Protection of women

under constitution of
India
HARIOM
CUSB1813125033
5TH SEMESTER
SECTION:-A
BACH :-2018-23
 INTRODUCTION

Half of the Indian population are women.

Women have always been discriminated
against and have suffered and are suffering
discrimination in silence. Self-sacrifice and self-
denial are their nobility and fortitude and yet
they have been subjected to all inequities,
indignities, inequality & discrimination.
Gender equality and protection under
the constitution
Women enjoy a unique position in every society and country of the
world. Despite their contribution in all spheres of life, they suffer in
silence and form a class which is in a disadvantaged position because
of several barriers and implements. India, being a country of
paradoxes, is no exceptions. Here too, women, an epitome of Shakti,
once given an exalted status, are in need of empowerment-legal, social,
political and economic. However, empowerment equality are based on
the gender sensitivity of society towards their problems. The
intensification of women’s issues and rights movement all over the
world is reflected in the form of various Conventions passed by the
UN. These the international protections have helped in the articulation
 Constitutional-provisions

A constitution is the basic document of a country,

having a special legal sanctity, which sets the
framework and the principal functions of the
organs of the governments of state and declares
the principles governing the operations of these
organs. The constitutions aims at creating legal
norms, social philosophy and economic values,
which are to be effected by striking synthesis,
harmony and functional adjustment between
individual rights and social interest.
 Preamble
The Preamble contains the quintessence of the
constitution and reflects the ideals and aspirations of the
people. The Preamble starts by saying that we, the
people of India, give to ourselves the constitution. The
source of the constitution is thus traced to the people,
i.e. men and women of India, irrespective of cast,
community, religion or sex. The framers of the
constitution were not satisfied with mere territorial unity
and integrity. If the is to be lasting, it should be based on
social, economic and political justice. Such justice
should be equal for all.
Economic rights
There has been a catena of legislation conferring
equal rights on women and men. These legislation
have been guided by the provisions of the
fundamental rights and the directive principles of
state policy. Here again, there is a total lack of
awareness regarding economic rights among
women. Laws to improve their condition is matters
relating to wages, maternity benefits, equal
remuneration and property or succession have
been enacted to provide the necessary protection
is these areas.
 Political-Rights
Despite the fact that women participated equally in
the freedom struggle and, under the constitution
and law, have equal political rights as men,
enabling them to take part effectively in the
administration of the country, it has had little effect
as they are negligibly represented in politics. There
were only seven women members in the constituent
Assembly and the number latter decreased further.
Their representation in Lok sabha is far below the
expected numbers. This had led to the demand for
reservation of 33% seats for women in the Lok sabha
 Politically empowerment of women has been
brought by the Constitution (73rd Amendment)
Act, 1992 and the Constitution (74th
Amendment ) Act,1992, Which reserve seats
for Women in Gram panchayats and
municipal bodies. Illiteracy, lack of political
awareness, physical violence and economic
dependence are a few reasons which restrain
women from taking part in the political
processes.
 RIGHT TO FREEDOM OF
WOMEN
Articles 19 to 22 of The Constitution of India provide a detailed scheme of
Right to Freedom. Article 19 (1) guarantees 6 freedoms (speech and
expression, assembly, association or unions, movements, residence,
profession and occupation) for citizens with reasonable restrictions
and Article 21 provides for Right to life and personal liberty of each and
every person in India which includes Right to live with human dignity, right
to livelihood, right to work, right to privacy, right against sexual harassment
etc. The Indian Parliament also enacted The Indecent Representation of
Women (Prohibition) Act, 1986 which prohibits indecent representation of
women through advertisements, books, writings, paintings, figures films or
any other manner. The Supreme Court also emphasized the need to
provide a life of dignity to the sex workers in our country by giving them
some technical skills through which they can earn their livelihood instead
of by selling their bodies.
RIGHTS OF WOMEN AGAINST
EXPLOITATION
Right against exploitation is recognized under Article 23 and 24 of the
Constitution of India. Article 23 prohibits “traffic in human beings and
beggar and other similar forms of labour”. The expression “traffic in
human beings is evidently a very wide expression including the
prohibition of traffic in women for immoral or other purposes. Also the
Suppression of Immoral Traffic in Women and Girls Act, 1956 has been
enacted with the object of inhibiting or abolishing the
immoral trafficking of women and girls. Articles 21 & 23 also impose the
duty on state to identify, release and rehabilitate freed bonded
labourers. In Gaurav Jain vs. Union of India, the Supreme Court held
that the children of the prostitutes have the right to equality of
opportunity, dignity, care, protection and rehabilitation so as to be
part of mainstream social life.
RIGHTS OF WOMEN UNDER
DIRECTIVES
Directive principles of State policy under Articles 36 to 51 of the
Constitution of India are fundamental in the governance of the
country and it shall be the duty of the state to apply these principles in
making laws. Under this various rights of women have been
implemented through legislations. The Directive under Article
39(a) provides that the citizens, men and women equally have the
right to an adequate means of livelihood and Article 39(d) ensures
that there is equal pay for equal work for both men and women. The
Parliament has enacted the Equal Remuneration Act, 1976 and to
implement Article 39 (d). Article 42 of the Constitution provides that
the state shall make provision for securing just and humane conditions
for work and maternity relief and for this purpose the Maternity Benefit
Act, 1961 was enacted.
POLITICAL REPRESENTATIONS OF
WOMEN
Article 40 of the Constitution which lay down that the state shall take
steps to organize village panchayats and endow them with such
powers and authority as may be necessary to enable them to function
as units of self government. To realize the Directive the 73rd and
74th Constitutional Amendments had sought to ensure a certain
proportion of women as chair persons of panchayats. According
to Article 243- D (3) and 243-T (3), not less than one third of the total
number of seats to be filled by Directive election in every Panchayat
/Municipality shall be reserved for women (including SCs AND STs). This
opportunity of being a part of local level arbitration process has
improved the social conditions of women in village areas.
Constitutional Provisions
Fundamental Rights, among others, ensure equality before the law
and equal protection of law; prohibits discrimination against any
citizen on grounds of religion, race, caste, sex or place of birth,
and guarantee equality of opportunity to all citizens in matters
relating to employment. Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c)
and 42 of the Constitution are of specific importance in this regard.
1. The State not to discriminate against any citizen on grounds only
of religion, race, caste, sex, place of birth or any of them (Article 15
(i))
2. The State not to discriminate against any citizen on grounds only
of religion, race, caste, sex, place of birth or any of them (Article 15
(i))
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3. The State to make any special provision in favour of women and
children (Article15 (3))
4. Equality of opportunity for all citizens in matters relating to
employment or appointment to any office under the State (Article
16)
5. The State to direct its policy towards securing for men and women
equally the right to an adequate means of livelihood (Article 39(a));
and equal pay for equal work for both men and women (Article
39(d)
6. To promote justice, on a basis of equal opportunity and to provide
free legal aid by suitable legislation or scheme 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 39 A)
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7. The State to make provision for securing just and humane
conditions of work and for maternity relief (Article 42)
8. The State to promote with special care the educational and
economic interests of the weaker sections of the people and to
protect them from social injustice and all forms of exploitation
(Article 46)
9. The State to raise the level of nutrition and the standard of living of
its people (Article 47)
10. To promote harmony and the spirit of common brotherhood
amongst all the people of India and to renounce practices
derogatory to the dignity of women (Article 51(A) (e))
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11. 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 to be reserved for women and such seats to be allotted by
rotation to different constituencies in a Panchayat (Article 243 D(3))
12. Not less than one- third of the total number of offices of
Chairpersons in the Panchayats at each level to be reserved for
women (Article 243 D (4))
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 total number of seats to be filled by direct election in every
Municipality to be reserved for women and such seats to be allotted
by rotation to different constituencies in a Municipality (Article 243 T
(3))
Legal Provisions
To uphold the Constitutional mandate, the State has
enacted various legislative measures intended to ensure
equal rights, to counter social discrimination and various
forms of violence and atrocities and to provide support
services especially to working women.
Although women may be victims of any of the crimes such as
Murder, Robbery, Cheating etc, the crimes, which are
directed specifically against women, are characterized as
Crime against Women. These are broadly classified under
two categories.
Special Initiatives For Women
(i) National Commission for Women
In January 1992, the Government set-up this statutory body with a
specific mandate to study and monitor all matters relating to the
constitutional and legal safeguards provided for women, review the
existing legislation to suggest amendments wherever necessary, etc.
(ii) Reservation for Women in Local Self -Government
The 73rd Constitutional Amendment Acts passed in 1992 by Parliament
ensure one-third of the total seats for women in all elected offices in
local bodies whether in rural areas or urban areas.
(iii) The National Plan of Action for the Girl Child (1991-2000)
The plan of Action is to ensure survival, protection and development
of the girl child with the ultimate objective of building up a better
future for the girl child.
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(iv) National Policy for the Empowerment of Women, 2001
The Department of Women & Child Development in the Ministry of
Human Resource Development has prepared a National Policy for
the Empowerment of Women in the year 2001. The goal of this policy
is to bring about the advancement, development and
empowerment of women.
Thank You