TOPIC

ON
WOMEN AND THE LAW IN
THE CONSTITUTION OF
INDIA

 SYNOPSIS:
Introduction
Part 1.The constitution of India and women
The Preamble.
Fundamental Rights
Women reservation.
Part 2. women and the law in the constitution of India.
Right to equality
Protection of women under the Constitution of India.
Acts for the benefit of women.
Critical study on women and the law in India.
* Conclusion

 INTRODUCTION:
The role that women play in society is becoming increasingly more
important . Their proper development is essential to the functioning
of the nation .There is no doubt that we are in the midst of a great
revolution in the history of women . The evidence is everywhere ;
the voice of women is increasingly heard in parliament , courts and
in the streets.
Indian experience provides cautionary tales and constructive
insights that may prove useful to those who advocate the
incorporation of women`s rights into the scheme of constitutional
law .
The
Indian
Constitution
contains
the
most
explicit
constitutionalization of women`s right.
The Constitution of India guarantees equality of sexes and in fact
grants special favors to women through Art 14,15 (3) and 16.

 Part 1: THE CONSTITUTION OF INDIA AND WOMEN:

In India almost half of the Indian population is women . Women
have a unique position in every society whether developed ,
developing or underdeveloped. This is particularly due to the
various roles they play during various stages of their life , as a
daughter, wife , mother and sister etc .
In spite of her contribution in the life of every individual human
being ;she still belongs to a class or group of society which is in a
disadvantaged position .
She has been the victim of tyranny at the hands of men who
dominate the society. On one hand she is held in a high esteem by
one and all worshipped , considered as the embodiment of
tolerance and virtue but on the other hand she has been the
victim of untold miseries, hardships and atrocities caused and
perpetuated by the male dominate society.

 A report of the United Nations Organization perform

points out that women constitute half the world
population , perform nearly two thirds of work hours ,
receive one-tenth of the world`s income and won less
than one-hundredth percent of world`s property .
In India they have always been discriminated against and
have suffered and are suffering discrimination in silence
in the civilized as well as the primitive society .
Thus,
the
constitution
of
India
prohibits
any
discrimination solely based on the ground of sex in
general and in the matter of public employment .
This prohibition of gender based discrimination has
been given the status of a fundamental right.

 THE PREAMBLE:
The Preamble to the Indian Constitution
contains various goals including the equality
of status and opportunity to all the citizens .
This particular goal has been incorporated to
give equal rights to the women and men in
terms of the status as well as opportunity.
It has been the basis for much legislation like
the modern Hindu laws which aim at giving
equal status and right to the women.

 FUNDAMENTAL RIGHT:
Even though, all the fundamental rights contained in part III ,
Articles 12 to 35 are applicable to all the citizens irrespective of sex
certain fundamental rights contain specific and positive provision to
protect the rights of women.
Art 15(3) of the constitution specifically provides that the
prohibition of discrimination on groups of religion, race, caste sex,
or place of birth as contain in Art 15, shall not prevent the State
from making any special provisions for women and children .
In other words the State is empowered to make any such provisions
and it shall not be violative of Art 25.
Art 15(1) prohibits gender discrimination .Art 15(3) lifts that rigor
and permits the State to positively discriminate in favor of women
to make special provision to ameliorate their social economic and
political justice and accords them parity.

 Art 15(3) embodies one of the two exceptions to the prohibition

contained in clause (1) and (2) of Art 15 .
It empowers the state to make special provisions for woman and
children.
This particular advantage has been conferred on the women
because the framers of the Constitution were well aware of the
unequal treatment meted out to women in India from the time
immemorial.
The other reason for making special provisions for them is their
physical structure and the performance of mental functions which
place them at a disadvantage in the struggle for subsistence .
It would be no violation of Art 15 if institutions are set up by the
State exclusively for women or places reserved for them at public
entertainments or in public conveyances.

 The reservations made for women in educational institutions and

public employments are protected by Art 15(3)The court obviously
relied upon the mandate of Art 15 (3) to uphold this provision .
The principle of gender equality is enshrined in the Indian
constitution in its Preamble , Fundamental Rights , Fundamental
Duties and Directives Principles.
The Constitution not only grants equality to woman , bur also
empowers the State to measures of positive discrimination in favors
of women . Within the framework of a democratic policy , our laws ,
development policies , plans a programmes have aimed at
women`s advancement in different spheres .
India has also ratified various international conventions and Human
Rights instruments committing to secure equal rights of women.
Key among them is the ratification of the convention on Elimination
of All Forms of Discrimination against Women (CEDAW) IN 1993.

 WOMEN RESERVATION:
Provision providing for reservation of seats for women
in local bodies or in education institutions are valid.
The Division Bench of the Supreme Court emphatically
declared that the power conferred upon the State by
Art 15 (3) is wide enough to cover the entire range of
State activity including employment under the State .
Thus making special provisions for women in respect
of employment or posts under the State is and integral
part of Art 15(3), and this power is not whittled down
in any manner by Art 16.

 Part 2. Women and the law in the constitution of India:

Right to equality:
Women are equal with men in all respects .The constitution of India has given
the right to equality under Art 14.
Art 14. Equality before the law- The State shall not deny to any person
equality before the law or equal protection of the laws with in the territory of
India.
Art 15 .Prohibition of discrimination on grounds of religion , race , caste sex or
place of birth (1). The state shall not discriminate against any citizen on
grounds only of religion ,race, caste , sex place of birth or any of them.
(2). No citizen shall , on grounds only of religion race caste ,sex place of birth
or any of them ,be subject to any disability ,liability ,restriction or condition
with regard to
(a). Access to shops .public restaurants ,hotels and places of public
entertainment ;or
(3).Nothing in this article shall prevent the state from making any special
provision for women and children .

 Art 16. Equality of opportunity in mater of public employment- (1)

There shall be equality of opportunity for all citizen in matters
relating to employment to any office under the state.
(2). No citizen shall, on the ground only of religion , race , caste ,
sex , descent , place of birth ,resident or any of them ,be ineligible
for , or discriminate against in respect of , any employment or
office under the state.
The state shall, in particular ,direct its policy towards securing
That the citizens men and women equally , have the right to an
adequate means of livelihood.
That there is equal pay for equal work for both men and women;
That the health and strength of workers, men and women ,and the
tender ages of children are not abused and what citizens are not
forced by economic necessity to enter avocations unsuited to their
age or strength.

 PROTECTION OF WOMEN UNDER THE CONSTITUTION OF INDIA:

Part III of the Constitution deals with the Fundamental Rights , enshrined
in Articles 12 to 35 , which are applicable to all citizens irrespective of
sex,Caste,creed or religion. Nevertheless certain provisions are
incorporated with an intention to protect the rights of women .
Art 15(1) of the constitution prohibits gender discrimination on the ground
of religion,race,sex,orplace of birth shall not prevent the state of making
special provisions for women and children , but such law shall not be
violative of Art 15.Art 15(3) hauls up that discomfiture and sanctions the
State to positively show favoritism in errand of women to make special
provision to ameliorate social , economic and political conditions and
concordat them equally .
Making special seating provision for women in public transportation is in
no way unconstitutional. The courts have always approved the validity of
such special legislations rather special measures and these women and
children titling favorable legislation can be witnessed in the realm of
criminal law.

 The Apex Court has elevated the status of working women

in India and confirms that women shall not be denied a job
merely because a women .
This was decided in the landmark case Air India vs.
Nargesh Meerza Air 1981 SC1829. in another Milestone
case , Miss C.B. Muthamma vs. Union of India AIR 1979 Sc
1868 ,the Hon`ble Supreme court laid down that seniority
promotion shall not be denied on the ground of sex.
There are several statutes made by the State in the past
as well as in the recent times foe upliftment and progress
of the status of women in India .
Thus the protecting and securing the dignity and integrity
of women in India.

 ACTS FOR THE BENEFIT OF WOMEN:

Several Acts have been passed for the improving the condition
of women from time to time.
Dowry prohibition Act 1961.
Contract Labor Act 1970 as well as Factories Act 1948 provide
that women cannot be employed in the night between 9am to
6pm .Women cannot be required to work more than 9 hours.
Equal Remuneration Act 1976.
The Indecent Representation of women (prohibition)Act 1986
The Commission of Sati (prevention)Act 1987.
Protection of women from domestic violence Act 2005.
Maternity Benefits Act 1961.
Child marriage prohibition Act 1929.

 CRITICAL STUDY ON WOMEN AND THE LAW IN INDIA:

Today , many women`s right organizations continue to do important work
in this area in many countries .Through international cooperation and
borderless networks ,women`s voice started to be heard effective in
different communities.
The reality of women`s lives remains invisible to men and women alike
and this invisibility persists at all levels beginning with the family to the
nation. Although geographically men and women share the same space,
they live in different worlds.
The mere fact Women hold half the sky does not appear to give them a
position of dignity and equality. True , those over the year`s women have
made great strikes in many areas with notable progress in reducing some
gender gaps. Yet, the afflicted world in which we live is characterized by
deeply unequal sharing of the burden of adversities between men and
women. Sprawling inequalities persist in their access to education, health
care physical and financial resources and opportunities in the political,
economic social and cultural spheres.

 Gender inequality holds back the growth of individuals , the

development of nations and the evolution of societies to the
disadvantages of both men and women .Gender issues are not
simply talking about women `s issues. Understanding gender
means understanding opportunities ,constrains and the impact of
change as they affect both men and women. The impact of
inequality is reflected in the status of women worldwide and in
India. The country can boast of the decade of reforms .But of what
consequence? Most of these programs remain limited to the urban
population . The rural belt as well as the unskilled urban wage
workers go unnoticed and unaffected. The government has
proposed and launched a number of programs for the
empowerment of women, including the observance of the year
2001 as the year of women`s empowerment . It was said ,- Our
vision in the new century is of a nation where women are equal
partners with men.

 Many new projects were launched like Swa Shakti and

StreeShaktifor women`s empowerment; Swayamsidha to
benefit 100,000 women through micro-credit programs and
Balika Samridhi yojana for the girl child. However, apart
from a lot of hoopla and the accompanying verbal
diarrhoea,not much was registered. There are those who
point to an unfounded development in the social position of
women through the achievements of the likes of Indra Nooyi
. However , one swallow alone doesn`t make a summer. WE
cannot deny that there have been changes .These changes
have been limited to the upper crust of the social order .
What we need to realize is that any new program has to
overcome the centuries old hold subjugation and
marginalization of women.

 CONCLUSION:
When we recall the gender movement , we remember
the feminist movement to defend gender equality in
organized ways for hundred of years since the mid -19 th
century. Western feminists fought for the recognition of
women as Person entitle to vote in the elections or to
receive an advanced education ; later , feminists fought
for shared responsibility of unpaid housework and
childrearing , for non discrimination in the workplace
and to earn equal pay for equal work , for women`s
autonomy and reproductive rights ,feminists are also
working to end sexism and transform patriarchal
institutions in various communities.

 As a result , there have been major international

efforts focused at eradicating these inequalities
.The Convention on the Elimination of All forms of
Discrimination Against Women (CEDAW) is the
main International Human Rights treaty for women
adopted by the United Nations General Assembly
in 1979.
In Convention CEDAW, it is often described as an
international bill or right for women. The detailed
document defines what constitutes discrimination
against women and sets up agenda for
international action to end such discrimination.

POWER TO
WOMEN ,
POWER
TO ALL OF US !

THE
END