Women’s Right and the Indian Constitution

Chapter – 4
Women’s Right and the Indian Constitution
4.1 Introduction: The framers of the Indian Constitution were inspired by the
Universal Declaration of Human Rights and they saw to it that the essence and the
Spirit of the Universal Declaration was incorporated in the Constitution. The
inspiration is evident in the Preamble to the Constitution which declares:
“We, the people of India, having solemnly resolved to constitute India into a
Sovereign, Socialist, Secular, Democratic, Republic and to secure to all its citizens:
Justice, social, economic and political:
Liberty of thought, expression, belief, faith and worship;
Equality of status and of opportunity Fraternity assuring the dignity of the individual
and the (unity and integrity of the Nation);
In our Constituent Assembly this Twenty-sixth day of November, 1949 to hereby
adopt, enact and give to ourselves this Constitution.”
Human rights are an integral part of the concept of human dignity which are
protected by different provisions of the Constitution of India. It is a harsh reality that
women have been ill-treated in every society for ages and India is not an exception to
this universal problem. The irony lies in the fact that in our country where women are
worshipped as ‘shakti’, the atrocities are committed against her in all sections of the
life. She is being looked down as commodity or as a slave, she is not only robbed of
her dignity and pride outside her house but she also faces ill-treatment and other
atrocities within the four walls of her house also. The women are being considered as
an object of male sexual enjoyment and reproduction of children.
Women are deprived of economic resources and are dependent on men for
their living. Women works are often confined to domestic sphere, she has to do all
house hold works, which are not recognized and unpaid. In modern times many
women are coming out to work but has to shoulder double responsibility, one she has
to work where she is employed and secondly she also has to do all the house hold
works, moreover, she is the last to be considered and first to be fired as she is
considered to be less productive that her counterpart. Her general status in the family
and in the society has been low and unrecognized.

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Law cannot change a society overnight, but it can certainly ensure that the
disadvantages are not given a raw deal. However, the courts can certainly go beyond
mere legality insulting women against injustice suffered due to biological and
sociological factors. Indian judiciary has been very sensitive to women and women
related issues. The apex court took special interest in discharging its legal and
constitutional obligations and safeguarding the interest of women in changing
situation and societal demands.
The battle for gender justice has been a long –drawn struggle. The sustained
efforts of several social reformers, even in the face of resistance from social
orthodoxy, have given impetus to the course of gender justice. Constitutional
provisions, various laws and judgments of courts have made their own contribution to
the cause of gender justice. However, more fundamental is the work and role of social
reformers who sought to change the mindset of orthodox, tradition-bound society and
usher in women’s reforms in the social, economic and educational fields.

Hence there is a need to address vital issues for creation of maternity fund, ban
on sex determination tests, reservation for women in government jobs, treating bride
burning and dowry deaths as murders, provisions of public toilets and smokeless
chulhas in villages, more hostels for single women in urban areas, making them as
joint owners of house and land and making women co-sharers in the wealth and
incomes of their husbands to bring women at par with men in the real sense.
4.2. Gender Justice and the Indian Constitution: The elimination of gender-based
discriminations is one of the fundamentals of the constitutional edifice of India. In
fact the constitution empowers the state to adopt measures of positive discrimination
in favor of women for neutralizing the cumulative discriminations and deprecations’
which women face.
Constitution of India has done a magnificent job in ensuring gender justice in
the supreme law of the country. The preamble to the Constitution, inter alia, assures
justice, social economic and political, equality of status and opportunity and dignity of
the individual. It recognizes women as a class by itself and permits enactment of laws
and reservations favoring them. Several articles in our Constitution make express
provision for affirmative action in favor of women. It prohibits all types of

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discrimination against women and lays a carpet for securing equal opportunity to
women in all walks of life, including education, employment and participation.
The commitment to gender equality is well entrenched at the highest policy
making level in the Constitution of India. A few important provisions for women are
mentioned below in brief.
4.3. Fundamental Rights (Part III): Article 14 of the constitution of India ensures to
women the right to equality. Article 15(1) specifically provides for affirmative and
positive action in favor of women by empowering the state to make special provisions
for them; and the article 16 of the Constitution provides for equality of opportunity to
all, in matters relating to public employment or appointment to any office and
specifically forbids discrimination inter-alia on the ground of sex. These articles are
all justiciable and form on the basis of our legal Constitutional history.
4.4. Directive Principles of State Policy (Part IV): Article 38 requires the State to
secure a social order in which justice social, economic and political for the promotion
of welfare of the people. It requires the state to strive to eliminate inequalities in
status, facilities and opportunities. Clearly the intention of the makers of the
Constitution was to ensure that equality would not be only of opportunity but in
reality.
Article 39 puts down the principles of policy to be followed by the state which
include that the state should direct its policy toward securing the right to an adequate,
means of livelihood, that there is equal pay for equal work, that the health and
strength of workers men and women, are not abused and that citizens are not forced
by economic necessity to enter avocations unsuited to their age or strength.
Article 42 requires the state to make provision for securing just and humane
conditions of work and for maternity relief. Article 46 requires the state to promote
with special care the education and economic interest of the weaker sections of the
citizen. Clearly then the objective is to strive towards a gender just society.

4.5. Fundamental Duties (Part IV: A): In part IV:A of the constitution incorporated
through 42nd Amendment Act, 1976, our natural obligation to renounce practices
derogatory to the dignity of women has been elevated to the status of fundamental
duty by article 51:A. The Equal Remuneration Act, 1976, t6he Maternity Benefit Act,

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1961, the Dowry Prohibition Act, 1961 and the Immoral Traffic (Prevention) Act,
1956 are some of the enactments which owe their existence to the above mentioned
provisions of the Indian Constitution.
4.6. The Constitution 73rd and 74th Amendments Act of 1993: The 73rd and 74th
Amendments (1993) to the Indian constitution have served as a major break through
towards enhancing the women’s participation in democratic process. These
amendments provided for reservation of 33.33 per cent of elected seats. There is also
a one-third reservation for women of posts of chairpersons of these local bodies. This
is likely to be widened by constitutional amendment for women’s representation in
legislatures by reservation.
However, it must be remembered that guaranteeing a right in law does not
ensure the ability to access the right in reality. The fact that the historical subjection of
women has not come to an end is constantly before us in the form of the reducing
number of women in each census. It is falling at an alarming rate which is a matter of
concern. Similarly crimes against women have been on the increase. Incidents of rape,
sexual assault, sexual harassment, domestic violence, cheating etc. have been growing
not only in numbers but also in intensity and brutality. The statistics provided by the
Crime Bureau of India brings this before us every year. These statistics only reveal
the numbers of reported cases. One can easily imagine how much bigger the number
would be if one were to take into account the numerous unreported cases. In addition,
in the context of an expanding market economy, there has been the increasing
objectification of women in the advertisements and the media. Parliament has from
time to time either made amendments to the existing laws or enacted new laws to
address these various concerns.
Judicial Approach towards Gender Justice: The Supreme Court in Muthamma v.
Union of India (1979) 4 SCC 260 and Air India v Nagresh Mirza AIR 1981 SC 1829
Struck down discriminatory service conditions requiring female employees to obtain
government permission before marriage and denying married and pregnant women
the right to be employed.
In Vishaka v State of Rajasthan AIR 1997 SC 3011 the Supreme Court
observed that equality in employment can be seriously impaired when women are
subjected to gender-specific violence, such as sexual harassment in the workplace.

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Therefore, the Supreme Court issued guidelines to ensure that the women have equal
working conditions and are protected from sexual harassment. Vishaka was public
interest class action and came up before Supreme Court of India at the instance of
certain social activists and Non-Government Organizations (NGOs) seeking to
prevent sexual harassment of working women in all work places. Their grievance was
that while working women remained vulnerable to this, neither the legislature nor the
executive government was taking any effective preventive measure in this behalf.
Therefore, the plaintiffs approached the apex court for the enforcement of the
fundamental rights of the working women as guaranteed by the Constitution.
This was endorsed in Apparel Export Promotion Council v. A. K. Chopra AIR
1999 SC 625 in which disciplinary proceedings for sexual harassment leading to
dismissal from service were upheld by the Supreme Court.
In Cases relating to public employment, the courts have quashed the
discriminatory provisions that gave advantages to men and imposed disabilities on
women. In Maya Devi v. State of Maharashtra 1986(1) SCR 743 the requirement of
husband’s consent for wife’s application for public employment was struck down as
an anachronistic obstacle to women’s equality and economic justice.
Since article (15(3) itself hints substantive approach, its application for giving
special educational facilities, for giving representation in local bodies and for
protection in places of work has a substantive dimension. Upholding a service rule
that preferred women in recruitment to public employment to the extent of 30% of
posts, the Supreme Court stated in Government of A. P. v. P. K. Bijayakumar AIR
1995 SC 164 to say that under Article 15(3) job opportunities for women cannot be
created would be to cut at the very root of the underlying inspiration behind this
Article Making special provision for women in respect of employments or posts under
the state is an integral Part of Article 15(3)”.
The subordinated position of Christian woman, who was denied equal right in
the matter of divorce against her husband, was brought to the limelight by way of
anti-subordination interpretation in Ammini E.J. v. Union of India AIR 1995 Ker 252
Referring to the life of Christian wife being compelled to live as wife against her will
the High Court of Kerala observed, It will be a humiliating and oppressed life without
freedom to remarry and enjoy life in the normal course. It will be a life without

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freedom to uphold the dignity of the individual in all respects. The Court quashed the
impugned provision as violative of articles 14, 15 and 21.

In Mackinnon Mackenzie & Co. Ltd. v. Audrey D’Costa, AIR 1987 SC 1281
the court observed that there was discrimination in payment of wages to lady
stenographers and such discrimination was being perpetuated under the garb of a
settlement between the employees and the employer. The Court finally not only made
it mandatory to pay equal remuneration to lady stenographers as their male
counterparts but also observed that the ground of financial incapability of the
management cannot be a ground to seek exemption from the equal Remuneration Act,
1976.
Interpretation of the guardianship law in the light of Article 15 by the Supreme
Court in Githa Hariharan v. Reserve Bank of India AIR 1999 SC 1149 could equate
the position of mother to that of father in the matter of guardianship.
All the wings and layers of government legislature, executive and judiciary at
central, state and local levels have the responsibility towards empowerment of
women.
Legislature has enacted many laws in bringing about equality between men
and women to fulfill the obligation not only of the international conventions but also
of the Constitution of India. A Combined reading of article 14, 15 and 21 of the
Constitution of India categorically provides that no law can be made or can be applied
which discriminates against women. Law cannot alone remedy the inequalities and
bring about justice, development and empowerment. It can act as a spring board of
doubt of all sections of society required to achieve the ends.
Whatever the causes may be, it is the duty of human to protect the human
rights of those who are victims. Even though the government is trying to take care of
this natural right by formulating various policies, enacting and formulating laws but
these are not enough to tackle this problem unless a strong move to protect the rights
of women is launched by the people’s movement. This is not a one man’s job. Entire
humanity will have to join hands. Gender injustice is a problem that is seen all over
the world. But unless there are certain attitudinal changes, women will continue to get

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at raw deal. They need to be educated. Educated mothers take care of their children
irrespective of the boys or girls.

4.7. Some Land Mark Judgments:

(A) A Woman shall not be denied a job merely because she is a woman: In its
land mark judgment the Apex Court in Air India v. Nergesh Meerza,1 has held that a
woman shall not be denied employment merely on the ground that she is a woman as
it amounts to violation of Article 14 of the Constitution. In the present case where in
airhostesses of Indian Air Lines and Air India have challenged the service rules which
state that:
Airhostesses shall not marry for the first four years of their joining, they will
lose their jobs if they be become pregnant. They shall retire at the age of thirty five
years, unless managing director extends the term by ten years in his discretion.
The Supreme Court suggested that the first provision is legal, as it would help
in promotion of the family planning programmes, and will increase the expenditure of
airlines recruiting airhostesses on temporary or adhoc basis, but the second and third
provisions to be declared as unethical, callous, cruel, detestable, abhorrent,
unreasonable, and unconstitutional and an open insult to Indian womanhood.
Thus, the above decision of the Apex Court has greatly elevated the status of
working woman.
(B) Denial of Seniority promotion on Ground of Sex: Rules regarding seniority and
promotion in the Indian Foreign service was challenged before the Apex Court in
Miss. C. B. Muthamma v. Union of India.2 Where it has been held that the Rules
relating to seniority and promotion in Indian Foreign Service which make
discrimination only on ground of sex is not only unconstitutional but also a hangover
of the masculine culture of hand cuffing the weaker sex. In the instant case a writ
petition was filed before the Apex Court it was contended that she had been denied
promotion to Grade I on the ground of Sex, which violated Article 15 of the
Constitution of India, 1950. The Apex Court allowed the petition and held that Rule
8(2) of the Indian Foreign Service (Conduct and Discipline) Rules, 1961 which

1
AIR 1981 SC 1829.
2
AIR 1979 SC 1868.

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requires that an unmarried woman member should take permission of the Government
before she marries. After marriage, she may be asked any time to resign if it is felt
that her family life affects her efficiency as of right to be appointed to the service
(I.F.S.) contravenes Article 15 of the Constitution. In view of the above decision, now
these provisions have been deleted.
(C) Beauty Contests: Whether Violation of Constitutional Provisions: This
question was raised before the Andhra Pradesh High Court in C. Rajakumari v.
Commissioner of Police, Hyderabad.3 It has been held that if a beauty contest
indecently represents any woman by depicting in any manner the figure of woman,
form, body or any part thereof in such a way so as to have the effect of being
indecent, or derogatory to or degrading women, or likely to deprive, corrupt an injure
the public morality would be volatile of the provisions of the Indecent Representation
of women (prohibition) Act, 1986 and also unconstitutional as it violates Articles 14,
21, and 51:A of the Constitution of India.
(D) Constitutional Validity of Section 497 (i.e. Adultery) of the Indian Penal
Code, 1860: In the offence of adultery Section 497 of the Indian Penal Code, 1860
punishes only the male counterpart and exempt the women from punishment. The
Constitutional Validity of Section 497, I.P.C. was challenged on the ground that it is
violative of Articles 14 and 15 (1) of the Constitution in Abdul Aziz v. State of
Bombay.4 The Apex Court upheld the validity of the provision on the ground that the
classification was not based on the ground of sex alone. The court relied upon the
mandate of Article 15(3) of the Constitution to uphold the validity of the said
provision of the code. However, in the present case the petitioner contended that even
though the woman may be guilty as an abettor, only the man was punished, which
violate the right to equality on the ground or sex.
Section 497 of IPC: Adultery: Whoever has sexual intercourse with a person who is
and whom he knows or has reason to believe to be the wife of another man without
the consent or Connivance of that man, such sexual intercourse not amounting, to the
offence of rape, is guilty of the offence of adultery, and shall be punished with

3
AIR 1998 AP 302.
4
AIR 1994 SC 321.

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imprisonment of either description for a term which may extend to five years, or with
fine, or with both. In such case the wife shall not be punishable as an abettor.
A bare reading of Section 497 of the Indian Penal Code 1860 shows that it
punishes the offence of adultery committed with a married woman without the
consent or connivance of her husband. The main feature of this offence is that the
male offender alone has been made liable.5 This offence is committed by a third
person against a husband in respect of his wife. If an act of sexual intercourse take
place between a married man and an unmarried woman or with a widow or with a
married woman whose husband consents to it, this offence shall not be deemed to
have been committed. It is not required for an offence under this section that the
offender should know whose wife the woman is, but he must know that she was a
married woman.6
In another case7 it was contended that Section 497, I. P. C. is violative of Articles
14 and 15 of the Constitution on the ground that it makes an irrational classification
between men and women in that:
(i) it confers upon the husband the right to prosecute the adulterer but it does
not confer any right upon the wife to prosecute the woman with whom her
husband has committed adultery;
(ii) it does not confer any right on the wife to prosecute the husband who has
committed adultery with another woman and
(iii) it does not take in cases where the husband has sexual relation with an
unmarried woman with the result that it amount to having a free license
under the law to have extra marital relationship with unmarried woman.
However, the Apex Court rejected these aforesaid contentions and held that it
can not be said that in defining the offence of adultery so as to restrict the class of
offender to men any constitutional provision is infringed. It is commonly accepted
that it is the man who is seducer and not the woman. In this case the Apex Court
observed that this position may have undergone some change over the years that

5
Ibid.
6
Madhub Chander Giri, (1873) 21 WR Con. 13.
7
Smt. Sowmi thrivishnu v. Union of India and another, 1985 Cr. L.J. 1302 (SC).

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women may have started seducing men but it is for the legislature to take note of this
transformation and amend Section 497 appropriately.
In the aforesaid case it was also contended that since Section 497 of the Indian
Penal Code, 1860 does not contain provision for hearing wife, therefore it is violative
of Article 21 of the Constitution i.e., freedom of personal liberty. In connection with
this question the Court observed that this section is not violative of Article 21,
because although this section does not contain provision for hearing of married
women with whom the accused is alleged to have committed adultery but if she
makes an application in the trial court that she should be given an opportunity of
being heard, she would be given that opportunity. Neither substantive nor adjective
criminal law prohibits the court from providing a hearing to a party which is likely to
be adversely affected by the decision of the court directly or indirectly.
Indian Constitution and Special Provisions for Women and Children: As
aforesaid under Article 15 of the Indian Constitution the State is empowered to make
special provisions for women and children. For instance making of special seating
arrangement in trains or buses is in no way unconstitutional.
(a) Reservation of Seats for Women in College: The Bombay High Court in
Detta treya v. State of Bombay,8 has held that reservation of some seats in
women’s colleges is not unconstitutional. The court observed that
establishment of educational institution exclusively for women is not hit buy
Article 15 of the Constitution.
(b) U.P. Court of Wards Act, 1912: Proprietorship Relating to Property: In
Ram Raj Rajeswani Devi V. The State of Uttar Pradesh,9 wherein the issue
related to a discriminatory provision in a statute was adjudicated under the U.
P. Court of Wards Act, 1912. According to this Act a male proprietor could be
declared incapable in managing his property only one of the five grounds
mentioned therein and that to after giving him an opportunity of showing
cause as to why such a declaration should not be made, a female proprietor
could be declared incapable to manage her property on any ground and
without giving her any show cause notice. The Allahabad High Court held that

8
AIR 1953 Bomb. 311.
9
AIR 1954 All, 608.

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this provision was bad because it amounts to discrimination on the basis of sex
which is violative of Article 5(1) of the Constitution of Indian, 1950.
(c) Constitutional validity of Section 437 of the Code of Criminal
Procedure, 1973 : The mandate of Section 437 of the Code of Criminal
Procedure permits discrimination in favor of woman even if there appears to
be a reasonable ground for believing that they have been guilty of an offence
punishable with death or imprisonment for life.10
In other words this section prohibits release of a person accused of a capital
offence on bail except women and children under 16 years age of Sick or
infirm persons. In Choki v. State of Rajasthan,11 the Rajasthan High Court has
held that it is valid on the ground that it makes special provision for women
and therefore it is protected under Article 15(3) of the Constitution.
(d) Granting Licenses for Opening Liquor Shop: The Allahabad High Court
in Smt. Savitri v. Bose,12 has held that Article 15(1) of the Constitution protect
women from being discriminated on the ground of sex. Accordingly, the
decision of the excise authorities to prefer men over women in granting
licenses for opening of liquor shops was struck down as coming within the
prohibition of Article 15(1). It was further held that such a discrimination was
not permitted under Article 15(3) of the Constitution which authorizes the
State to make special provisions for women as the special provision can give
some advantage to women and can not be to their detriment.
(e) The Immoral Traffic (Prevention) Act, 1956 and the Indian
Constitution: Article 23 of the Constitution provides the right against
exploitation. This constitutional provision prohibits traffic in human beings. In
this context traffic in human beings includes ‘devadashi system’. The Apex
Court in Vishal Jeet v. Union of India,13 observed that trafficking in human
beings has been prevalent in India for a long time in the form of selling and
purchasing of human beings for prostitution for a price just like that of
vegetables. On the strength of Article 23(1) of the Constitution, the legislature

10
Suresh Kumari V. State of Haryana, 1995 (4) Crimes 643 C.P.S. 14.
11
AIR 1971 Raj 10.
12
AIR 1972 All. 305.
13
AIR 1990 SC 1412.

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has passed the Immoral Traffic (Prevention) Act, 1956 which aims at
abolishing the practice of prostitution and other forms of trafficking including
‘devadasi system’. The court further observed that this Act has been made in
pursuance of the International Convention which signed the declaration at
New York (USA) on 9th May 1950 for the prevention of immoral traffic. In the
view of the above statutory position and circumstances, the Apex Court upheld
the validity of the said Act.
Thus on the strength of the Constitutional powers the state is permitted to
enact special laws exclusively for women and children, even the State may
make preferential statute to promote development of the women in every walk
of life.
(f) Women’s Reservation in Election to Local Bodies, Employment:
Reservation of seats for women in local bodies and in educational institutions
can not be taken to mean as discrimination of ground of sex. The Supreme
Court in T. Sudhakar Reddy v. Govt. of Andhra Pradesh.14 had upheld the
constitutional validity of proviso to Section 316 (1) (a) of the Andhra Pradesh
Cooperative Societies Act, 1964 and of the Rules 22(c) and 22 A (3) (a)
framed thereunder relying upon the mandate of Article 15(3) of the
Constitution read with the said rules providing for nomination of two women
members by the Registrar of the managing committee of the cooperative
societies with a right to vote and to participate in the Committee’s meeting.
The Supreme Court upheld the validity of these provisos on the ground that
Article 15(3) of the Constitution permitted the making of special provisions
for women.
In 1992 by the 73rd and 74th Constitutional amendments the reservation of
seats for women in Panchayat and in the municipality have been incorporated
by inserting Articles 243 (d) and 243 (t). According to the mandate of Article
243 (b) of the Constitution in Panchayat, not less than one third of the total
number of seats is to be filled up by direct election in every Panchayat by
women. These seats may be allotted by rotation to different constituencies in a
Panchayat which shall be not less than one third of total member of seats. The

14
1993 Supp. (4) SCC 439.

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Article 243 of the Constitution makes similar provisions regarding reservation

of seats for women in the municipalities.
Thus, the Government on the strength of the Constitutional powers made a
successful reservation of 33 percent seats for women in the local bodies which is
considered as a pioneer legislative endeavor.
Recently, the Parliament introduced the 81st Constitutional Amendment Bill
seeking to reserve one third of seats in Lok Sabha and State Assemblies for women,
though, the Bill has been referred to a joint Committee of Parliament and is yet to be
passed.
In view of aforesaid Constitutional provisions, it can be said that India has
moved a big step forward in empowering the women to participate in the political
process at the policy decision making level.
In employment the reservation of seats for women has been provided by
incorporating amendments, changes in existing statutes and also by passing special
rules. In fact it is the Constitutional obligation of the state to take statutory measures
to bring women into the main stream by providing them service under the
Government. It is to be noted that in many occasions the validity of the statues
regarding reservation of seats for women in service under the State has been
challenged before the courts, but in most of the cases, judgment has been pronounced
in favour of the women. For example in Union of India v. K. P. Prabhakaran,15 the
Apex Court has upheld the decision of the Railway Administration to reserve the
posts of enquiry cum-reservation clerks in reservation offices in metropolitan cities of
Chennai, Kolkata, Mumbai and Delhi exclusively for women and also the policy
regarding separate seniority panels for promotion of such clerks. The Apex Court
before arriving at this conclusion relied upon the decision in Government of A.P. v. P.
B. Vijay Kumar,16 where it was held that the power conferred upon the state by Article
15(3) of the Constitution is wide enough to include the entire area of state activity
covering employment under the State. In the above case the Apex Court has held that
the said decision of the Railway Administration is not unconstitutional and as such it
is upheld.

15
(1997) 11 SCC 638.
16
AIR 1995 SC 1648.

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But, in Mrs. Raghubons v. The State of Punjab,17 the Punjab and Haryana
High Court has held that a Government order which declared women as ineligible for
the post a warden in a men’s jail is not violation of Article 15(1) of the Constitution
which does not permit discrimination on the ground of sex for the reason that if a
woman was employed as a warden, her position would become worst and hazardous
while ensuring and maintaining discipline over habitual offenders kept in the jail. It is
submitted that this decision seems to be reasonable because it involved with the
physical safety of women.
(g) Scope of Article 15(4) of the Constitution: The Apex Court in Dr. Preeti
Srivastava v. The State of Madhya Pradesh,18 explained the scope and ambit
of Article 15(4), which was added by the Constitution first Amendment of
1951. It enables, the State to make special provisions for the advancement of
1951. It enables, the State to make special provisions for the advancement of
women inter alia, Scheduled castes and Scheduled tribes, notwithstanding
Article 15(1) and 23(2). The working of Article 15(4) is similar to that of
Article 15(3). Article 15(3) was there from the very inception. In enables
special provisions being made for women and children notwithstanding
Article 15(1) which imposes the mandate of non discrimination on the ground
(among others) of sex. This was envisaged as a method of protective
discrimination. This same protective discrimination was extended by Article
15(4) to (among others) of sex. This was envisaged as a method of protective
discrimination. This same protective discrimination was extended by Article
15(4) to (among others) Scheduled cases and Scheduled Tribes. As a result of
the combined operation of these Articles, an array of programmers of
Compensatory or protective discrimination have been pursued by the various
states and Union Government. Since every such policy makes a departure
from the equality norm, though in a permissible manner for the benefit of the
backward, it has to be designed and worked in a manner conducive to the
ultimate building up of an egalitarian non discriminating society.

17
AIR 1972 P. & H 117.
18
1999 (7) Supreme 81.

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(h) There can be no relaxation at the highest level in the medical institution:
The Supreme Court in Dr. Preeti Srivastava v. The State of Madhya Prdesh,19
where in Post Graduate Institute of Medical Education and Research,
Chandigarh Act, 1966 namely Section read with Regulation 27 provides for
20% of the seats in every course of a study in the Institute to be reserved for
candidates belonging to the Scheduled Castes, Scheduled Tribes or other
categories of persons in accordance with the general orders issued by the
Central Government from time to time. Regulation 27, however can not have
any application at the highest level of super specialization as this would defeat
the very object of imparting the best possible training to select meritorious
candidates who can contribute to the advancement of knowledge in the field of
medical research and its applications. Since no relaxation is permissible at the
highest levels in the medical institution, the petitioners are right when they
contend that the reservation made for the SC and ST candidates for admission
to D. M. and M.C.H. Courses which are super specialty courses, is not
constituent with the constitutional mandate under Articles 15(4) and 16(4)
Regulation 27 framed under the said Act, 1966 would not apply at the level of
admissions to D. M. and M. C. H. Course.
(i) Mother can act as a natural guardian during the life time of father : The
Apex Court in Ms. Githa Hariharan v. Reserve Bank of India,20 held that the
father can not claim that he alone was the natural guardian and his wife could
take no decision without his permission. It was held that the mother of a minor
was relegated to aninferior position on the ground of sex alone since her right
as a natural guardian is made cognizable after the father, which was violation
of Articles 14 and 15 of the constitution on that ground. Hence, the mother can
act as a natural guardian of the minor during the life time of the father who
would be deemed to be absent.
In the above case the court observed that the expression “natural guardian” is
defined in Section 4(c ) of the Hindu Minority and Guardianship Act as any of the
guardian mentioned in Section 6. The term ‘guardian’ is defined in Section 4(b) of the

19
1997 (7) Supreme 81.
20
AIR 1999 SC 1149: 1999 (2) SCC 228.

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Hindu Minority and Guardianship Act as a person having the caste of the person of a
minor or of his property or of both, his person and property and includes a natural
guardian among offers. Thus, it is seen that the definitions of ‘guardian’ and ‘natural
guardian’ do not make any discrimination against the mother and she being one of the
guardians mentioned in Section 6 of the Hindu Minority and Guardianship Act would
undoubtedly be a natural guardian as defined in Section 4(c ) of the said Act. The only
provision to which exceptuion is taken is found in Section 6(a) of the Act which reads
“the father, and after him the mother”. The phrase, on a cursory reading, does give an
impression that the mother can be considered to be the natural guardian of the minor
only after the lifetime of the lather. In fact, that appears to be the basis of the stand
taken by the Reserve Bank of India also. It is not in dispute and is otherwise well
settled also that the welfare of the minor in the widest sense is the paramount
consideration and even during the lifetime of the father, if necessary, he can be
replaced by the mother or any other sutable person by an order of the court, where to
do so would be in the interest of the welfare of the minor. Therefore, the Reserve
Bank of India was not right in denying the mother in agreement with the fathe
opening from deposit account in favour of her minor son. The father can not claim
that he alone was the natural guardian and this, the wife can not take a decision
without his prior permission.
Directive Principles of State Policy and Women: Under the Constitution of India,
1950 the directive rinciple of State policy is the reflection of governance that India is
a welfare democratic state. This policy envisaged equal rights to work, equal pay for
equal work, adequate means of decent and dignified livelihood to both men and
women, these are guaranteed under the directive principles of state policy. Part IV of
the Constitution containing Articles 38, 39(a) (d) and (e), 42, 44 and 45 deal with the
welfare and development of women.
According to Article 39 (a) the State should direct its policy towards securing
that the citizens, men and women equally have the right to an aedequate means of
livelihood. This Article provides equal right for all citizens, irrespective of sex, to
aedequate means of livelihood.
As per Article 39 (d) of the Constitution in the states that three should be equal
pay for equal work for both men and women. Thus, the state is under constitutional

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obligation to direct its policy towards securing that there is equal pay for equal work
for both men and women.
(a) Principals of ‘equal work’ is a Constitutional goal : The Apex Court in
Randhir Singh v. Union of India21, has expressed the opinion that the principle
of ‘equal work’ is not declared in the Constitution to be a fundamental right
but it is certainly a constitutional goal. Article 39 (d), the principal of equal
pay for equal work is deducible from those Articles and may be properly
applied to cases of unequal scales of pay based on no classification or
irretional classification though, those drawing the different scales of pay do
identical work under the same remployer. In the present case the Supreme
Court has held that the principle of ‘equal pay and equal work’, though not a
fundamental right, is certianly a constitutional goal and therefore, capable of
enforcement through constitutional remedies under Aricle 32 of the
Constitution.
The doctrine of ‘equal pay for equal work’ is equally applicable to both
mean and women, even the daily wagers are also entitled to the same wages as
other permanent employees in the department employed to do the identical
work.1 Similarly, in State of Haryana v. Rajpal Sharma,22 the Supreme Court
has held that the teachers employed in privately managed aided schools in the
state of Hayarana are entitled to the same salary and dearness allowance as is
paid to teachers employed in Government schools.
If the kind of work is not identical then it does not matter if men are
paid more. But, in case work is of the same type both men and women should
be paid euqlly without any discrimination.
(b) Men and Women Workers to be protected Equally : According to Article
39(e) of the Constitution the health and strength of workers i.e, men and
women and that of the children of under age to be protected equally. They
should not be forced to work under inhuman and hazanrdous condition. In
view of this Article the State shall direct its policy towards enouring the health
and strength of workers (men and women) and the of under age children are

21
AIR 1982 SC 879.
22
AIR 1997 SC 449.

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not forced by economic necessity to enter a vocation unsuited to their age and
strength.
In M.C. Mehta v. State of Tamil Nadu,23 It has been held that not in view of
Article 39 the employment of children within the match factories directly
connected witht the manufactouring process of matches and fire works can not
be allowed as it is hazardous. Children can, however, be employed in the
process of packing etc. away from the pace of manufactouring.
(c ) Equal jjustice and free legal aid : Article 39:A of the Constitution provides
equl justice and free legal aid. The state shall encure that the operation of the
legal system promotes justice, on a basis of equal opportunity and shall, in
particular, provide free legal aid by appropriate legislation of schemes or in
any other way to ensure the existence of opportunities for securing justice.
On several occasions it has been held by the Apex Court that legal aid
and speedy trial have now been treated as fundmental rights under Article 21
of the constitution available to all prisoners and enforceable by the courts. The
state is inder a duty to provide lawyer to a poor person and it must pay to the
lawer his fee as fixed by the court.24
(d) Uniform Civil Code and Gender Justice, Equality : Article 44 the
Constitution requires that state shall eneavour to secure for the citizen a
uniform civil code throughout the terriory of India. But women still exerrience
inequalities and injstice. The founding fathers of the constitution were aware
of the gender injustice and sexual inequality of women and they incorporated
Article 44 of the Constitution with the aim that it may be exercised in future at
appropriate time. It is really unfortunate that even after 50 years of
independence the State did not find it necessary to make any serious
endeavours to fuefise this constitutional obligation.
In a Land mark judgment in Sarla Mudgal v. Union of India,25 the
Apex Court has passed direction to the Central Government to take a fresh
look at Article 44 of the Constitution which enjoings the State to secure a
uniform Civil Code which, according to the Court is imperative for both

23
(1991) 1 SCC 283.
24
AIR 1978 SC 1548 and also see AIR 1979 SC 1322.
25
(1995) 3 SCC 635.

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protection of the oppressed and promotion of national unity and integrity. The
above direction was given by the Court while wealing with the case where the
question for consideration was whether a Hindu Husband married under Hindu
law, conversion to Islam, without dissolving the first marrage, after be can
solemnize a second marriage. It has been held by the Apex Court that such a
marriage will be illegal and the husband can be proseuted for bigamy under
Section 494 of the Indian Penal Code, 1860. In the present case the Court
further held that a Hindu marriage continues to exist even after one of the
spouse converted to Islam. There is no automatic dissoultion of Hindu
marrage. It can only be dissolved by a decree of divorce on any of the ground
mentioned in Section 13 of the Hindu Marriage Act, Accordingly, the second
marriage a Hindu after his conversion to Islam was void in terms of Section
494, I. P.C and the husband was liable to the prosecuted for bigamy.
As to the question regarding Uniform Civil Code the division bench
(Justice Kuldip Singh and R. M. Sahani), in their concurrent but separate
judgements in the aforesaid case observed that since 1950 a number of
governments have come and gone but they6 they have failed to make any
serous effort towards impementing the Constitutional Commitment made
under Article 44 of the Constitution. Resultantly, the problem today is that
many Hindus have changed their religion and have converted to Islam only for
the purpose of esceaping the consequence of bigamy. This is so because
Muslim Law permits more thatn one wife to the extent of four. Justice Kuldip
Singh said that Article 44 of the Constitution is based on the concept that there
is no necessary connection between religion nd personal law in a civilised
society. Marriage succession and life matters are fo a secular nature and
therefore they can be regulated by law. No religion permits deliberate
distoritions. Much apprehension prevails about bigany in Islam itself.
Ismalmic Countries such as Tunisia, Morocco, Iran, Pakistan, Syria and
several other Islamic Countries have codified their personal law to prevent its
abuse. Even in America it has been judicially acclaimed that the prastice of
polygamy is injurious to public morals; even though some religion may make
it obligatory or desirable for its followers. The said Honourable Judge further

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said that his abuse of polygamy can be regulated by the State just by
prohibiting human secrifice or the practice of ‘Sati’ in the intest of public
order.
The full Bench of the Bombay High Court in Prgati Varghese v. Cyril
George Varghese26 has ordered deletion of Section 10 of the Indian Divorce
Act under which a Christian wife had to prove adultery along with cruelty or
desertion while seeking a divorce on the ground that it infringes it imfringes
the fundamental right of a Christian Woman to live with human dignity as
pravidedunder Article 21 of the Constitution. In the present case the court
observed that Section 10 of the Indian Divorce Act Comples the wife to
continue to live with a man who has deserted her or treated her with cruelty.
Such a life of a woman is inhuman.
Whether the children of Muslim divorced woman are entitled to claim
maintenance under Section 125 of the Code of Criminal Procedure, 1973
inspite of the legal position that they are governed by the Muslim personal
Law i.e. Muslim Women (Protection of Right on Divorce) Act. 1986. In
Noorsabakhatoon v. Mohd. Quasim27 the Apex Court has held that a divorced
Muslim woman is entitled to claim maintenance for her children till they
become major. The court further held that both under the Muslim Personal
Law and under Section 125 of the Code of Criminal Procedure, 1973 the
obligation of the father was absolute when the children were living with the
divorced wife. The Court makes it cleanr that the children of Muslim parents
are entitled to claim maintenance under Section 125 of the Code of Criminal
Procedure 1973 for the priced till they obtain majority or are able to mintain
temselves, whichever is earlier and in case of female, till they get married.
In the aforesaid case the Supreme Court said :
“We have opted for a secular republic, secularism under the law means
that the State does not owe loyalty to any particular religion nd there is no
state religon. The Constitution gives equal freedom to all religion and every
one has the freedom to follow and propagate his own religion. But, the

26
AIR. 1997 Bom. 349.
27
AIR 1997 SC 3280.

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religion of individual has nothing to do in the with the socio:economic laws of

the State.”
In view of the above said judgement the Apex Court, now it is the
constitutional duty of the Government to make the uniform civil code to
remove inequality and oppressuim of women folk secially in moatrimnial
mather. The concept of religion can not be allowed to be used as a tool to
abuse and exploit women. Thus, the need of uniform civil code is most
warrauhed to achieve constitutional moandate as enshriend under Article:44 of
the Constitution.
It is unfortunate to mention that the State has not yet made any efforts
to introduce uniform application of civil laws like adoption, marriage,
succession and maintenanace etc.28
It is submitted that no gender justice can be achieved in its true and full
sense, unless a uniform civil code containing the best provisions taken from all
the religions is enacted. The concept of Uniform Civil Code does not mean
adjusting the law to unreasonable and unpracticable extent. In fact, the concept
of Uniform Civil Code connotes basics uniformity on the question of
marriage, maintenance and divorce. A systematic and orderly combination of
all religions should be the substratum of the Uniform Civil Code.
It is to restated that in India the Supreme Court has taken note of
injustice faced by the women particularly in matters of personal laws. In
Mohd. Ahmed Khan v. Shah Bano Begum29 the Supreme Court observed in the
matter relating to the Muslim husband’s liability to maintain his wife beyond
“Iddat”, who is not able to maintain herself. The court held that Section 125 of
the Code of Criminal Procedure, 1973 which imposes such legal obligation on
all the husbands is secular in character and is applicable to all religions. In this
case the Supreme Court emphasised the need for condisfying a common civil
code and said :
“A Common Civil Code will help the cause of national integration by
removing disparate loyalities to laws which have contflicting ideologies. No

28
AIR 1999 SC 1531; (1995) 3 SCC 635.
29
AIR 1985 SC 945.

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community is likely to bell the cat by making gratuitous concessions on this

issue. It is the State which is charged with the duty of securing a Uniform
Civil Code for the citizens of the country and unquestionably, it has the
legislative competence to do so :
It isunfortunate to note that there is no Uniform Civil Code in India,
however, there is a Uniform Criminal Code which is very much in existence.
Consequently, the criminal law is applicable to all citizens irrespective of the
lact also what religion they belong to there is no iniformity in Civil Laws
pertaining to divorce, maintenance, marriage, adoption and succession
governing the Hindus, Muslims, Christains and Parsis etc. There are different
laws like the Hindu Marriage Act the Hindu Minority and Guardianship Act,
the Hindu Succession Act, the Hindu Adoption and Maintenance Act
governing the personal matters of Hindus. Whereas Muslims are governed by
their personal laws like the Sharicat Act, the Dissolution off Muslim Marriage
Act and the Muslim Women (Protection of Rights on Divorce) Act etc.
Similarly, the Christians in India are governed by the Indian christian
Marriage Act, the Indian Divorce Act and Chochin Christian Succession Act
etc. Parsis are governed by a different set of their personal laws. Thus, it can
be said that there is no uniformity in these personal laws based on different
religious.
Article 44 of the Constitution of India, in its Part IV directs the State to
make a Uniform Civil Code throughout the territory of India. Since, this
Constitutional provision falls under the chaphter namely, “Directive Principles
of State Policey,” it can not be enforced by the court of law.
It is submitted that no gender justice or gender euqlity can be achieved
in its true sense, without making a Uniform Civil Code Containing the
provisions derived from all the religions, isnacted immedicately.
(e) Conversion:Right as to Plurality of Marriage is not conferred on husband
: It is settled legal posittion that no right is conferred on the husband regarding
plurality of marriages without any condition. It Lily Thomas etc v. Uuion of

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India,30 wherein a Hindu Converted into Muslim and got second marriage
solemnised held it will not sissolve the first marriage and his second marriage
will be bigamous. In this case the Supreme Court observed that mere
conversion does not bring to amend the marited ties unless a decree for
divorce is obtained from the court. Till a decree is passed marriage subsists.
Any other marriage during the subsistence of first marrage would constitute an
offence under Section 494 of the Indian Penal Code, 1860 read with Section
17 of the Hindu Marriage Act, 1955 and the person, in spite of his conversion
to some other religion, would be liable to be prosecuted for the offence of
bigamy. It also follows that if the first marriage was solemnised under the
Hindu Marriage Act, the “husband” or the “wife” by mere conversion to
another religion, can not bring to amend the marital ties already established on
account of a valid marriage having been performed between them. So long as
that marriage subsists, another marriage can not be performed, not even under
any other personal law; and on such marriage being performed the person
would be liable to be prosecuted for the offence under Section 494 of the
Indian Penal Code.
(f) Protection of women from prostitution and rehabilitation of their
children : In a significant judgment in Gaurav Jain v. Union of India.31 the
petitioner, a public spirited advocate “Gaurv Jain”, filed a public interest
petition seeking appropriate directions to the Government for the improvement
of the plight of prostitutes, fallen women and their childre. He was inspired by
reading an Article entitled “A red light trap” “Society gives no chance to
prostitutes offspring”, published in India Today dated July 11, 1988. The
Supreme Court has issued a numbers of directions to the government and all,
social organisations to take upon appropriate measurs for prevention of
women in various forms of prostitution and to rescue them from falling them
again into the trap of red light areas and to rehabilitate their children through
various welfare measures so as to provide them with dignity of person means

30
AIR 2000 SC 1650: 2000 (6) SCC 224.
31
AIR 1997 SC 3021.

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of livelihood and socio economic improvement. The Court has issued the
following directions ::
(i) The Court held that it is the duty of Government and all voluntary
non:governmental organisation to take necessary measurer for
p0rotecting them from prostitution and to rehabilitate them so that they
may lead a life with dignity of person.
(ii) The Court directed that they should be provided opportunity for
education, financial support, developed marketing facilities for goods
produced by them. If possible their marriages may be arranged so that
the problem of child prostitution can be eradicated. Marriage would
give them real status in society. They should be given housing
facilities, legal aid, free counselling assistance and all similar aids and
service so that they do not fall into the trap of red light area again.
(iii) The Court held that economic empowerment is one of the major
factors that prevent the practice of dedication of the young girls to the
prostitution ad Devadasis Jogins or Venkatasins. Referring the various
measures taken up by different states, the Court directed that the social
welfare Department should undertake similar rehabilitation
programmes for the fallen victims so that the foul practice is totally
eradicated and they are not again trapped into the prostitution. The
Court gave example of State of Andhra Pradesh where the state
Government is providing housing facilities, free treatment in hospitals
and pension to devadasis women are being taken by Non
Governmental Organizations (N.G.O.S.) in the States of Maharashtra,
Karnataka and Andhra Pradesh.
(iv) The Court directed that the rescue and rehabilitation of the child
prostitutes and children should be kept under nodal department,
namely, Department of Women and Child Development under the
Ministry of Welfare and Human Resources, Government of India,
which will, devise suitable schemes for proper and effecive
implementation. The Court directed the Ministry of Welfare,
Government of India of the establishment of juvanile homes.

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(v) The Court directed to constitute a Committee within a month from the
judgment which would make an indepth study into these problem and
evolve suitable schemes as are appropriate and consistent with the
directions given above. It shall submit its report within three months.
On the basis of its report, direction would be given to the State
Governments for effective implementation of the schemes. The Ndal
Department would enforce and regularly be supervised by the Ministry
of Welfare. A permanent Committee of Secreatries should be
constituted to review the progress of the implementation on annual
basis and to take such other steps as may be expendient in the effective
implementation of the Schemes. Periodical progress as to funding and
enforcement of the scheme should be submitted with Registry of the
Supreme Court. ‘It is hoped’, the Court said, the above law and
direction would relieve the human problem by rehabilitation of the
unfortunate fallen women cought in the trap of prostitution, their
children would be brought into the mainstream of the social order.
These directions would enable them to avail the equality of opportunity
and of status with dignity of person which are the arch of the
Constitution.
The Court held that under Article 32 of the Constitution the Court has power
to adopt such procedure as is expedient in a given fact and situation and deal
with the matter appropriately therefore, the rigours of the pleading or the
reliefs sought for on adversial litigation has been soften, new methods, tools
and procedures have been evolved to meet out justice and to enforce
fundamental right.
(g) PIL regarding eradication of prostitution : Wherein the Public Interet
Litigation filed on the existing affairs of prostitution. The judges been
differing on the opinion of issuing direction for erediction of prostitution.
Since they differed in their opinion, Judges were not justified in issuing
directions in exercise of powers under Article 142 of the Constitution. It was

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held that the proper course was to refer the matter before the Chief Justice of
India for placing the question before larger bench of the Cout.32
(h) Article 243 of the Constitution and Reservation for SC/ST/BC/Women:
Wherein Gujarat Municipalities (Resevation of scheduled cast/schedule
Tribe/Backward class women for office of President) Rules 1994; Rules 2 and
3 red with schedule Rule 5; reservation office of President of Municipality for
SC/ST/BC when by noster, all the members of the municipality belonging to
specific reserved category irrespective of whether they were elected as
members how reserved seat or not, would be eligible to stand for the office of
president.
By providing for the office of the president to be filled from different
categories of persons by rotation the effect is that as per the rostore point the
office of the president is required to be filled how a specified or particular
class e.g. the Scheduled caste or Scheduled Tribe or Backward Class or
women them all other members of the municipality who do not fall under that
category, are all excluded how contenting the election. The eligibility and the
corresponding exclusion of others is determined on the basis of the candidate
answering to the description of the category or caste for whom the post is
reserved as per the roster and not the nature of constituency from which the
person is elected. For example – when as per roster the candidate for the
president’s post has to be a Scheduled Caste then the Act and the Rules do not
provide that it is only he Scheduled Caste candidate who has been elected
from Scheduled Caste ward who can stand for election and the other scheduled
Caste candidates are not eligible even though they were popular enough to get
elected from unreserved wards.33

Gender inequities throughout the wordl are among the most all:pervasive
forms of inequality. Gender equality concerns each and every member of the soceity
and forms the very basis of a just society and hence, the issue of ‘gender justice’ is of
enormous magnitude and mammoth ramification engulfing an all:embracing and

32
Gaurav Jain & Supreme Court Bar Association v. Union of India, 1998(3) Supreme 350: 1998 (2)
JT 700.
33
Kasinabhai F. Bhanchv. Chandubhai D. Rajput, 1998 (1) SCC 285; AIR 1998 SC 815.

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illimitable canvas. In the midnight of August 15, 1947, when India awoke to “life and
freedom”, most of its 170 million women scarcely knew what the ‘Tryst with Destiny’
was all about. Victims of poverty, ignorance and oppressive social institutions, they
hardly knew their destiny and who controlled it. However, the stalwarts who led India
to its independence were aware that if the new India of their dreams was to become a
reality and not remain only a figment of imagination, it would need social engineering
on a massive scale, in respect of the backward and oppressed sections of the society
and above all, its women Swami vivekanand had aptly remarked :
“Just as a bird could not fly with one wing only, a nation would not march forward if
the women are left behind.”
Being conscious of the need of the time, the framers and founding fathers of
our ‘compassionate’ Constitution incorported certain sacrosanct ideals in the form of
comprehensive rights for women so as to metamorphose the abstract ideals into a
concrete form, which would enable the upliftment of the status of women in the
male:dominated chauvinistic society.
The crucial question that arises for deliberation is : Have the women been able
to reap the benefits provided for them under the Constitution of India ? The answer,
unfortunately, is not encouraging. Ther is still a long way to go to achieve the goals
enshrined in the Constitution. In spite of special constitutional guarantees and other
legislations, crimes against women in the form of child marriages, rape, dowry,
practice of Sati, trafficking of the girl child, prostution, domestic violence and sexual
harassment are on the increase. The review of the disabilities and constraints on
women, which stem from socio:cultural institutions, indicates that the majority of
women are still very far from enjoying the rights and opportunities guaranteed to
them by the Constitution. Justice K. Ramaswamy has also stated :
“Indian women have suffered and are suffering discrimination in silence. Self
sacrifice and self:denial are their nobility and fortitude and yet they have been
subjected to all inequities, indignities, inequality and discrimination.”
It is indeed ironical that when Indian mythology places women on a very high
pedestal and they are worshipped and honoured : Goddess of learning is ‘Saraswati’,
of wealth : ‘Laxmi’, of power : ‘Parvati’ and of energy or ‘Shakti’ : ‘Durga’ : we
show no concern for her honour and her dignity. It is a sorry reflection mirroring the

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attitude of indifference of the society which results in a total negation of the human
rights of women in which gender justice nosedives.
Despite this regression in the social and moral values, there is still a ray of
hope in the midst of the darkness surrounding the realization of women’s rights. Time
and again the Indian judiciary has played a pro:active role by their positive
interpretation of the various constitutional provisions for women upholding, the
validity of various legislations and laying down exhaustive guidelines to realize the
concept of ‘gender justice’ and gender equality. The Apex Court of our country has
observed that democracy, development and respect for human rights and fundamental
freedoms ar inter:dependent and have mutual reinforcement. The human rights for
women, including the girl child, are therefore, an inalienable, integral and indivisible
part of universal human rights. All forms of discrimination on the grounds of gender
is violative of fundamental freedoms or human rights. In this way, the judiciary has
laid down exhaustive guidelines in its various decisions to realize the concept of
‘gender justice’ and gender equality.

The issue of ‘Matrimonial Violence’ has been gaining ground in many an area
for some centuries. Though the traditional view of gender injustice has been given
quite a quietus and treated as an event of bygone days, yet the malady still remains,
sometimes pouncing with ungenerous monstrosity giving a free play to the inferior
endowments of nature in man thereby making the whole concept a ridicule
anaesthetizing the entire edifice built in the last few decades. The ruthless of women
not only exhibits how such treatment in an anathema to the concept of gender justice
but also exposes the burial of the idea that is required to be nurtured, cherished and
believed with a deep conviction and maintained with a sanguine resolve.
It is realized that despite the constitutional safeguard and the active judicial
support towards the cause of women, changes in social attitudes and institutions
cannot be brought about very rapidly. However, it is necessary to accelerate this
process of change by deliberate and planned efforts so that the pernicious social evil
of gender inequality is buried deep in its grave. Laws written in black and white are
not enough to combat the evil. The role of Courts and judges assume greater
importance and it is expected that the Courts would deal with cases relating to woman

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in a more realistice manner. A socially sensitive judge is indeed a better statutory

armour in cases of crimes against women than the long clauses of penal provisions,
containing complex exceptions and provisos.
Awakening of the collective consciousness is the need of the day. A problem
as multifacted as women’s self:actualization is too important to be left to a single
section of the society. This responsibility has to be shared by the State, community
organizations, legislators who frame the laws and the judiciary which interprets the
Cnstitution and other laws in order to givbe a fillip to the legal reform in the field of
gender justice and to usher in the new dawn of freedom, dignity and opportunity for
both the sexes equally.

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