Gender Equality Laws: Paving the Way for Women's Empowerment

In recent years, significant strides have been made globally to empower women and protect and uphold their rights. New gender equality laws and amendments have been introduced to address several issues. These issues include gender disparities, protecting women from violence, and promoting their participation in various sectors. These legislative changes are crucial in fostering a more equitable and just society. Below are some vital pro-women laws enacted recently in India.

Gender equality laws at a glance

Let us take a look at the gender equality laws in India and their implications.

1. The Equal Pay Act: Gender equality laws for equal pay

One of the most significant legislative advancements globally and in India is the strengthening of equal pay laws. The Equal Remuneration Act of 1976 in India mandates that men and women receive equal pay for equal work.

Despite this, the gender wage gap persists.

The gender gap

According to the World Economic Forum’s Global Gender Gap Report 2021, India ranks 151st out of 156 countries in terms of economic participation and opportunity for women. Southern Asia has achieved 63.4% gender parity. That marks the second-lowest score among the eight global regions. This score has improved by 1.1 percentage points since the previous edition, based on a consistent sample of countries surveyed since 2006. One can attribute this improvement partly to higher scores in populous countries such as India, Pakistan, and Bangladesh. At the current rate of progress, it will take 149 years for Southern Asia to achieve full gender parity.

Strengthening the enforcement of these laws is crucial to eliminate wage discrimination and promote economic equality.

2. The Domestic Violence Act, 2005

In India, the Protection of Women from Domestic Violence Act (PWDVA) came into existence in 2005. The idea was to protect women from domestic violence. Domestic violence encompasses a spectrum of forms. These include physical abuse, emotional abuse, demand for dowry, and honour-based crimes such as female genital mutilation and honour killings. This phenomenon primarily occurs within intimate cohabiting relationships. Such relationships often involve individuals who are related by blood or marriage. Legislation recognises these diverse forms of abuse and emphasises their illegality.

Gender equality laws for domestic violence: The offerings

This law offers a legal framework for women to seek protection orders, residence orders, and monetary relief. Despite the law, domestic violence remains a significant issue. The National Family Health Survey (NFHS-5) reports that about 30% of women aged 15-49 have experienced physical violence since the age of 15.

3. Maternity Benefit (Amendment) Act, 2017

The Maternity Benefit (Amendment) Act of 2017 is a crucial step towards supporting working mothers in India. This law extends the duration of paid maternity leave from 12 weeks to 26 weeks for women working in the organised sector. It also mandates that establishments with 50 or more employees provide crèche facilities. This amendment aims to improve maternal health and encourage women’s participation in the workforce.

4. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

To combat workplace harassment, India enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This law mandates that employers establish Internal Complaints Committees (ICCs) to address complaints of sexual harassment. It is crucial to create a safe work environment where women can thrive without fear of harassment or discrimination.

According to a survey by the Indian National Bar Association, about 70% of women do not report sexual harassment at work. It highlights the need for better enforcement and awareness.

5. Women’s Reservation Bill

The Women’s Reservation Bill, which proposes to reserve 33% of seats in the Lok Sabha and state legislative assemblies for women, is a significant legislative focus in India. Although it has not yet been passed, its implementation would ensure greater representation of women in politics. Moreover, it will address the gender disparity in political participation.

The Constitution (106th Amendment) Act, 2023, mandates one-third reservation of seats for women in the Lok Sabha, State legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi. This reservation will include seats reserved for SCs and STs. This reservation will take effect after the next census and last for 15 years, extendable by parliamentary action.

The rotation of reserved seats will be governed by parliamentary legislation after each delimitation process. Currently, women constitute about 15% of the 17th Lok Sabha and 9% on average in state legislative assemblies. Despite earlier unsuccessful attempts in 1996, 1998, 1999, and 2008, this amendment requires adherence to the “Triple Test” as laid down by the Supreme Court.

6. Beti Bachao Beti Padhao (BBBP) Scheme

The Beti Bachao Beti Padhao (BBBP) scheme was launched in 2015 to address the declining child sex ratio and promote the education and empowerment of the girl child. The scheme focuses on changing societal attitudes towards girls through awareness campaigns and improving access to education.

As of 2020, the scheme has been expanded to cover all 640 districts of India. The decline in the Child Sex Ratio (CSR), which measures the number of girls per 1000 boys between 0 and 6 years of age, has been persistent since 1961. The CSR dropped from 945 in 1991 to 927 in 2001 and further to 918 in 2011, indicating a concerning trend. This decline is a significant indicator of gender inequality and women’s disempowerment in society.

The decreasing CSR reflects both pre-birth discrimination through gender-biased sex selection practices and post-birth discrimination against girls. Social norms that favour boys over girls contribute to this imbalance, alongside the easy availability, affordability, and misuse of diagnostic tools for sex determination.

Gender equality laws: The need for Beti Bachao, Beti Padhao

To address this issue, the Government has launched the Beti Bachao Beti Padhao initiative, which aims to ensure the survival, protection, and empowerment of the girl child through coordinated, multi-sectoral interventions across all districts of the country. The Ministry of Women & Child Development, the Ministry of Health & Family Welfare, and the Department of School Education & Literacy under the Ministry of Education jointly lead this initiative.

The final thoughts on gender equality laws

The recent legislative advancements are a testament to the growing recognition of the importance of gender equality. These pro-women laws not only protect and empower women but also contribute to building more inclusive and equitable societies. As these laws are implemented and enforced, it is crucial to continue advocating for women’s rights and working towards a world where gender equality is the norm, not the exception.

Research Sources

Disclaimer: The views expressed in this article are based on the writer’s insights, supported by data and resources available both online and offline, as applicable. Changeincontent.com is committed to promoting inclusivity across all forms of content, which we define broadly to include media, policies, law, and history—encompassing all elements that influence the lives of women and gender-queer individuals. Our goal is to promote understanding and advocate for comprehensive inclusivity.

Gender equality laws paving the way for women’s empowerment