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Gender-related provisions in Indian Constitution


Gender-related provisions in Indian Constitution
Part III : Fundamental Rights

Article 15 (1): 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 (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.
Article 16 (2): 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.
Gender-related provisions in Indian Constitution
Part IV : Directive Principles of State Policy

Article 39 : The State shall direct its policy towards securing- (a) that
the citizens, men and women equally, have the right to an adequate
means of livelihood…
Gender-related provisions in Indian Constitution
Part IVA : Fundamental Duties

Article 51A : It shall be the duty of every citizen of India—


... (e) 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.
Gender-related provisions in Indian Constitution
Part XV : Elections

Article 325 : ...for election to either House of Parliament or to the House or


either House of the Legislature of a State and no person shall be ineligible for
inclusion in any such roll or claim to be included in any special electoral roll for
any such constituency on grounds only of religion, race, caste, sex or any of them.
Affirmative actions in Indian Constitution
15 (3), 15(4), 16(4), 42, 46, 243D, 243T, 243ZJ

ছক ছক
Affirmative actions in Indian Constitution
Part III : Fundamental Rights

[Article 15 prohibits gender discrimation (among others)]


Article 15(3): Nothing in this article shall prevent the State from making any
special provision for women and children.
Article 15(4): Nothing shall prevent the State from making any special
provision for the advancement of any socially and educationally backward classes
of citizens
Affirmative actions in Indian Constitution
Part III : Fundamental Rights

[Article 16 provides for equality of opportunities in public


service]
Article 16(4): Nothing shall prevent the State from making any
provision for the reservation of appointments or posts in favour of any
backward class of citizens which, in the opinion of the State, is not
adequately represented in the services under the State.
Affirmative actions in Indian Constitution
Part IV : Directive Principles of State Policy

Article 42: The State shall make provision for securing just and humane
conditions of work and for maternity relief.

Article 46: The State shall promote with special care the educational and
economic interests of the weaker sections of the people, and shall protect them
from social injustice and all forms of exploitation.
Affirmative actions in Indian Constitution
Part IX : The Panchayats

Composition of The Panchayats


Article 243D(2): Not less than one-third of the total number of seats shall be reserved for
women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
Part IXA : The Municipalities
Composition of The Municipalities
Article 243T(2): Not less than one-third of the total number of seats shall be reserved for
women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
Affirmative actions in Indian Constitution
Part IXB: The Co-operative Societies

[Composition of board of directors of Co-operative Societies]

Article 243ZJ (1) 2nd proviso: The Legislature of a State shall, by law,
provide for the reservation of two seats for women on board of every co-operative
society.

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