EMPOWERING WOMEN THROUGH JUDICIAL ACTION: AN ANALYSIS OF COURT-LED LEGAL REFORMS IN INDIA

Abstract

This paper explores the significant role of the Indian judiciary in promoting women's empowerment and ensuring gender justice in a patriarchal society. Despite a comprehensive legal framework aimed at safeguarding women’s rights, enforcement remains weak. Through judicial activism and transformative interpretations of the Constitution, the judiciary has addressed legislative gaps and systemic discrimination. Landmark judgments such as Vishaka v. State of Rajasthan, Air India v. Nargesh Meerza, and Shah Bano v. Mohammed Ahmed Khan exemplify the courts’ intervention in areas including workplace safety, personal liberty, maintenance rights, and employment equality. The judiciary has often acted where the legislature failed to respond effectively. However, challenges such as judicial bias and limited application to personal laws persist. This study highlights the judiciary’s dual role as a protector and promoter of women's rights and argues for institutional sensitization to ensure consistent and inclusive justice for all women.