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LEGAL RIGHTS AND STATUS OF WOMEN IN THE INDIAN CONSTITUTION
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LEGAL
RIGHTS AND STATUS OF WOMEN IN THE INDIAN CONSTITUTION
Authored By - Srijan Kar
Abstract
The legal and
constitutional rights of women are guaranteed under the Indian Constitution. It
is considered that women gave birth to human civilisation and progress. They
play a crucial part in our society. They are necessary for every family. The
two categories of rights available to women in India are known as Sacred rights
and Statutory rights. Sacred rights are those that are guaranteed by the
constitution's numerous clauses. Therefore, statutory rights are those that are
described in a variety of federal and state laws (statutes). The essential to a
family is a woman, whether she is a daughter, wife, mother, grandma, or any
other type of woman. Without women, the world is never truly complete. In order
to regulate people's behaviour, the law establishes a set of rules. We will
enter a life full with contradictions, Dr. B. R. Ambedkar said in his final
speech to the parliament during the debate. Equalities and disparities will
exist in politics, as well as in social and economic life. Women have always been
regarded as a weaker group in society. They have been the victims of crimes like acid, throwing,
rape, paedophilia, female fetish, dowry, domestic violence, and underage
marriage. Only under the skin of her father and husband did she have the right
to survive. laws made to provide women their rights and protect their lives
from abuse in their families and cultures. The constitution not only upholds
the equality of women but also grants the state the authority to promote gender
equality. Our development laws, policies, strategies, and programmes all
endeavour to advance women in a variety of professions within a democratic
framework. They must therefore be protected and valued in society. They cannot
have their importance in creating a family and a community minimised or
degraded.
Introduction
Legally, a girl becomes a
woman after having experienced her adolescence and childhood, therefore after
going through those stages, a girl becomes a woman. The Indian government has
passed laws to safeguard women from various forms of abuse and crime[1]
and to grant them the same position as males in our society. Fundamental rights
and obligations are provided to Indian people under the Constitution. These
rights and duties apply to all citizens of this nation.
The Constitution of
India[2]
guarantees to all Indian women:
1) Equality (Article 14),
2) No discrimination by
the State Authority (Article 15(1)),
3) Equality of
opportunity (Article 16),
4) Equal pay for equal
work in every term (Article 39(d)),
Additionally, it permits
the state to take extra precautions for women and children (article 15(3)) and
forbids actions that are demeaning to women's dignity (article 51(A)(e)). It
also permits the provision of safe and humane working conditions and maternity
care throughout the State (Article42). Studies have demonstrated that in the
early Vedic period and in antiquity, women held the same rank and power.
However, the quality of women began to decrease around 500 B.C., and as a
result, women's independence and rights declined with the Islamic invasion of
Babur, the Mughal Empire, and Christianity. When child marriage and widow
remarriage became illegal in several groups in India throughout the Middle
Ages, the status of Indian women in society[3]
continued to worsen. In India's war for freedom, women played a role as well.
With British authority, women's conditions started to get better. Indian women
are currently actively participating in a wide range of fields, including
education, sports, politics, the media, the arts and culture, services, science
and technology, etc. The oldest prime minister in the world is Indira Gandhi,
who served as India's leader for a total of 15 years. Numerous initiatives and
agreements in support of women are carried out by the Indian government.
LEGAL
STATUS OF A WOMAN IN INDIA:
In India, women are given
legal protection to ensure their participation in economic, social, and
cultural life. These actions show the Government of India's [4]efforts
to safeguard the lives of women.
1) Dowry Prohibition Act
1961,
2) Maternity Benefit Act
1861, Births, Deaths & Marriages Registration Act 1886,
3) Medical Termination of
Pregnancy Act 1971,
4) National Commission
for Women Act 1990,
5) Pre-natal Diagnostic
Techniques (Regulation and Prevention of Misuse) Act 1999,
6) Protection of Women
from Domestic Violence Act 2005,
7) Sexual Harassment of
Women at Work Place (Prevention, Prohibition & Redressal)
Act 2013,
8) Hindu Widows
Remarriage Act 1856,
9) Muslim women
(protection of rights on divorce) Act 1986,
10) Guardians and Wards
Act of 1890,
11) Indian Penal Code
1860,
12) Christian Marriages
Act, 1872, etc.
MAPPING
THE VIOLATIONS OF WOMEN'S RIGHTS
1)
Missing
Women and Girls:
The phrase "missing women"
has been used in several emerging nations when it was determined that women
make up a smaller percentage of the population than men. In numerous Indian
states, women and girls are going missing. The main factor contributing to his
death was human trafficking. Girls who are trafficked experience severe
exploitation and lack of basic necessities. In northern India, where the issue of
gender imbalance is especially obvious, girls from low-income families are sold
to males through middlemen. In addition to that, there have been instances of
women going missing from their marital residence. Their absence is mostly
caused by the possibility of violent and criminal activities against women both
within and outside the home.
2)
Dowry
Death:
The number of dowry-related murders
of women in married homes has surged in India. Dowry disputes have grown to be
a serious issue. The National Office of Criminal Records[5]
estimated that 8,233 newlywed women were killed in 2012 because they were being
forced to pay dowry. It is illegal in the nation to receive or give a dowry. In
India, the "Dowry Prohibition Act" has not been well implemented. We
discover that neither the dowry officials nor they are compelled to preserve
records of the gifts and receipts in the majority of states.
3)
Domestic
Violence:
Despite the Protection of Women from
Domestic Violence Act of 2005, domestic violence has remained pervasive in
India. It occurs when a woman is subjected to aggressive or illegal behaviour
by her husband, her in-laws, her father, her brothers, or other family members.
It encompasses a variety of things, such as verbal and physical abuse. Women
endure domestic violence for a variety of reasons, including inability to
adequately care for the family, financial difficulties, a desire to produce a
male kid, and ignorance and illiteracy among women[6]. Challenges,
unmet basic demands and expectations, health issues, and negative emotions like
contempt and protest.
4)
Child
Marriage:
When girls under the age of 18 and
boys under the age of 21, child marriage occurs. It is believed that underage
marriage robs girls of their childhood. They struggle to enrol in school,
pursue an education, participate in kid-friendly activities, and develop their
talents. Additionally, it impairs the child's social, psychological, and
emotional growth. Girls experience anxiety and worry when they become victims
of domestic violence in their married home. In accordance with the 2006 Child
Marriage Act, ladies must be at least 18 years old to get married, while boys
must be at least 21.
5)
Sexual
Harassment at Workplace:
It is believed that the most
detrimental issue impeding its development is the possibility of sexual
harassment at work. In India, discrimination against women exists when it comes
to pay and benefits for work. For both urban and rural locations, it is a fact
that they are misused for job advancement and promotion[7].
Finding funding and resources to launch a firm can be particularly difficult
for female entrepreneurs. The psychological attitudes of women are disturbed by
workplace sexual harassment. Even though she is struggling financially and
needs a job, she is compelled to leave her employment.
6)
Rape:
The rape cases have increased in
India, dramatically in the last ten years. Rape is usually caused by enmity,
hostility, resentment, or other reasons.
7)
Acid
Attack:
According to a Thomas Reuters
Foundation survey, India is the fourth-most hazardous country in the world for
women to experience this heinous kind of violence and decadence[8],
regardless of their class, caste, creed, or religion. In India, women who defy
a man's marriage proposal or divorce are targeted with acid assaults as
retaliation. Acid is the quickest way to ruin a woman's life because it is
affordable and easily accessible. Increase the frequency of acid assaults.
FUNDAMENTAL RIGHTS TO IMPROVE
THE STATUS OF WOMEN:
The articles in Part III [9]of
the Constitution of India refer to fundamental rights aimed at
improving the quality of
women and providing them with equal opportunities, as indicated
below:
1)
Article
14 of the Constitution of India:
In accordance with Article 14 of the
Indian Constitution, women have equal protection rights and are accorded same
rights under the laws of India's territorial jurisdiction. It demonstrates the
need for treating everyone fairly under the same conditions, regardless of
gender. The law must be applied equally and the state cannot discriminate against
one person or another.
2)
Article
15 of the Constitution of India:
The prohibition of discrimination is
addressed in Article 15 of the Indian Constitution, which forbids the state
from treating any citizen—including women—unfairly on the basis of their race,
gender, religion, place of birth, or socioeconomic background. In terms of
access to stores, hotels, restaurants, banks, infrastructure, public spaces,
etc., it establishes that all citizens are entitled to the same rights.
3)
Article
16 of the Constitution of India:
Women have equal opportunity in
public work, including all citizens, under Article 16 of the Indian
Constitution, regardless of their gender, colour, caste, ethnicity, religion,
or religion of socio economic origin.
4)
Article
17 of the Constitution of India:
Untouchability was outlawed in 1955
when the Untouchability (Criminal Offenses) Act was approved by the Parliament,
in accordance with Article 17 of the Indian Constitution. The Untouchability
(Criminal Offenses) Amendment Act of 1976 changed the law to make it stricter
and get rid of society's untouchability.
5)
Article
19 of the Constitution of India:
According to Article 19 of the Indian
Constitution, all citizens, including women, have the freedom to speak their
minds, to assemble in peace without weapons, to form unions or associations, to
move freely throughout the nation, to live or settle in any location, and to
practise any profession or run any lawful business at their discretion
.
6)
Article
21 of the Constitution of India:
Anyone's life or personal freedom
cannot be taken away from them in accordance with the legal process. Included
in this are the rights to life, dignity, privacy, and other things. In
addition, because it violates the self-respect and dignity of the victims,
domestic violence against women is a violation of Article 21 of the Indian
Constitution.
7)
Article
24 of the Constitution of India:
The employment of boys, particularly
girls, under the age of 14 in a factory, quarry, or other hazardous industry is
prohibited by Article 24 of the Indian Constitution.
SPECIFIC LURE FOR WOMEN:
Reserve for Women in Local
Self-Government:
A third of all seats in local
authorities must be held by women, whether they reside in rural or metropolitan
regions, according to the 73rd law modifying the Constitution, which was
approved by Parliament in 1992.
National Action Plan for Girls:
The action plan's main objective is
to safeguard girls' development and survival in order to give them a better
future.
JUDICIAL APPROACH TO GENDER EQUALITY:
In the Supreme Court cases Muthamma
v. Union of India[10] and
Air India v. Nargesh Mirza[11],
which impose discriminatory terms of employment that permit employees to take
time off before getting married and face denial, this is allowed. There must be
marriage. pregnant women's right to work.
The Supreme Court ruled in Vishaka v.
State of Rajasthan [12]that
exposure of women to gender-based violence, including as sexual harassment at
work, might gravely undermine worker equality. In order to ensure that women's
working circumstances are equal and protected from sexual harassment, the
Supreme Court has published rules. The Supreme Court of India heard Vishaka, a
public interest class-action complaint, to stop sexual harassment of female
employees in all workplaces by lone social workers and non-governmental
organisations (NGOs). They stated that although the employees were aware of
this, neither the legislative power nor the executive branch took any concrete
preventive action. In order to uphold the fundamental rights of women
guaranteed in the constitution, the plaintiff therefore turned to the Supreme
Court.
The courts have overturned
discriminatory clauses that benefit males and disadvantage women in public
employment cases[13].
DPSP (DIRECTIVE PRINCIPLE OF STATE POLICY)
AND WOMEN:
The direct guiding concept of state
policy is that India is a democratic welfare state, as stated in the Indian
Constitution of 1950. The guiding principles of state policy guarantee equal
rights at work, equal compensation for comparable work, and respectable and
dignified livelihoods for men and women, all of which are provided by this
policy. The welfare and advancement of women are covered in Part IV of the
Constitution, which also contains Articles 38, 39(a), (d), and (e), 42, 44, and
45. The right to an adequate means of subsistence for all citizens, men and
women, shall be guaranteed by the state, according to Article 39(a). Regardless
of fair food, this provision accords the same rights to all citizens. According
to Article 39(d) of the Constitution, all three must pay men and women equally
for equivalent labour. As a result, the state implements its policy within the
parameters of its constitutional duty to ensure that men and women receive
equal pay for equal work.
The notion of "equal work"
is definitely a constitutional objective, but the supreme court has concluded
in Randhir Singh v. Union of India[14]
that the Constitution does not enshrine it as a basic right. Article 39 (d),
the equal pay for equal work principle, differs from these articles and can be
applied effectively in cases of unequal pay caused by a lack of classification
or an illogical classification of various types of equal pay, prior to
preparing rules for similar jobs with the same employer. The Supreme Court
ruled in the case of the current victim that, despite not being a fundamental
right, the idea of "equal pay and equal effort" is indeed a
constitutional objective that can be carried out through constitutional means
under article 32 of the Constitution.
Closely, The Supreme Court declared
in the case of State of Haryana v. Rajpal Sharma [15]that
instructors employed by private schools in the state of Haryana are entitled to
the same pay and benefits as those employed by public schools. Even though the
males are paid more, it is irrelevant if the sort of labour is different. But
if the task is of the same nature, men and women should be paid equally and
without prejudice.
WOMEN EMPOWERMENT SCHEMES[16]:
1) Beti Bachao Beti Padhao Scheme,
2) One Stop Centre Scheme,
3) Women Helpline Scheme,
4) UJJAWALA: A Comprehensive Scheme
for Prevention of trafficking and Rescue,
Rehabilitation and Re-integration of
Victims of Trafficking and Commercial Sexual
Exploitation,
5) Working Women Hostel,
6) Ministry approves new projects
under Ujjawala Scheme and continues existing
projects,
7) SWADHAR Greh (A Scheme for Women
in Difficult Circumstances),
8) Support to Training and Employment
Programme for Women (STEP),
9) NARI SHAKTI PURASKAR,
10) Awardees of Stree Shakti
Puruskar, 2014 & Awardees of Nari Shakti Puruskar,
11) Awardees of Rajya Mahila Samman
& Zila Mahila Samman,
12) Mahila police Volunteers,
13) Mahila E-Haat,
14) Mahila Shakti Kendras (MSK),
15)NIRBHAYA,
CONCLUSION:
Although the Indian constitution
guarantees women the same rights as men, powerful patriarchal traditions
continue because of long-standing social norms that still apply to women today.
The majority of Indian households view girls as a duty, and they teach them to
feel inferior to both men and to other women. Women's rights are protected on a national level to
secure the advancement of women through socioeconomic and educational
possibilities, in order to fulfil the constitutionally mandated goals of equality
and social justice for historical reasons. Through affirmative action in
government, employment, and other sectors, they have changed in recent decades
in your favour. Despite
this, it has been common knowledge in newspapers and other media that crimes committed
against women often result in severe consequences. Our society is still
dominated by maleism. The primary cause of all this harm is illiteracy. Despite
the evolution of education and other significant improvements in Indian
society, certain modifications have been made and implemented in a variety of
ways, but Indian women are still mostly in the dark. A woman experiences more
difficulties in her life than a guy. Respect for women equates to respect for
all of creation. The most cowardly person would abuse a woman. Women can work
outside the home; they are not weak; instead, they are committed to raising
their families. In some cases, they excel academically or professionally.
[1]Report
No. 37820, Crime, Violence, and Development: Trends,
Costs, and Policy Options in the Caribbean, available
at
[2] The
Constitution of India, available at https://www.india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf
[3] PREETI
NARULA, Role of Women in Society, available at https://fairgaze.com/interested-article/role-of-womenin-society.htm
[4]
SANDRA DAY O'CONNOR, The Legal Status of Women: The Journey toward Equality,
available at
[5]
See Table 5(A) Crime Head-wise Cases Registered under Crime against Women
during 2011 - 2015 and
Percentage Variation in 2015 over 2014, available at
[6] All India Democratic Women’s Association.
Gender-Just Laws
[7] Why
India Needs the Women’s Reservation Bill, available at https://www.oxfamindia.org/policybrief/whyindia-needs-women’s-%20reservation-bill.
[8] BELINDA GOLDSMITH & MEKA BERESFORD,
Exclusive: India Most Dangerous Country for Women with Sexual
[9] Part
3 Constitution of India: Fundamental Rights, available at https://www.latestlaws.com/bare-acts/centralacts-rules/coi-part-3-fundamental-rights/.
[12] AIR
1997 SC 3011.
[13]
Public Employment Cases, available at
[14]
GAUTAM BHATIA, Equal Pay for Equal Work: Statute and Constitution, available at
[15] AIR
1985 SC 1263
[16] Women
Empowerment Schemes, available at https://wcd.nic.in/schemes-listing/2405.
Article Information
LEGAL RIGHTS AND STATUS OF WOMEN IN THE INDIAN CONSTITUTION
Authors: Srijan Kar
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/08/04
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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