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Constitutional Rights and Welfare of Women

Social change is an inescapable occurrence of every consortium as the social circumstances never remain stable. Social change if it comes through legislation or through judicial exposition show the change in accepted means of life, or perhaps a finer life.

The changing form does have an effect on the laws and life of a given society, the law must keep swiftness with the changing socio-economic tendency, and political motion of the society, while at the very same time maintaining certain balance between individual rights and duties. Thus, law and equity provide a prospective force for the fulfilment of a progressive social change.
The exultant status of Indian women in bygone age suffered complication in the medieval period. Social economic and political factors take part in their suppression. Social hindrance and discriminatory practices against them continued to subsist during the ‘enlightened' and ‘civilised' regal rule.

The authority of the individualistic movement was, however, carried out to grant equal status to women and give them a place of honour, and dignity in the society. Therefore, the constitution's fundamental law had arisen out of the constituent assembly, treated both men and women alike and also came up with protective discrimination for women in view of their distinctive position in human society.

Amenities provided to Women in India

The authority of the individualistic movement was, however, carried out to grant equal status to women and give them a place of honour, and dignity in the society. Accordingly, the constitution – the elemental law- emerged out of the constituent assembly, treated both males and females alike and also came up with protective discrimination for women in view of their distinctive position in human society.

Amenities provided to Women in India

The principle of gender equality is preserved within the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not lone identifies equality to women but correspondingly sanctions the State to implement measures of positive discrimination in esteem of women.

Within the framework of a democratic polity, our laws, development policies, plans, and programmes have aimed toward women's advancement in several spheres. India has also ratified various international conventions and human rights instruments committing to secure equal rights of women. Key among them is that the ratification of the Convention on Elimination of All sorts of Discrimination Against Women (CEDAW) in 1993.

Constitutional Provisions

The Constitution of India not only allows equality to women but also sanctions the State to adopt actions towards positive discrimination in favour of girls for making the collective socio-economic, education and political disadvantages faced by them.

Fundamental Rights ensure equality before the law and equal protection of the law; prohibits discrimination against any citizen on grounds of faith , race, caste, sex or place of birth, and guarantee equality of opportunity to all or any citizens in matters concerning employment. Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c) and 42 of the Constitution are of specific importance during this regard.

Constitutional Entitlement

  1. Equality before the law for women (Article 14).
  2. 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)).
  3. The State to make any special provision in favour of women and children (Article 15 (3)).
  4. Equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State (Article 16).
  5. 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)).
  6. 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).
  7. The State to make provision for securing just and humane conditions of work and for maternity relief (Article 42).
  8. 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).
  9. The State to raise the level of nutrition and the standard of living of its people (Article 47).
  10. 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)).
  11. 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)).
  12. 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)).
  13. 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)).
  14. 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)).

Though the constitution has provided equality of both the sexes man and ladies but the biological condition of the feminine and developed sense of subordination demand extra protection for them. Quoting from CURT MULLER, Plff. in Err., v. STATE OF OREGON, the logic is that:
women's body and therefore the performance of certain functions place her at an obstacle within the struggle for subsistence and her physical well-being becomes an object of public interest and care so as to preserve the strength and vigour of the race. Thus, the law and justice demand additional privileges and safeguards for maintaining the right socio-legal status of girls within the society.

State Initiatives for Women

National Commission for Women

In January 1992, the Government structured this statutory body with a precise command to study and screen all substances concerning to the constitutional and legal protection provided for women, review the existing legislation to recommend amendments wherever obligatory.

Reservation for Women in Local Self –Government

The 73rd Constitutional Amendment Acts passed in 1992 by Legislature guarantee one-third of the entire seats for ladies in altogether chosen offices in local bodies whether in rural zones or urban zones.

The National Plan of Action for The Girl Child (1991-2000)

The idea of Action is to guarantee survival, protection, and progress of the girl child with the decisive objective of structuring enhanced future for the girl child.

National Policy for The Empowerment of Women, 2001

The Department of Women & Child Development in the Ministry of Human Resource Development has arranged a National Policy for the Empowerment of Women in the year 2001. The aim of this policy is to raise awareness about the advancement, development, and empowerment of women.

Conclusion Women's rights are qualifications and flexibilities guaranteed for girls and women if any age in numerous social orders. In a few places these rights are standardised or upheld by law, nearby custom, and conduct, while in others they might be overlooked or stifled. Women in antiquated India delighted in meet status and rights with men in altogether fields of life. Amid the medieval period, the Indian lady's situation in the general public weakened.

Amid the British control numerous reformers battled for the social and financial upliftment of the women. Today, regardless of whether it is well-being, instruction, death rate or some other improvement parameter, women in India are on extremely powerless balance. However, there are programs and many policies which makes women uplifted with the aim of not only raising their educational and skills levels but also of increasing their confidence and helping them find their voice.

Written By: Tanya Shrotriya - 1st Year Student, Law College Dehradun
Email Id: [email protected]

Awarded certificate of Excellence
Authentication No: Authentication No: JL020340183706-21-720

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