WOMEN IN

CONTEMPORARY
WORLD
Women And Thier Rights

PEACE, JUSTICE AND STRONG Gender Inquality

INSTITUION

RANDHIR SINGH V. UNION OF INDIA AIR INDIA V. NARGESH MEERZA B. MUTHAMMA V. UNION OF INDIA
(AIR 1982 SC 879) (AIR 1981 SC 1829) (1979 AIR 1868)

The Supreme Court has held that although the principle of
'equal pay for equal work' is not expressly declared by our
Constitution to be a fundamental right, but it is certainly a
constitutional goal under Articles 14, 16 and 39 (d) of the
Constitution.
It was held to be applicable to both men and women. The
act of fixation of pay scale, in this case, was declared void
because of being based on unreasonable classification. This
right can, therefore, be enforced in cases of unequal scales
of pay based on irrational classification.
In this gender-bending judgement by the Supreme Court, an
inclusive reading of Article 14 was done and it was decided that
employment cannot be denied to any person on the grounds of sex.
For inflight services, stress was laid on high youth, appearance and
glamour quotient of the employees
A State-owned Aviation Company named ‘Air India’, by a service
regulation, mandated the air hostesses to retire if they reach the age
of 35, conceiving a child or on marriage, whichever occurs earlier.
Such conditions were derogating the natural course of a woman’s
life. These offending provisions were challenged and later struck
down on grounds of arbitrariness and abhorrence in a civilised
society.
Supreme Court was called out to test the validity of the
regulations which enumerated the conditions of service of
IFS officers, the Indian Foreign Service (Conduct and
Discipline) Rules, 1961. Every female employee was bound
by it to obtain permission from the public authorities and
tender her resignation if her marriage was to be solemnized.
The government, which is the final deciding authority, shall
determine if the future family commitments of the
employee shall handicap her work efficiency or not. It was
violative of the equality provisions vide Articles 15 and 16 of
the Constitution. The rule was reversed in totality by SC as it
clearly dominated the weaker sex. It sent out a clear message
against gender discriminatory conditions of work.

ALLOW HER CHANGE,

THEN CHANGE AS OFT
AS SHE
John Donne, Elegy III

However, since the mid-twentieth century, there has been

an increasing feminization of the workforce. Women are
‘setting the pace for change.

CONTINUED TO P. 02
 WOMEN
HAVE THE
RIGHT TO
EQUAL PAY

The Indian Constitution recognized

the principle of 'Equal Pay for Equal
Work' for both men and women,
and 'Right to Work' through Article
39(d) one cannot be discriminated
on the basis of sex when it comes to
salary, pay or wages.

EQUALITY BEFORE
LAW FOR WOMEN
Working
women have the
Article 14
right to draw
all the rights and freedoms set out in the Act must be protected and applied an equal salary,
without discrimination. Article 14 is based on the core principle that all of
us, no matter who we are, enjoy the same human rights and should have as compared to
equal access to them.
men.

Section 509 of the IPC lays down that

if anyone with an intention to insult
the modesty of a woman utters any
word, makes any sound or gesture or
exhibits any object, intending that
such word or sound shall be heard, or
such gesture or object shall be seen by
the woman, or intrudes upon the
privacy of the woman, they shall be
punished with simple imprisonment
which may extend up to a term of 1
year, or a fine, or both.”A female have
the right to file a complaint against
any kind of sexual harassment at her
place of work.

September 2019 Page 02

 RIGHT FOR
MATERNITY
LEAVE

Right to payment of maternity

benefit.

Provision for just and humane

conditions of work and maternity
relief - The State shall make
provisions for securing just and
humane conditions of work and
for maternity relief.

WOMEN HAVE THE

RIGHT TO GET FREE A woman cannot be
LEGAL AID arrested after sunset
and before
sunrise.Unless there
Under the Legal Services Authorities Act
is an exceptional
case on the orders of
Female rape victims have the right to get free legal aid or help from the
Legal Services Authority who has to arrange a lawyer for her. a first class
magistrate

Also, Husband or relative of

husband of a woman subjecting
her to cruelty. Whoever being
the husband or the relative of the
husband of a woman, subjects
her to cruelty shall be punished
with imprisonment for a term,
which may extend to three years
and shall also be liable to a fine.

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