TOPICON

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 -19th 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