Question

Human rights and constitutional provisions for gender equality and equity in india

Answer 1

Human rights and constitutional provisions for gender equality and equity in india are

IMPORTANT CONSTITUTIONAL AND LEGAL PROVISIONS FOR WOMEN IN INDIA

The principle of gender equality is enshrined in the Indian Constitution in its Preamble, Fundamental

Rights, Fundamental Duties and Directive Principles. The Constitution not only grants equality to women, but

also empowers the State to adopt measures of positive discrimination in favour of women. Within the

framework of a democratic polity, our laws, development policies, Plans and programmes have aimed at

women’s advancement in different spheres. India has also ratified various international conventions and

human rights instruments committing to secure equal rights of women. Key among them is the ratification of

the Convention on Elimination of All Forms of Discrimination against Women (CEDAW) in 1993.

1. CONSTITUTIONAL PROVISIONS

The Constitution of India not only grants equality to women but also empowers the State to adopt measures

of positive discrimination in favour of women for neutralizing the cumulative socio economic, education and

political disadvantages faced by them. 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.

Constitutional Privileges

(i) Equality before law for women (Article 14)

(ii) 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))

(iii) The State to make any special provision in favour of women and children (Article 15 (3))

(iv) Equality of opportunity for all citizens in matters relating to employment or appointment to any office

under the State (Article 16)

(v) 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))

(vi) 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)

(vii) The State to make provision for securing just and humane conditions of work and for maternity relief

(Article 42)

(viii) 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)

(ix) The State to raise the level of nutrition and the standard of living of its people (Article 47)

(x) 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))

(xi) 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))

(xii) 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))

(xiii) 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))

(xiv) Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes, the Scheduled Tribes

and women in such manner as the legislature of a State may by law provide (Article 243 T (4))

2. 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