ROLE OF CONSTITUTION OF INDIA IN BRINGING THE GENDER

EQUALITY

SYNOPSIS

Submitted By:

Shubham Sakhuja Aaditya Singh Rathour

Reg. No: 15040142135 Reg. No: 1504012089

BBA. LLB. (Hons.) 2015-20

Course Supervisor: Mr. Benarjee Chakka

Alliance School of Law Alliance

University, Bangalore

Date of Submission: 26/08/2019

 A) Title

Role of constitution in India in bringing the gender equality

B) Background

The present paper looks at the historical background of the rise of feminism and women’s
movement and doing gender in India. Not only in India but all over the world there has been a
close link between feminism and the women’s movement, each inspiring and enriching the other.
In the Indian context, while the women’s movement is a much earlier phenomenon, the term
Feminism is a modern one. Feminism comprises a number of social, cultural and political
movements, theories and moral philosophies concerned with gender inequalities and equal rights
for women. In the pre-independence era, the women’s movement began as a social reform
movement in the 19th century. At this time, the western idea of liberty, equality and fraternity
was being imbibed by our educated elite through the study of English and the contact with west.
This western liberalism was extended to the women’s question and was translated into a social
reform movement. In the post-Independence period during the first few decades, the major
concern was for overall economic growth. This was immediately followed by another decade,
which witnessed an increased concern for equity and poverty alleviation. Gender issues were
subsumed in poverty related concerns and there were no such specific programs, which aimed
at women. In the post-independence period, the women’s movement has concerned itself with a
large number of issues such as dowry, women’s work, price rise, land rights, political
participation of women, Dalit women and marginalized women’s right, growing
fundamentalism, women’s representation in the media etc. and a large number of Non-
Government organizations have taken up this issue. Women’s studies and now Gender studies
is also an off shoot of the long history of women’s movement in India. Various women’s studies
Centers have been set up and today again these are at the brink of disappearing from the radar
and there is a struggle which is now going on. Though a lot needs to be achieved and there are
various impediments in making this reality available to a large section of women, the women’s
movement has brought women’s issues center stage and made them more visible.

C) Research Problem, Rationale and Scope of the Study, Objective of the Study

1. Research Problem
It is seen in our country that despite various laws being enacted and new provisions being added
day by day, gender equality is still not practiced in all corners of our countries, especially in rural
areas. Most of the people living in rural areas are unaware of the laws enacted for promoting
gender equality in India.

Does this mean the constitution of India, which is the law of the land, has failed to bring gender
equality, like other fundamental rights into practice?

2. Rationale and Scope of the Study

The literature available on the study whether the constitution of India lacks research on the
role played by it in breaching the gap of gender differences or equality. This paper fills the gap
in existing literature on the topic that critically analyses the status of the women in the light of
the Indian constitution and how the Constitution can play an instrumental role in bringing
gender equality in India.

3. Objectives of the Study

The objectives of the study are as follows:

1. To analyze the status of the women in the light of the Indian constitution.

2. To learn the difference between a constitutional right and a legal right and whether the
constitution has been successful in bringing gender equality in the country.
3. To examine the validity of various constitutional provisions from the point of view of
various feminist schools of thought.

4. To examine the various personal law reforms following independence and the manner
in which courts have tackle the challenges to the constitutionality of personal laws
5. To suggest the measures and policies to preserve and enforce the gender equality in the
constitution and various acts throughout the country.

D) Review of the Literature

1. Marsha A. Freeman, “Measuring Equality: A Comparative Perspective on

Women's Legal Capacity and Constitutional Rights in Five Commonwealth
Countries”, Berkeley Journal of Gender, Law & Justice, Vol. 5, Issue 1, Article 3,
1990, pp. 110-138.
This article examines how changes in law and policies enacted pursuant to or independently
of constitutional guarantees can be evaluated to determine whether they advance equality,
and whether these guarantees of equality are enforced. It discusses the constitution of 5
commonwealth countries and how government and societies, by changing their laws and
policies may act to remedy inequities despite the lack of a constitutional mandate to do so.

2. Flavia Agnes "Supreme Court's Judgement Ignores Lived Reality of Married

Women", Economic & Political Weekly, Vol 52, Issue 36, 2017.

This paper studies the judgements taken by the Supreme Court is relation to women rights
in the past 5 years. The author argues that the Supreme Court has been detached from reality
while utilizing the Constitution to protect the rights of women.

3. Rosemarie Garland-Thomson, “Feminist Disability Studies”, Vol. 30, Issue 2, 2005,

pp 1557-1587.

This paper compares the feminist movement of the 20th century and how a similar thinking
could benefit people with disabilities. The author extends her scope beyond women to
encompass the entire gender system. As similar to how being a woman is natural, the author
questions the belief that being disabled is a flaw.

4. Sarbani Guha Ghosal, “Major Trends of Feminism in India”, The Indian Journal
of Political Science, Vol. 66, Issue 4, 2005, pp 793-812.

In this paper, the author has taken a fourfold approach to feminism in India. The emergence
of feminist studies can correlate with the emergence of political consciousness and
participation by women. It takes a look on the pre-colonial feminism in the country.

5. Sarah-Marie Belcastro and Jean Marie Moran, “Interpretations of Feminist

Philosophy of Science by Feminist Physical Scientists”, NWSA Journal, Vol 15,
Issue 1, 2003, pp 20-33.

This author of this paper are physical scientists who study their experience of being part of
an independent study which surveyed work on scientific views of gender. The authors
conclude that interaction between feminist scientists and philosophers is required to build
feminist physical sciences.

E) Research Questions and Hypothesis

Research Questions:

1. To what extent preamble of the constitution, fundamental rights and duties and
directives principles provide immunity against gender discrimination?
2. Are the various laws enacted in the country enforced for the protection of women?
3. Are the decisions of the court in the country in lined with the aim of the constitution
to promote gender equality?

4. Has the government taken effective measures to spread awareness about the rights
available to women through various legislations?

Hypothesis:

Even though the constitution has enacted various provisions to promote gender
equality, the lack of awareness about it among the people leads to such provisions
being redundant.

F) Research Methodology

The research methodology employed during this paper is doctrinal. This paper uses primary
and secondary data to collect information and involves locating and interpreting relevant
primary and secondary sources of law and synthesizing those sources to form a rule or rules
of law. As part of this process, an evaluation and critique of competing sources was required.
Most of the information has been taken from the statutes, books, research papers and various
articles.

G) Tentative Chapters

1. Introduction

This part introduces the title of the paper and provides a brief overview about the issues
being dealt in the paper.
 2. Feminist schools of Thought

It introduces the various feminist schools of thought which have been prevailing for the
better part of the 20th century. It critically analyses the impact various schools of thought
have made in legislations across the globe.

3. Constitution of India

This chapter examines the Preamble of the constitution, Fundamental Rights,

Fundamental Duties, Directive Principles and certain judicial pronouncement from a
feminist point of view.

4. Constitutional validity of Personal Laws

This chapter analyses the various reforms in different personal laws since
independence and how they are in line with the aim of the constitution to reduce gender
equality.

5. Suggestions

This chapter suggests how the government could make women and men aware of their
rights which could prevent further discrimination on the basis of their gender.

6. Conclusion

This section finally concludes the research with the answers to the questions raised in
the paper.

7. Bibliography

It lists down the sources referred while writing this paper.

H) Bibliography

Legislation:

1. Constitution of India.

Book:

1. Hilaire Barnett, Introduction to Feminist Jurisprudence, 1998.

 Research Papers:

1. Marsha A. Freeman, “Measuring Equality: A Comparative Perspective on Women's

Legal Capacity and Constitutional Rights in Five Commonwealth Countries”, Berkeley
Journal of Gender, Law & Justice, Vol. 5, Issue 1, Article 3, 1990, pp. 110-138.
<https://scholar.smu.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&https
redir=1&article=1627&context=jalc> accessed 2 August 2019.
2. Flavia Agnes "Supreme Court's Judgement Ignores Lived Reality of Married Women",
Economic & Political Weekly, Vol 52, Issue 36, 2017.
<http://nludelhi.ac.in/download/publication/2015/Current%20Developments%20in%2
0Air%20and%20Space%20Law.pdf> accessed 4 August 2019.
3. Rosemarie Garland-Thomson, “Feminist Disability Studies”, Vol. 30, Issue 2, 2005, pp
1557-1587.
<https://www.pravo.unizg.hr/_download/repository/Stilinovic_rad.pdf> accessed 6

August 2019.
4. Sarbani Guha Ghosal, “Major Trends of Feminism in India”, The Indian Journal of
Political Science, Vol. 66, Issue 4, 2005, pp 793-812.
<http://www.nlujodhpur.ac.in/downloads/compettion_law_cirque.pdf> accessed 8

August 2019.
5. Sarah-Marie Belcastro and Jean Marie Moran, “Interpretations of Feminist Philosophy
of Science by Feminist Physical Scientists”, NWSA Journal, Vol 15, Issue 1, 2003, pp
20-33. <https://www.jstor.org/journal/nwsaj> accessed 10 August 2019.
6. Judith Butler, ‘Performative Acts & Gender Constitution’, The John Hopkins University
Press, Vol 40, Issue 8, pp. 519-531.
<https://www.amherst.edu/system/files/media/1650/butler_performative_a
cts.pdf> accessed 12 August 2019.
7. Maitrayee Chaudhari, ‘Feminism in Print Media’, Indian Journal of Gender Studies,
Vol 8, no. 2 (2008), pp. 91-116
<https://www.jnu.ac.in/Faculty/maitrayee/Feminism%20in%20Print%20Media.pdf>
accessed 14 August 2019.
8. Tauffiqu Ahamad, Anil Kumar Mishra, ‘Legal Status and Rights of Women in Indian
Constitution’, Vol 1, Issue 1, 2016, pp. 39-42.

<https://www.researchgate.net/publication/290691292_Legal_status_and_rights_of_w
omen_in_Indian_constitution> accessed 16 August 2019.