The concept of "Gender & Women" in India is a constitutional principle and a socio-legal framework for achieving gender equality and women's empowerment. The principle is enshrined in the Preamble, Fundamental Rights, and Directive Principles of the Constitution of India, which came into effect on January 26, 1950. This framework was established to neutralize the cumulative socio-economic, educational, and political disadvantages faced by women in a male-dominated society.
The mechanism works through specific constitutional provisions: Article 14 guarantees equality before the law, and Article 15(1) prohibits discrimination on grounds including sex. Crucially, Article 15(3) empowers the State to make special provisions for women and children, enabling positive discrimination. Furthermore, Article 16 ensures equality of opportunity in public employment, and Article 42 directs the State to secure just and humane conditions of work and maternity relief.
This constitutional foundation connects to several key legislative acts, such as the Protection of Women from Domestic Violence Act, 2005, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013. It also connects to institutions like the National Commission for Women, a statutory body set up in January 1992. The 73rd and 74th Constitutional Amendment Acts of 1992 mandated one-third reservation of seats for women in Panchayats and Urban Local Bodies.
The concept has changed recently with the enactment of the Constitution (106th Amendment) Act, 2023 (Nari Shakti Vandan Adhiniyam), which provides for 33% reservation for women in the Lok Sabha and State Assemblies, though its implementation is pending delimitation. Conceptually, while the Constitution uses "sex," the legal landscape has expanded to include "gender identity" following the Supreme Court's recognition of the "third gender" in the NALSA v. Union of India judgment and the subsequent Transgender Persons (Protection of Rights) Act, 2019.