ARTICLE 15(3)

SPECIAL PROVISION FOR WOMEN

 ARTICLE 15(3)
• IT SAYS: Discrimination on the bases of caste
,race , religion, sex or place of birth shall not
prevent the state from making any provisions
regarding women & children
• The constitution gives the power to the state
to make laws regarding women & children
• But such laws shall not be violative of Article
15…….Article 15(1)-prohibits gender
discrimination
 IMPORTANCE OF ARTICLE 15(3)
• Lifts the social status of the women
• Permits state to positively discriminate in favor
of women
• To make special provisions to uplift the social,
economic & political of women
• To bring women to a parity
• (courts have always approved the validity such
special legislations)
• THESE ARE “BENEFICIAL LEGISLATIONS” seen in
the ambit of criminal law
 CASE LAWS
• AIR INDIA v. NARGESH MIRZA AIR 1981
( a woman should not be denied job merely because she
is a woman )
• MISS C.B Muthamma v. UOI AIR 1975
(There can be no denial on seniority promotion on the
grounds of sex )
• C Rrajakumari v. Commissioner of police,Hyderabad
AIR 1998
(If beauty contest indecently or derogatorily represents a
women ,which corrupt minds or injure public molarity
would be violative of Article 14,21,51A + Indecent Rep. of
Woman Act
 SPECIAL PROVISIONS FOR WOMEN
1. Reservation of seats for women in colleges(
Dettatreya v. State of Bombay)
2. Constitutional validity of Section 437 of
Crpc.(section prohibits release of person
accused of capital offence on bail except
women & children)-Choki v. State of
Rajasthan (Interest protected u/A 15(3))
3. Granting liscence for opening liquor shop(
Smt. Savitri v. Bose )
 SPECIAL PROVISIONS FOR WOMEN
4. Women’s reservation in election & local
bodies,employment (Sudhakar Reddy v. Andra
Pradesh)-A/15(3), Amendment 73rd & 74th –
reservation of seats for women in panchayat &
muncipalities-u/A 243(d) & 243(t) & Article 243
(b) not less tha 1/3 seats are reserved
 EVE TEASING OF WOMAN
• Violation of the Fundamental Right
• Case: Deputy IG of Police v. S. Samuthiram AIR
2013
• The court observed that there are instances
where girls of young age are being harassed and
which could lead to psychological problems &
even suicides.
• Article 21 gives FR to live with dignity Eve teasing
amounts to violation of Articles 14 & 15 as well
 DPSP & WOMEN
• Reflects that India is a welfare democratic
state
• Part IV
• India borrowed the DPSP from Irish
Constitution of 1937 which itself had
borrowed it from Spanish Constitution.
• are novel principles which call upon the state
to provide a welfare government which can
bring live ideals of the constitution
 Principles of “equal work” is a
constitutional goal
• Case: Randhir Singh v. UOI AIR 1982:
• Held: The principle of “equal work “ is not
declared as a FR but it is sincerely a
constitutional goal
• Article 39(d) : declares the principle of equal
pay for equal work for both men & woman
• (The kind of work should be identical )
Men & Women workers to be equally
protected
• Article 39(e): men , women & children are
protected equally
• They should not be forced to work under
inhumane or hazardous condition
• State shall direct its policy towards enhancing
the health & strength of workers( both men &
women)
 Equal justice & free legal aid
• ARTICLE 39-A : provides equal justice & free legal
aid
• State shall ensure promotion of justice
• Ensure opportunities for securing justice
• PROVIDE FREE LEGAL AID by appropriate
legislations or schemes
• (HUSSAINARA KHATOON v. HOME
SECRETARY,STATE OF BIHAR,1978: state to
provide to provide a lawyer to a poor person &
must pay fee to the lawyer as fixed by the court )
Uniform Civil Code & Gender Justice ,
Equality
• Article 44: State shall endeavor to secure to all
citizens a Uniform Civil Code throughout the
country
• But woman still face inequality & injustice
• Makers of the constitution was aware of the
injustice & sexual inequality
• Landmark judgment of sarla mudgal v. uoi
1995 ?
• The State to make provision for securing just and
humane conditions of work and for maternity relief
(Article 42)
• 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)
• The State to raise the level of nutrition and the
standard of living of its people (Article 47)
• 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))