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Background
The major portion of the Indian subcontinent was under British rule from 1857 to 1947. When the
Constitution of India came into force on 26 January 1950, it repealed the Indian Independence Act.
It was drafted by the Constituent Assembly, which was elected by elected members of the provincial
assemblies.[10] The 389 member Constituent Assembly took almost three years
The original 1950 Constitution of India is preserved in helium cases in the Parliament house, New
Delhi. There are two original versions of this – one in Hindi and the other in English
Structure
The Indian constitution is the world's longest.[Note 1] At its commencement, it had 395 articles in 22
parts and 8 schedules. [23]
The rights available to woman (ladies) in India can be classified into two categories, namely as
constitutional rights and legal rights. The constitutional rights are those which are provided in the
various provisions of the constitution. The legal rights, on the other hand, are those which are
provided in the various laws (acts) of the Parliament and the State Legislatures.
The rights and safeguards enshrined in the constitution for women in India are listed below:
1. The state shall not discriminate against any citizen of India on the ground of sex [Article
15(1)].
2. The state is empowered to make any special provision for women. In other words,
this provision enables the state to make affirmative discrimination in favour of women
[Article 15(3)].
3. No citizen shall be discriminated against or be ineligible for any employment or office under the
state on the ground of sex [Article 16(2)].
4. Traffic in human beings and forced labour are prohibited [Article 23(1)].
5. The state to secure for men and women equally the right to an adequate means of livelihood
[Article 39(a)].
6. The state to secure equal pay for equal work for both Indian men and women [Article 39(d)].
7. The state is required to ensure that the health and strength of women workers are not
abused and that they are not forced by economic necessity to enter avocations unsuited to
their strength [Article 39(e)
The following various legislation’s contain several rights and safeguards for women:
The Indian constitution accords rights to children as citizens of the country, and in keeping
with their special status the State has even enacted special laws. The Constitution,
promulgated in 1950, encompasses most rights included in the UN Convention on the
WEAKER SCTIONS
Apart from these rights, our constitution also provides right to the minority
communities (under article 30) to establish and administered educational
institutions based on their religion and language.
Under the Constitution of India, there are various provisions to safeguard the
rights of minorities.[7] Preamble of the Constitution declares India to be a
secular state.[8] Article 15 prohibits any sort of discrimination on the grounds of
race, religion, caste, sex, descent, place of birth or residence.[9] Article 16 also
prohibits any sort of discrimination when it comes to public employment, on the
basis of religion, caste, language, race and so on.[10] This guarantees equal
employment opportunities to all the Indian citizens in case of government
offices.
The right to profess, practice and propagate any religion has been guaranteed
to every person as a fundamental right under Article 25 of the Indian
Constitution. This article allows the minority communities to follow their beliefs
and practices without any hindrance as long as it does not hamper public order,
morality and health of any person.[11] But the State can regulate the secular
activities related to religious practices such as financial, political, economic
activities.[12]
Article 26 gives the freedom to the religious denominations or any such sections
to manage their own religious affairs including managing institutions for
religious and charitable purpose
Article 28 prohibits state funded educational institutions from providing religious
instructions unless there is a requirement in the terms of the endowment or
trust, by which the institution has been established, regarding imparting such
religious instruction.[15] It also gives the person attending any educational
institution the right to not participate in any religious instruction imparted by
the institute.[16]
Article 29 of the Constitution provides the citizens with the right to conserve
their language, script and culture; as well as guarantees that they would not be
denied admission into any educational institution based on their race, language,
religion or caste.