The Constitutional Provision For Women In India Law European Essay

Published Date: 02 Nov 2017

A woman is the part of the legal and constitutional status in India, therefore protection of women’s right our constitution has been many provisions. A Constitutional is the basic document of a country having a special legal sanctity which sets the framework and the main functions of the Government of a State and declares and the principles governing the operation of these organs. The Constitution aims at creating legal norms, social philosophy and economic values which ate to be affected by striking synthesis, harmony and fundamental adjustment between individual rights and social interest to achieve the desired community goals. [1] . Such as:-

1. In Preamble Political rights, Economic rights and Social Justice,

2. Fundamental Rights,

3. State Policy of Directive Principles,

4. Fundamental Duties (Article 51-A),

5. Women’s Representation in Local bodies.

These status we have discussed first Preamble of the Indian Constitution and other provision which have protection women’s legal rights.

Preamble

The preamble contains "the ideals and aspirations of the people of India". One of the golden ideals is "the equality of status and of opportunity". This objective has been achieved by and large, by providing equality clause in the Constitution of India. The equality clause expressly prohibits discrimination on the basis of race, religion, caste, sex, and place of birth and guarantees equality before the law and equal protection of laws irrespective of race, religion, cast, sex etc. Thus the Indian Constitution has ensured equal status to all i.e. not only between men and men, women and women but also between men and women. [2] Constitution of India provide the basic foundation on legislation and laws built in Article 14, 15, 16, 21, 39 of the Constitution of India. A basic understanding of some of the constitutional guarantees is pertinent to the subject of equal representation of women in the society.

Political Rights

Notwithstanding the fact that women participated equally in the freedom struggle and, under the constitution and law, have equal political rights as men, enabling them to take part effectively in the administration of the country has had little effect as they are negligibly represented in politics. There were only seven women member in the Constituent Assembly and the number later decreased further. [3] There representation in the Lok Sabha is far below the expected numbers. This has led to the demand 33% seats for reservation of women in the Lok Sabha and Vidhan Sabhas. Political empowerment of women has been brought by the 73rd and 74th Amendments which reserve seats for women in Gram Panchayats and Municipal bodies. Illiteracy, lack of political awareness, physical violence and economic dependence are a few reasons which restrain women from taking part in the political processes of the country.

Economic Rights

There has been a catena of legislation conferring equal rights for women and men. These legislations have been guided by the provisions of the fundamental rights and Directive Principles of State Policy. Here again there is a total lack of awareness regarding economic rights amongst women. Laws to improve their condition in matters relating to wages, maternity benefits, equal remuneration and property/succession have been enacted to provide to the necessary protection in these areas. [4] 

Social Justice

The most important step has been codification of the personal laws in our country which pose the biggest challenge in this context for providing social justice to women. In the area of criminal justice, the gender neutrality of law worked to the disadvantage of a woman accused because in some of the cases it imposed a heavy burden on the prosecutrix, for e.g. in cases of rape and dowry. They prevent the fulfilment of the objective of securing to each individual dignity, irrespective of sex, community or place of birth. In this type discrimination Supreme Court said that- "Human rights are originated from the dignity and worth inherent in the humanity. Universal declaration of Human Rights is including Human rights and fundamental freedoms have been reiterated. Respect for human rights and Democracy, development and fundamental freedoms are inter-dependent and have mutual reinforcement. An indivisible part of universal human rights the human rights for women, including girl child are, therefore, inalienable and integral. The development of personality and fundamental freedoms and equal participation by women in political, social, economic and cultural life are concomitants for national development, social and family stability and growth-cultural, social and economical also. All forms of discrimination on grounds of gender are violative of fundamental freedoms and human rights." [5] 

Fundamental Rights

Fundamental Rights which are the most effective of every person like, man, woman and child because they are applied and enforceable as constitutional and fundamental rights in India. Justice Bhagwati said that rights are: - "These fundamental rights represent the basic values cherished by the people of this country since the Vedic times and they are calculated to protect the dignity of the individual and create conditions in which every human being can develop his personality to the fullest extent." [6] 

Thus, fundamental rights are very important part of the Constitution of India.

Article 14 ( Equality)

"Equality before the law or the equal protection of the law", Article 14 of the Constitution of India enunciates the general principle of right to equality and prohibits the state from denying to any person.

Article 14 of the Constitution recognises "Women" as a class. The Court has declared that women as a class were different from men as a class; and for this legislature had merely removed the disability attaching to women by passing the Hindu Succession Act, 1956. [7] 

Article 15(1) prohibits gender discrimination and Article 15(3) lifts that rigour and permits the State to positively discriminate in favour of women no make special provision s to ameliorate their social condition and provide political, economic and social justice. The State in the field of Criminal Law, Service Law, Labour Law, etc. has resorted to Article 15(3) and the courts, too, have upheld the validity of these protective discriminatory provisions on the basis of constitutional mandate.

Another specific example of equality of status is the right to equality of opportunity for citizens of India provided under Article 16 of the Constitution of India. The Courts realise "Women like men are governed by the Constitution. Articles 14, 15, 19(1)(g) and 21 provide the basis for Realizing equality between man and man, and man and woman. These articles have provided de jure equality to women, but they have not accelerated de facto equality between man and woman to the extent the Constitution intended. Unless attitudes change, elimination of discrimination against women cannot be achieved. There is still a considerable gap between the constitutional rights and their application in the day-to-day lives of most women. At the same time, it is true that women are working in jobs which were hitherto falling in masculine fields. But there are instances which exhibit lack of confidence in their capability and efficiency. There is still a long and lingering suspicion regarding their capacity to meet the challenges of the jobs assigned to them. Such doubts affect the dignity of working women." [8] 

In Surjit Singh v. Kanwaljit Kaur [9] , the Highcourt held; "Allowing the medical examination of a woman for her virginity would certainly violate her right to privacy and personal liberty enshrined under Article 21 of the Constitution. Such an order would amount to a roving enquiry against a female who are vulnerable even otherwise. In the instant matrimonial case the question of virginity of the wife is not in issue and the virginity test cannot constitute the sole basis to prove the consummation of marriage. Allowing such a medical examination of the wife would be holding a roving enquiry which is not permissible. Thus, order of Lower Court dismissing application by husband for getting wife medically examined in order to prove her virginity is proper."

In Zahida Begam v. Mustak ahamed [10] a suit was filed by the wife for dissolution of marriage on the ground of impotency of husband who was unable to perform marital obligations. The husband denied that he is impotent or was unable to perform marital obligation. On the contrary he requested the court that wife be directed to undergo medical checkup so as to ascertain her virginity. Karnataka High Court held that the direction of the court to the wife to undergo virginity test was improper and invaded privacy of the plaintiff wife, which was violation of the Article 21 of the Constitution.

Directive Principles of State Policy

As Fundamental rights protect to individual rights such as the Directive Principles of state policy protect to needs of social status. These Principles are not enforceable in any court but they are governance of the country and it shell be the duty of the State for the welfare of the person, including women.

Article 39(a) that the citizens, men and women, equally (equal justice and free legal aid), have the right to an adequate means of livelihood.

Article 39(d) that there is equal pay for equal work for both men and women.

Article 39(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.

Article 42 of the Indian constitution is giving a very important landmark provision for the women securing just and humane conditions of work and for maternity relief.

These Directive principles are most important of equally men and women and liabilities to implementation are states.

Article 51-A (Fundamental Duties)

According to Article 51-A (e) "It shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities; to renounce practices derogatory to the dignity of women." [11] 

Part IV-A which of only one Article 51-A was include to the constitution of India by the 42nd Amendment, 1976. This Article for the first time specifies of ten fundamental duties for citizens. Article 51-A (e) is related to the women. One of the most important duty "rights to education" is include 86th amendment, 2002. Which duty provide (Article 51 A (k)) to the, "who is a parent or guardian to provide opportunity for education to his child or, as the case may be, ward between the age of six and fourteen years." [12] 

Women’s Representation in Local Bodies

The 73rd and 74th Amendments to the Indian Constitution effected in 1992 provide for reservation of seats for women in Elections to Panchayats and Municipalities.

Under Article 40 the Directive Principles of State Policy state that: -

"The state shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to functions as units of self government."It was held in "Power of the people which is the soul of a republic stands subverted if decentralisation and devolution desiderated in Article 40 is ignored by the Executive in action even after holding Elections to the floor level of administrative bodies." [13] 

Women in Panchayat and Municipalities have been reservation provided in Article 243-D and 243-T of the Constitution of India. According to Indian Constitution 73rd Amendment Act, 1992 are well known as the Panchayati Raj and Municipalities Act, include parts IX and IX-A, with Articles 243, 243-A to 243-O and Articles 243-P to 243-ZG.

Conclusion:-

We discussed important participation in our Indian constitution for women. Women’s are most important role in our social, economical and political region in our country. Regarding these situations including time to time amended our constitution and empowerment of women. The Indian constitution to promote with special protection article 14, 15(1), 15(3) ,16, 39(a), 39(d),42,46,47, Article 51-A(e),243-D(3) and 243-T(3) gives role of empowered women. We give such type social environment I assure that we are getting empowered and successful women.