Shattering the Phallocentric Barriers: Examining Gender Jurisprudence in the Context of Women’s Reservation and Political Empowerment in India

Authors

  • Rajeev Kumar Singh Amity Law School, Amity University, Uttar Pradesh, Lucknow
  • Anushka Trivedi Advocate, Uttar Pradesh, Lucknow

DOI:

https://doi.org/10.59698/quru.v3i3.429

Keywords:

Gender, Women’s Reservation, India, Jurisprudence, Women’s Political

Abstract

The Women’s Reservation Act of 2023 represents a landmark legal effort to promote gender equality in India’s political system. Despite progress in education and employment, women’s political participation, especially among marginalized groups such as Dalits, tribal communities, and religious minorities, remains limited due to intersecting forms of discrimination. This study aims to analyze the impact of the Women’s Reservation Act on the political representation of marginalized women, examining how intersectionality shapes their experiences and the extent to which the law addresses structural barriers. The research employs a qualitative approach, including a thorough review of relevant literature, legal analysis, and case studies focusing on underprivileged women’s political participation. This method allows for an in-depth understanding of the Act’s implementation challenges and its effects on marginalized groups. The Women’s Reservation Act is a crucial step toward enhancing women’s political empowerment; however, its success in combating intersecting discrimination depends on addressing deeper social and institutional obstacles. The study highlights the need for targeted interventions and policy reforms to ensure that political inclusion under the Act genuinely benefits all women, particularly those from marginalized backgrounds, thus paving the way for a more inclusive and representative democracy.

References

Akhtar, Syed Faraz, and Zigisha Pujari. “Recent Legislative Developments Impacting Women’s Rights In India: Progress, Challenges And Socio-Legal Implications.” UGC CARE Journal 48, no. 2 (2024): 162–72.

Banerjee, Mouli, and Shirin M Rai. “Great Expectations: Can the New Quota for Women Change Representative Politics in India.” In The India Forum, 2023.

Batliwala, Srilatha, and Deepa Dhanraj. “Gender Myths That Instrumentalize Women: A View from the Indian Front Line.” Feminisms in Development: Contradictions, Contestations and Challenges 35, no. 4 (2007): 11–18.

Besra, Sarathi. “Political Empowerment of Tribal Women in India: A Review.” Department of Public Administration Utkal University, Vani Vihar, Bhubaneswar 55 (2022).

Buche, Kalyani. “Indian Women at the Crossroads: A Critical Study of Intersectionality of Laws.” Culture, Identity and Humanities, 2025, 17.

Burek, Wojciech. “Validity and Review of Reservations.” In Preventing and Combating Violence Against Women and Domestic Violence, 830–45. Edward Elgar Publishing, 2023.

Deshpande, Ashwini. “Quest for Equality: Affirmative Action in India.” Indian Journal of Industrial Relations, 2008, 154–63.

Giorgi, Alberta. “Religious Feminists and the Intersectional Feminist Movements: Insights from a Case Study.” European Journal of Women’s Studies 28, no. 2 (2021): 244–59.

Haq, Rana. “Intersectionality of Gender and Other Forms of Identity: Dilemmas and Challenges Facing Women in India.” Gender in Management: An International Journal 28, no. 3 (2013): 171–84.

India Const. Art. 330a, Amended By Constitutional (One Hundred And Sixth Amendment) Act, 2023

Jahan, Ishrat. “Dalit Woman Oppression: An Unsolved Issue in India after Freedom.” Indian Journal of Lifelong Learning and Development, 2015, 31.

Jain, Mahimaa. “A Study on Women’s Reservation in the Legislature and Its Impact: International and Municipal Sphere.” Nyaayshastra L. Rev. 3 (2022): 1.

Jarratt-Snider, Karen, and Marianne O Nielsen. “4. Restoring Tribal Criminal Jurisdiction with the Violence against Women Act.” In Indigenous Justice and Gender, 83–104. University of Arizona Press, 2023.

Kannabiran, Kalpana. “Political Reservation for Women: The (Un) Making and Futures of the Constitution (106th Amendment) Act, 2023.” Social Change 54, no. 1 (2024): 36–53.

Karia, Dhruvi. “Empowering Equality: Addressing Women’s Underrepresentation in Indian Politics.” Indian Journal of Social Science and Literature (IJSSL) 4, no. 3 (2025): 33–38.

Kaufman, Eileen. “Women and Law: A Comparative Analysis of the United States and Indian Supreme Courts’ Equality Jurisprudence.” Ga. J. Int’l & Comp. L. 34 (2005): 557.

Kaushik, Anupma, and Radha Kumari. “Poverty Among Women: A Case Study of Dalit Women of Bihar (India).” POVERTY ALLEVIATION IN INDIA ISSUES & CHALLENGES, n.d., 93.

Kumar, Gautam, and Minaketan Behera. “Affirmative Action in New India: Evaluation of Caste-Based Reservation Policy and Debate Around Economic Criteria.” Social Change 55, no. 1 (2025): 7–22.

Kumari, Dolly. “WOMEN EMPOWERMENT: OBSTACLES AND SUGGESTIONS.” Towards Equality: Multidisciplinary Perspectives on Womens Empowerment, n.d., 186.

Lata, Kusum. “Gender Equity for Women in Political Leadership in India.” In Enhancing Workplace Productivity Through Gender Equity and Intergenerational Communication, 427–48. IGI Global Scientific Publishing, 2025.

Luschinsky, Mildred Stroop. “The Impact of Some Recent Indian Government Legislation on the Women of an Indian Village.” Asian Survey, 1963, 573–83.

Menon, Nivedita. Gender and Politics in India. Oxford University Press New Delhi, 1999.

Mohajan, Haradhan Kumar. “Qualitative Research Methodology in Social Sciences and Related Subjects.” Journal of Economic Development, Environment and People 7, no. 1 (2018): 23–48.

Nazish, Mohd. “CEDAW and Political Empowerment of Women in India: An Analysis of Women Reservation Act 2023,” 2024.

Nithish, Kumar N P, B Golul, N Arunkumar, and Vishal Anand. “Analysing the Challenges of Women Reservation.” Issue 6 Int’l JL Mgmt. & Human. 6 (2023): 1104.

Nizar, Senu, and Mayank Pandey. “Application of Horizontal Reservation for Women in India: The Conundrum Resolved by the Supreme Court.” Indian Law Review 7, no. 1 (2023): 137–45.

Ohlan, Ramphul. “Muslim Women in India: Status of Demographic, Socioeconomic and Health Inequalities.” Journal of Muslim Minority Affairs 40, no. 3 (2020): 429–40.

Parveen, Shireen, and Md Iftekhar Hussain. “Political Participation and Empowerment of Women: A Study on Panchayat Raj Institutions in India from 1993 to 2024.” International Journal of Political Science and Governance 6, no. 1 (2024): 342–45.

Patawari, Simran, and Stuti Dave. “Critical Analysis of Interlocking in the Indian Reservation System: Focusing on Women Reservation.” Issue 3 Int’l JL Mgmt. & Human. 4 (2021): 352.

Patel, Vibhuti. “Women Reservation Act, 2023 and Participation of Women in the Electoral Politics of India.” IMPACT AND POLICY RESEARCH, 2022, 72–85.

Raghavan, Rashmi. “Stolen by Wolves: A Critique on the Supreme Court’s Understanding of Women’s Reservations in India.” Nat’l L. Sch. India Rev. 35 (2023): 169.

Rani, Manju. “Challenges Faced by Dalit Women in Higher Education with Respect to Uttar Pradesh.” International Journal of Creative Research Throughs (IJCRT) 11, no. 12 (2023): 34–38.

Rani, Pooja. “Gender Equality and Women’s Empowerment in Law in India.” Knowledgeable Research A Multidisciplinary Journal 2, no. 05 (2023): 20–35.

Reddy, P Ram, R Venugopal, and T Narahari. “Women Entrepreneurship in India: Opportunities and Challenges.” Madhya Bharti-Humanities and Social Sciences 85, no. 12 (2024): 45–60.

Rohmawati, Pipin Indra, Satria Rizaldi Alchatib, and Setyasih Harini. “Peran UN Women Terhadap Gender-Based Violence Di India: Studi Kasus Perempuan Kasta Dalit 2016-2018.” Jurnal Alternatif-Jurnal Ilmu Hubungan Internasional 14, no. 2 (2023).

Sharan, Manisha. “Awareness and Impact of Reservation on Different Groups of the Indian Society.” Available at SSRN 4759454, 2024.

Ukrani, Anushka. “An Anti-Discrimination Law for India: An Analysis of the Equality Bill, 2021.” DME Journal of Law 2, no. 01 (2021): 85–93.

Vaishnavi, P, and P Ramesh. “Constraints Faced and Suggestions Offered by Women Self Help Group Members in Cuddalore District, India.” Advances in Research 25, no. 4 (2024): 110–14.

Varghese, Titty. “Women’s Political Participation and Leadership in India: Examining the Challenges.” Viešoji Politika Ir Administravimas 19, no. 1 (2020): 111–25.

Downloads

Published

2025-09-01

How to Cite

Rajeev Kumar Singh, & Anushka Trivedi. (2025). Shattering the Phallocentric Barriers: Examining Gender Jurisprudence in the Context of Women’s Reservation and Political Empowerment in India. QURU’: Journal of Family Law and Culture, 3(3), 283–308. https://doi.org/10.59698/quru.v3i3.429

Issue

Section

Articles