Women’s Right in Indian Constitution

Women's Right in Indian Constitution

The pledge of women’s right in the Indian Constitution is enshrined in the Preamble, Fundamental Rights, Directive Principles, Fundamental Duties, and at many other parts. The Constitution assures equal rights for women and also instructs State to adopt positive discrimination in women’s favor to neutralize the inherited and cumulative discrimination that women have been facing for many centuries such as practice of Sati (immolation after the death of husband – no more in practice), dowry, female feticide, and many other cruelties against women including domestic violence. 

 

Following are the major Constitutional provisions for the women in India:

Preamble

Preamble of the Indian constitution ensures justice and equality to its all citizen as:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity; and to promote among them all; and

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation.

Fundamental Rights

Articles from 12 to 35 ensure the Fundamental Rights; under these Constitutional Articles, many articles directly as well as indirectly assure women’s right as well positive discrimination in women’s favor as:

Article 14: This article ensures women “equality before the law or the equal protection of the laws.”  So, discrimination at any walk of life on the basis of SEX.

Article 15 (1): This article states that “the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.”

Article 15 (3): This article states that “nothing in this article shall prevent the State from making any special provision for women and children.”

Article 16 (2): This article states that “no citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.”

Directive Principles of State Policy

Articles 36 to 51 of Part IV of the Indian Constitution explain the Directive Principles of State Policy and in some of its articles ensure women’s right as:

Article 38. (1): Article 38 states that “the State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.”

Article 39 (a): This subsection of article 39 states that “that the citizens, men and women equally, have the right to an adequate means of livelihood.”

Article 39 (d): This subsection of article 39 states that “that there is equal pay for equal work for both men and women.”

Article 39 A: This subsection of article 39 states that “the State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.”

Article 42: This article states that “the State shall make provision for securing just and humane conditions of work and for maternity relief.”

Article 46: This article states that “the State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.”

Fundamental Duties

Article 51A of the Part IVA of the Indian Constitution explains the Fundamental Duties of the Indian citizens. One of the duties also ensures women’s right as:

Article 51A (e): This subsection of article 51A states that “to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women.” 

The Panchayats & Municipalities 

The 73rd and 74th Amendment Acts (1992) have enlarged the women’s right by reserving seats (33.33%) at different levels of democracy. 

Article 243D (3): This subsection of article 243D states that “Not less 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 filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat.”

Article 243D (4): This subsection of article 243D states that “The offices of the Chairpersons in the Panchayats at the village or any other level shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide.”

Article 243T (3): This subsection of article 243T states that “Not less 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 filled by direct election in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality.”

Article 243T (4): This subsection of article 243T states that “The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide.”