Dakshayani Velayudhan Digital Archive
for Constitutionalism and Gender Rights
India has enacted several pieces of legislation aimed at promoting gender justice and addressing issues related to women’s rights and equality. It is important to note that despite the existence of these laws, challenges persist in ensuring their effective implementation and addressing cultural and societal attitudes that contribute to gender-based discrimination. Ongoing efforts are being made to strengthen legal frameworks and promote gender justice in India by the government, non-governmental organizations, and activists to address these issues. Legal reforms, awareness campaigns, and advocacy for women’s rights are ongoing, but addressing deeply ingrained social norms requires a comprehensive and sustained effort from all segments of society. It is an effort to continue fostering a culture of gender equality and empowerment to create lasting change.
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The Commission of Sati (Prevention) Act, 1987
The Commission of Sati (Prevention) Act, 1987 stands as a pivotal piece of legislation in India’s fight for gender justice by unequivocally outlawing the barbaric practice of sati, where widows are pressured or coerced to immolate themselves on their husbands’ funeral pyres. Section 3 criminalizes the attempt to commit sati, while Section 4 prescribes stringent…
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The Dowry Prohibition Act, 1961
The Dowry Prohibition Act, 1961 was enacted on 20 May, 1961. The Act stands as a cornerstone in struggle for gender justice by addressing the deep-rooted social evil of dowry. The Act criminalises demanding, giving, or accepting dowry, with punishable offences outlined in Sections 3 and 4. This legal framework aims to dismantle the societal…
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The Equal Remuneration Act, 1976
The Equal Remuneration Act (ERA), 1976 was enacted on 11, February, 1976. It is a pivotal piece of legislation in India’s pursuit of gender justice by addressing the persistent issue of the gender pay gap. Some of the important aspects of the Act are, Section 4, mandates equal pay for “the same work or work…
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The Immoral Traffic (Prevention) Act,1956
The Immoral Traffic (Prevention) Act,1956 was enacted on 30 December,1956. The Act aims to eliminate sex trafficking and exploitation. Initially, the Act was titled as ‘The Suppression of Immoral Traffic in Women and Girls Act,1956(SITA)’ which was amended in 1986 to change its title, scope, approach and some other significant changes. The Act criminalizes various…
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The Indecent Representation of Women (Prohibition) Act, 1986
The Indecent Representation of Women (Prohibition) Act,1986 was enacted on 2 October, 1987. It addresses gender justice by combating the objectification and denigration of women through indecent representations in advertisements, publications, and other media (Section 2). The Act empowers authorities to take action against depictions deemed indecent through written complaints and inspections (Sections 8 and…
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The Medical Termination of Pregnancy Act, 1971
The Medical Termination of Pregnancy Act (MTP Act) 1971 was enacted on 10, August 1971. It stands as a crucial pillar of gender justice in India by legalizing and regulating access to safe abortion under specific circumstances. Sections 3 and 4, along with the 2003 amendment empowering women over 18 to seek abortion without spousal…
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The National Commission for Women Act, 1990
The National Commission for Women Act, 1990 was enacted on 30, August, 1990. Through this Act a statutory body with power to investigate and address violations of women’s rights in India was established. This Commission, composed of a chairperson and five Members. It plays a crucial role in advancing gender justice through its functions. Section…
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The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994
The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 was enacted on 20, September 1994. It aims to prevent the harmful practice of female feticide in India. Section 3B prohibits sex selection before or after conception, including the sale of ultrasound machines to unregistered entities. Also, Section 4 regulates pre-natal diagnostic techniques (PNDTs) like ultrasounds,…
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The Protection of Women from Domestic Violence Act, 2005
The Protection of Women from Domestic Violence Act, 2005, enacted on 13, September, 2005, stands as a significant milestone in India’s pursuit of gender justice. Recognizing domestic violence in all its forms of physical, emotional, sexual, economic, and verbal. The Act empowers women in relationships of various kinds, including marriage, cohabitation, and relationships with family…