Women Empowerment

Through
Fundamental Rights
(Article 21 -32)

Merlin
10th Sem. BBA LLB
Indian Constitution and Women
Empowerment
The Indian Constitution is committed to upholding the principles of equality and
justice for all. It includes several significant articles that promote women's
empowerment. India's Constitution stands as a testament to its commitment to
equality and empowerment, particularly in the context of women's rights. Articles 21
to 32 in the Indian Constitution play a pivotal role in safeguarding and promoting the
empowerment of women.
Women empowerment isn't just about empowering
individuals; it's about transforming systems and
structures to create a more equitable and just society. It
recognizes the inherent value and potential of women
and aims to create an environment where they can
thrive, contribute meaningfully, and participate fully in
shaping the future. Ultimately, women empowerment
benefits not only women themselves but also
communities and societies as a whole.
 Article 21: Right to Life and Personal Liberty

Gender-Based Violence: Right to Privacy

Courts have recognized the need to protect women This connection has been significant in cases
from domestic violence, sexual harassment, and concerning women's privacy, autonomy, and
other forms of abuse, using this article as a basis freedom from intrusive practices.
for legal protection.

Right to Dignity Protection from Exploitation:

The interpretation of Article 21 has led to legal
It has been used to challenge practices and interventions against various forms of exploitation
policies that degrade or discriminate against faced by women, including trafficking, forced labor,
women. and sexual exploitation.

Reproductive Rights : Article 21 has been used to advocate for women's reproductive rights,
including access to safe abortion, healthcare, and reproductive choices.
Article 21 A : Right to education

While Article 21A directly benefits both boys and girls

in terms of education, its impact on girls' empowerment
is significant. By ensuring access to education for all
children, regardless of gender, Article 21A contributes to
the broader goal of women's empowerment by laying
the foundation for gender equality, economic
independence, and social progress.
Article 22: Protection against
against Arrest and Detention
Detention
Article 22 safeguards the personal freedom of individuals by
ensuring protection against arbitrary arrests and detentions.
Protecting personal liberty and ensuring procedural safeguards
benefits women by preventing unjust or unlawful arrests, securing
their freedom, and protecting their rights in legal proceedings.

1 Preventing 2 Procedural
Arbitrary Arrests safeguards

3 Upholding Dignity 4 Equality in Legal

Dignity and Rights Treatment
Rights
 Right to Exploitation :
The Constitution aims to prevent and eliminate exploitative practices, emphasizing equality,
dignity, and protection for all citizens, irrespective of gender, caste, creed, or background.

Upholding these rights ensures that women are not subjected to coerced labor, trafficking, or
hazardous work environments, allowing them to pursue education, safe employment, and
equal opportunities. By eliminating exploitative practices, the Constitution paves the way for
women to assert their autonomy, access education and dignified work, fostering an
environment where they can contribute meaningfully to society and actively participate in
decision-making processes, thereby advancing their empowerment and well-being.
 Prohibition of Traffic in Human Beings and Forced Labour
Article 23 prohibits human trafficking, forced
labor, and any form of exploitative practices,
contributing to the empowerment of women. By
prohibiting trafficking, it shields women from
falling victim to coerced labor, sex trafficking,
or domestic servitude, preserving their freedom
and preventing their exploitation.
 Article 24: Prohibition of Child
Labor and Employment of
Children in Hazardous Jobs
Article 24 aims to eradicate child labor and protect children from engaging in hazardous
jobs, fostering empowerment and their overall well-being. By prohibiting child labor in
hazardous industries, Article 24 protects young girls from being exploited and deprived of
their childhood, ensuring they have access to education and opportunities for personal
growth. This provision indirectly supports women's empowerment by laying the
groundwork for a society where girls can pursue education, skills, and a better future,
thereby breaking the cycle of poverty and inequality that often affects women
disproportionately.
Article 25 grants every individual the freedom to practice and propagate any religion of their choice,
promoting inclusivity and empowerment. This provision is crucial for women as it allows them to
express their faith and beliefs freely, participate in religious activities, and access places of worship
without discrimination. Ensuring religious freedom for women empowers them to engage in social and
cultural spheres, fostering a sense of identity and agency.
 This provision allows women the opportunity to engage actively in religious
affairs, contribute to decision-making processes within their religious
Article 26: communities, and access religious spaces on an equal footing with men.
Freedom to Through Article 26, women have the right to actively participate in religious

Manage institutions, hold leadership roles, and contribute to shaping religious

practices, thus promoting gender-inclusive religious spaces. Empowering
Religious Affairs
women within religious contexts fosters their agency, leadership, and
visibility, marking a crucial step towards gender equality and women's
empowerment within the diverse fabric of Indian society.
 Article 27: Freedom from Payment
Payment of Taxes for Promotion of
Promotion of Any Particular
Religion
This provision indirectly benefits women by fostering a secular environment where
resources are not directed solely towards any particular religious ideology, allowing for
more equitable distribution of resources across diverse communities. This neutrality in
resource allocation creates an environment where women, irrespective of their
religious affiliations, can access public resources and services without bias or
discrimination, promoting inclusivity and empowering women from various religious
backgrounds to access education, healthcare, and opportunities on an equal basis.
By providing a secular educational environment,
Article 28 promotes equal opportunities for girls
and women to pursue education, gain knowledge,
and develop skills without religious constraints, thus
contributing to their empowerment by broadening
their horizons and enabling them to actively
participate in diverse fields and contribute to the
nation's progress.
 Protection of Interests of Minorities
Article 29 safeguards the interests of minorities, including women, ensuring the
preservation of their distinct language, culture, and educational rights. This provision is
crucial for women from minority communities as it safeguards their right to preserve
their cultural practices, traditions, and languages. Empowering women within their
cultural contexts through Article 29 allows them to maintain their unique identities,
enabling their active participation in societal, educational, and cultural spheres without
facing discrimination or pressure to assimilate.
Article 30: Right of Minorities to
to Establish and Administer
Educational Institutions

Article 30 grants linguistic and religious minorities the right to

establish and administer educational institutions, offering
opportunities for women's empowerment. By providing the
autonomy to establish and manage educational institutions,
Article 30 supports the empowerment of women from minority
communities by offering educational avenues that respect their
cultural heritage, allowing them to pursue knowledge and
contribute to society while preserving their distinct identities.
 Article 31: Right to Property

Article 31 provided for the right to property which was later repealed by
the Forty-Fourth Constitutional Amendment Act, 1978. Ensuring women's
rights to inherit, own, and control property is crucial in promoting their
economic independence, social standing, and overall empowerment within
society. Efforts to strengthen property rights for women contribute
significantly to their autonomy, financial stability, and ability to participate
actively in decision-making processes, thereby advancing their
empowerment in multiple spheres of life.
Article 32: Right to
Constitutional Remedies
Article 32 empowers individuals to seek legal remedies
through the Supreme Court for the enforcement of their
fundamental rights, including women's empowerment. This
provision allows women to seek justice and protection
against any violation of their rights, ensuring access to legal
remedies in cases of discrimination, violence, or deprivation
of liberties. Article 32 empowers women to challenge
societal injustices, discriminatory practices, and gender-
based violence by providing a platform to address such
issues at the highest judicial level.
 Conclusion
The Indian Constitution, through its various articles, serves as a powerful instrument for advancing
women's empowerment and ensuring their equal rights and opportunities in society. However, the true
realization of women's empowerment goes beyond constitutional guarantees; it requires concerted efforts to
address societal biases, promote education, enhance economic opportunities, and ensure the effective
implementation of laws. By leveraging and building upon these fundamental rights, society can create an
environment where women have equal opportunities, freedom, and agency, thereby contributing to a more
inclusive and empowered society as envisioned by the Indian Constitution