Law For Her, Not By Her: Why Feminist Legal Reform Must Include Women's Voices

In the sprawling tapestry of Indian democracy, the Constitution holds out the promises of equality, justice, and dignity to all.

- Dr. Abhijit Mishra & Apurva Tiwari

Yet, when it comes to making laws that govern half of the population—women—those heard most often are not the voices of women. Feminist legal theory teaches us that law is not a neutral instrument. It embodies the social and political power equations of the society in which it is born. For all the legal reforms that have aimed to protect and empower women over the decades, the persistent invisibility of women's voices and perspectives from India's courts, legislatures, and corridors of power poses deep questions.

How can laws genuinely speak to the realities and rights of women if they are formulated in predominantly male spaces? How can justice be served when those who interpret and execute the law lack the lived experience of gendered injustice? India's legal landscape has witnessed tremendous changes since Independence, yet gender imbalance in its institutions of law continues to be striking. As of 2025, only three judges out of thirty-four in the Supreme Court are women. In the twenty-five high courts across India, less than 15% of judges are women. This gender imbalance is reflected in the lower judiciary as well as in tribunal bodies, law reform committees, and committees that decide on vital national policies.

In the political realm, the women's reservation bill, proposing 33% reservation for women in Parliament and State Assemblies, was finally passed in 2023—but its implementation has been delayed until after the next census and delimitation. This obdurate-paced reform perpetuates the marginalization of women from the same spaces where laws are debated, created, and reformed.