CONSTITUTIONAL AND LEGAL PROVISIONS FOR WOMEN IN INDIA

By Ayush Chandra 10 Minutes Read

Introduction

The rule of gender equality is dedicated to the Indian Constitution in its Prelude, Fundamental Rights, Fundamental Functions, and Directive Principles. The Constitution not only presents equality to women but also empowers the State to relevant actions of actual prejudice in favor of women. In the framework of a democratic nation, our laws, developing policies, plans, and schedules have directed at women’s progression in various spheres. India has also approved several worldwide representatives and human rights determine to perform to guard equal rights of women. Key amongst them is the permission of the Convention on Elimination of All Forms of Discrimination against Women (CEDAW) in 1993.

CONSTITUTIONAL PROVISIONS

The Constitution of India not only confers balance to women but also enables the State to utilize actions of positive prejudice in favor of women for compensating the collective socio-economic, education, and political difficulties faced by them. Fundamental Rights, among others, guarantee equality before the law and equal strength of law; prevents hatred against any citizen on grounds of religion, race, caste, sex or place of birth, and ensure the balance of opportunity to all citizens in subjects relating to employment. Articles

• Articles 14,
• Articles 15,
• Articles 15(3),
• Articles 16,
• Articles 39(a),
• Articles 39(b),
• Articles 39(c) and
• Articles 42 of the Constitution are of particular concern in this regard.

Constitutional Privileges

1. Equality before law for women [1]
2. The State not to distinguish against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them[2]
3. The State to perform any appropriate procurement in support of women and children[3]
4. Equality of opportunity for all citizens in subjects relating to job or promotion to any office under the State[4]
5. The State to conduct its strategy towards achieving men and women both the right to a sufficient means of livelihood (Article 39(a)); and fair pay for equal work for both men and women[5]
6. To uphold justice, on a principle of equal opportunity and to give free legal aid by suitable legislation or scheme or in any other way to guarantee that possibilities for achieving justice are not rejected to any citizen because of economic or other disqualifications[6]
7. The State to make procurement for obtaining just and humane forms of work and for maternity relief[7]
8. The State to assist with personal care the informative and economic benefits of the lower sections of the people and to defend them from human injustice and all forms of exploitation[8]
9. The State to support the level of nutrition and the standard of living of its people[9]
10. To promote peace and the feeling of common kinship amongst all the people of India and to relinquish usages injurious to the honor of women[10]
11. Not fewer than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be elected by direct election in every Panchayat to be held for women and such seats to be assigned by the revolution to different constituencies in a Panchayat[11]
12. Not less than one- third of the total number of offices of Chairpersons in the Panchayats at each level to be held for women[12]
13. Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the whole number of seats to be elected by direct election in every Municipality to be held for women and such seats to be assigned by the revolution to different constituencies in a Municipality[13]
14. Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes, the Scheduled Tribes and women in such practice as the legislature of a State may by law provision[14]

LEGAL PROVISIONS

To support the Constitutional order, the State has established several authoritative standards designed to guarantee equal rights, to counter social bias and different methods of brutality and crimes and to implement support services, especially to fighting women. Although gentlewomen may be instruments of any of the violations such as ‘Murder’, ‘Robbery’, ‘Cheating’ etc, the crimes, which are concentrated mainly against women, are described as ‘Crime against Women’. These are broadly categorized under two sections.

• The Crimes Identified Under the Indian Penal Code (IPC)
• Rape[15]
• Kidnapping & Abduction for different purposes[16]
• Homicide for Dowry, Dowry Deaths or their attempts[17]
• Torture, both mental and physical[18]
• Molestation[19]
• Sexual Harassment[20]
• Importation of girls (up to 21 years of age)
• The Crimes identified under the Special Laws (SLL)

Although all laws are not gendering specific, the requirements of the law concerning women significantly have been performed frequently and modifications brought out to keep speed with the emerging applications. Some acts which have particular phrases to safeguard women and their interests are:

1. The Employees State Insurance Act, 1948
2. The Plantation Labor Act, 1951
3. The Family Courts Act, 1954
4. The Special Marriage Act, 1954
5. The Hindu Marriage Act, 1955
6. The Hindu Succession Act, 1956 with an amendment in 2005
7. Immoral Traffic (Prevention) Act, 1956
8. The Maternity Benefit Act, 1961 (Amended in 1995)
9. Dowry Prohibition Act, 1961
10. The Medical Termination of Pregnancy Act, 1971
11. The Contract Labor (Regulation and Abolition) Act, 1976
12. The Equal Remuneration Act, 1976
13. The Prohibition of Child Marriage Act, 2006
14. The Criminal Law (Amendment) Act, 1983
15. The Factories (Amendment) Act, 1986
16. Indecent Representation of Women (Prohibition) Act, 1986
17. Commission of Sati (Prevention) Act, 1987
18. The Protection of Women from Domestic Violence Act, 2005

SPECIAL INITIATIVES FOR WOMEN

1. National Commission for Women: In January 1992, the Government set-up this lawful body with the specific command to study and observe all materials comparing to the constitutional and legal safeguards afforded for women, examine the actual legislation to suggest alterations wherever necessary, etc.
2. Reservation for Women in Local Self -Government: The 73rd Constitutional Amendment Acts established in 1992 by Parliament guarantee one-third of the total seats for women in all elected offices in local bodies whether in rural areas or urban areas.
3. The National Plan of Action for the Girl Child (1991-2000): Action plans to secure survival, security, and improvement of the girl child with the final goal of making up a better future for the girl child.
4. National Policy for the Empowerment of Women, 2001: The Department of Women & Child Development in the Ministry of Human Resource Development has developed a “National Policy for the Empowerment of Women” in the year 2001. The purpose of this strategy is to produce improvement, growth, and empowerment of women

[1] Article 14
[2] Article 15 (I)
[3] Article 15 (3)
[4] Article 16
[5] Article39(d)
[6] Article 39 A
[7] Article 42
[8] Article 46
[9] Article 47
[10] Article 51(A) (e)
[11] Article 243 D(3)
[12] Article 243 D (4)
[13] Article 243 T (3)
[14]Article 243 T (4)
[15] Sec. 376 IPC
[16] Sec. 363-373
[17] Sec. 302/304-B IPC
[18] Sec. 498-A IPC
[19] Sec. 354 IPC
[20] Sec. 509 IPC

Ayush Chandra