Women-Led Development and Gender Justice

Syllabus: GS2/ Social Justice

Context

• The National Commission for Women (NCW) held a consultation on women’s right to property and their access to social and economic justice. 

About 

• Women’s empowerment involves enabling women to exercise their rights, access resources, make independent choices and participate equally in social, economic and political life.
• Women-led development seeks to recognise women not merely as beneficiaries of development programmes but as active participants and leaders in shaping institutions, communities and the economy.

Distributive vs. Compensatory Justice

• Distributive justice focuses on the fair distribution of resources, opportunities and capabilities to address structural inequalities and enable individuals to participate meaningfully in development.
• Compensatory justice seeks to remedy existing or past disadvantages through protective measures, targeted assistance, legal remedies and compensation for harm suffered.

Constitutional and Legal Framework for Women’s Property Rights

• Article 14 guarantees equality before the law and equal protection of the laws, while Article 15 prohibits discrimination on grounds including sex.
  • Article 15(3) permits the State to make special provisions for women and children.
• Article 300A provides that no person shall be deprived of property except by authority of law.
• The Hindu Succession Act, 1956, as amended in 2005, gave daughters equal coparcenary rights in Hindu joint family property.
• The Hindu Marriage Act, 1955 and Special Marriage Act, 1954 in addition to the laws relating to maintenance, and inheritance have progressively strengthened women’s legal position regarding their right to property.

Judicial Intervention

• The Supreme Court in Air India Statutory Corporation v. United Labour Union (1996) held that the Preamble and Articles 38, 39, and 46 aim to establish an egalitarian social order and that distributive justice is a foundational constitutional goal to restructure the economic order. 
• The Supreme Court in Consumer Education and Research Centre v. Union of India (1995) emphasised that socio-economic and distributive justice are integral components of the right to life and human dignity under Article 21 of the Constitution.
• The Supreme Court in Vineeta Sharma v. Rakesh Sharma (2020) held that daughters have equal coparcenary rights by birth in Hindu joint family property, just as sons do.

What are the Challenges?

• Patriarchal social norms: Women are often expected to relinquish their inheritance in favour of male relatives, while family and community pressures discourage them from asserting their legal rights.
• Gap between legal rights and actual ownership: The existence of statutory protections does not automatically translate into women acquiring, retaining or exercising control over property and productive assets.
• Barriers to access to justice: Litigation costs, procedural delays, limited access to legal aid and dependence on family members prevent women from pursuing property claims.

Government Initiatives for Women’s Empowerment

• Beti Bachao Beti Padhao: The initiative seeks to address gender-biased sex selection and promote the survival, protection and education of the girl child.
• National Legal Services Authority (NALSA): The legal services framework provides eligible women access to free legal aid and assistance to pursue their rights before courts and other legal forums.
• Mission Shakti: The Ministry of Women and Child Development implements this umbrella programme through its Sambal and Samarthya components to strengthen women’s safety, security and empowerment.
• NAVYA (Nurturing Aspirations through Vocational Training for Young Adolescent Girls) focuses on girls aged 16–18 years under PMKVY 4.0.
  • Launched in 2025, the programme introduces young women to digital marketing, cybersecurity, AI-enabled services, and environmentally sustainable jobs.
• Pradhan Mantri Matru Vandana Yojana (PMMVY): Under the scheme, women receive ₹5,000 in two instalments for the first living child and ₹6,000 for the second child (girl child only).
• The Vigyan Jyoti Scheme supports girls from Classes IX to XII to study STEM through mentoring, lab exposure, workshops, and guided support. 

Way Ahead

• Enforcement of existing laws: Priority should be given to implementing existing property and inheritance laws along with resolving disputes.
• Strengthen legal literacy: Self-Help Groups (SHGs), Panchayati Raj Institutions and local legal services authorities can work together to inform women about inheritance rights, documentation and available remedies.
• Improve access to justice: Legal aid, community-level assistance, simplified procedures and time-bound grievance redressal can make it easier for women to enforce their rights.

Source: TH