaz Rasul, Renuka Ray and Purnima Banerji,Sarojini Naidu, and Vijayalakshmi Pandit, Ammu Swaminathan who also conveyed her dissatisfaction with the length of the constitution and requested to reduce its length, Annie Mascarene, Kamla Chaudhri, Leela Roy and Malati Choudhury and Sucheta Kriplani.[20]

6.Conventional Understanding of Women Empowerment: Excerptsfrom Judicial Verdicts

“Women belong in all places where decisions are made. It shouldn’t be that women are the exception.”(Ruth Bader Ginsburg)

Indian courts attempted to advance gender equity following the adoption of the Constitution by utilizing the recently established right to equality. However, judgments from earlier decades will demonstrate that courts took a “cautious approach”, using Article 15(3) to uphold special provisions in favor of women because they believed that women were feeble and in need of support. This “cautious approach” undermines women’s agency, which makes it intrinsically immoral. The courts in these judgments were more concerned with “formal equality” than “substantive equality.” However, it appears that our courts are hesitant to move forward and have squandered a few excellent chances to create gender-just jurisprudence. Regretfully, there were also instances where a patriarchal attitude was evident. Some of the excerpts of those cases are as follows-

6.1. Roop Kanwar case (1987)[21]

In the Sikar district of Rajasthan, on September 4, 1987, Roop Kanwar, then eighteen years old, mounted her husband Maal Singh Shekhawat’s funeral pyre and perished in the flames in the village of Deorala. At least two hundred fifty thousand people flocked to the place of her death thirteen days later for the customary chunari ritual, when she was worshipped as a goddess. The Sati Prevention Act was not in effect at the time of the incident. Because they celebrated the occurrence of “sati”, the accused were prosecuted under the Indian Penal Code. There are still instances of sati in some rural areas of India, 125 years after William Bentinck outlawed it. In contemporary India, the Roop Kanwar case was not the final one. Since then, similar things have happened to Janakrani in the Madhya Pradesh district of Sagar (2006), Vidyawati in the Uttar Pradesh district of Fatehpur (2006), Kuttu Bai in the Madhya Pradesh district of Panna (2002), Rekia Devi in Bastipur, Bihar, and Sita Devi in the Bihar district of Gaya. The nation is home to around 250 sati temples, all of which consistently receive donations and worshippers.

6.2.Joseph Shine v. Union of India (2018)[22]

“There is no rationality in treating one party as the victim and the other as the accused for the same act. The only rationale behind the provision seems to be that marriage is an institution that has to be saved. Marriage has been called an institution in all scriptures.It is built with two pillars and there has to be equal responsibility of both. To say that women are protected from the criminal ramifications of Adultery under Article 15(3) is not justified”[23] opined the Chief Justice. Justice Nariman stated that “An ancient provision is not protected under Article 15(3). It is for the Parliament to make (laws under Article 15(3).”[24]

6.3.XYZ (Minor) v. State of Gujarat (2023)[25]

Justice Samir J. Dave used the reference of   Manu Smriti to discuss the state of women and denying medical termination of pregnancy which was an incorrect choice made and cited:

“Because we are living in the 21st century, ask your mother or great-grandmother, 14-15 was the maximum age (for getting married). The child used to give birth before the age of 17. Girls matured before boys. 4-5 months here and there doesn’t make a difference. You will not read it, but do read Manu Smruti once for this.”[26]

6.4.Meharunnisa v. Sayyid Habib (2014)[27]

The Karnataka High Court begins the ruling as follows: The judge cites verses from the Manu smriti that have been construed as endorsing patriarchy to support the wife's entitlement to maintenance of Rs. 800 per month.

“I feel it is just and appropriate to start this judgment by quoting a great universal verse in Manu Smriti which often referred to the protection of women, which is being admired with great respect, irrespective of caste, creed, color, and religion: “Pita rakshathi kaumare, bhartha rakshathi youvane, putrah rakshathi vrudhapye, na stree swatantryam arhathi.”[28]

This concludes the ruling, which covers the whole topic of Muslim personal law. To keep the paradox going, let’s reiterate what this quotation sets in terms of the melody this case chooses. The judge finds this Sloka “great” and “all-inclusive, so much so that he finds it to be” valued with great esteem, irrespective of religion.”So, he has no concerns about using this as his essential basis for a judgment delivered on Muslim personal law. This Sloka asserts the authority of men over women and seeks to deny her right to financial independence from men.

6.5.Rajbir Singh Dalal v. Chaudhari Devilal Lal University, Sirsa & Anr. (2008)[29]

This verdict relies mostly on Jimutvahana’s Dayabhaga application of Anusanga to a Sloka of Manu that reads, as quoted by Jimutvahana, “If a woman marries according to the Brahma, Daiva, Arsha, Gandharva, or Prajapatya form, her husband will inherit the property if she passes away without issue. Nevertheless, her parents will inherit her property, which was granted to her at marriage in the forms of Asura, Rakshasa, and Paisacha, upon her passing.”

6.6.Sabarimala Judgement (2019)[30]

The court disagreed with Manu Smriti, viewing it as a patriarchal scripture.  The Supreme Court noted that the concepts of purity connected to menstruation are a kind of untouchability, using BR Ambedkar’s criticism of the Manu Smriti. Untouchability customs with the inferior castes will also apply to the pervasive shame, marginalization, and oppression endured by women”, the Supreme Court stated. An indicator of exclusion is bias towards women based on ideas of contamination and impurity connected to the menstrual cycle. Finally, the court lifted the ban on women of ten to fifteen years at Sabarimala temple.

Justice Deepak Misra has brought attention to the gender-based disparities that still exist in contemporary society and opined that – “The dualism that persists in religion by glorifying and venerating women as goddesses on onehand and by imposing rigorous sanctions on the other hand in matters of devotion has to beabandoned. Such a dualistic approach and an entrenched mindset result in indignity to womenand the degradation of their status. The society has to undergo a perceptual shift from being thepropagator of hegemonic patriarchal notions of demanding more exacting standards of purityand chastity solely from women to being the cultivator of equality where the woman is in no wayconsidered frailer, lesser, or inferior to man.”[31]

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24. Joseph Shine v. Union of India, SC 1676 (2018c)

25. XYZ(Minor) v. State of Gujrat, Gujrat HC R/Special Cri App No. 11637 (2023a).

26.X YZ(Minor) v. State of Gujrat, Gujrat HC R/Special Cri App No. 11637 (2023b).

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29. Rajbir Singh Dalal v. Chaudhari Devilal Lal University, Sirsa & Anr. 9SCC 284(2008).

30. Indian Young Lawyers Association & Ors v. State of Kerala 11 SCC 1 (2019a).

31. Indian Young Lawyers Association & Ors v. State of Kerala 11 SCC 1 (2019b).