Lakshmi Chebolu
Indian constitutional feminism offers a distinctive lens through which to examine the role of legal frameworks in advancing gender equality. The Indian Constitution provides significant protections and guarantees for women's rights through provisions such as Articles 14, 15 and 16, which secure equality before the law and prohibit discrimination on the ground of sex. In practice, however, these protections are often undermined by religious personal laws, socio-economic inequality and patriarchal norms. This study compares Indian constitutional feminism with other national frameworks: the United States, where gender equality depends largely on judicial interpretation in the absence of explicit constitutional guarantees; South Africa, which commits robustly to gender rights through express constitutional provisions and gender equality institutions; and the Nordic countries, which integrate gender equality directly into constitutional and societal norms. The Indian model reflects both progressive ideals and significant challenges. Judicial activism has played a crucial role in advancing women's rights, as the Vishaka guidelines and the invalidation of instant triple talaq illustrate, but legal reform is often met with resistance grounded in cultural and religious tradition. Intersectional questions of caste, class and the rural-urban divide further expose the limits of constitutional feminism in addressing the needs of all women. This comparative study reveals that while India's constitutional framework for gender equality is among the most progressive in the Global South, its implementation is hindered by deep-seated cultural practices and legal complexity. The study highlights the need for reforms that not only advance legal rights but also address the socio-cultural factors that prevent Indian women from fully realising their constitutional freedoms.