Provision related to women in constitution

SUBMITTED BY: Kavita Bansal

SUBMITTED TO: Samriti Mam

REG. NO. : 46119210026

ENROLLMENT : 20133

DATE : 24 Sept 2019

 ACKNOWLEGMENT

I KAVITA BANSAL like to express my special thanks of

gratitude to my teacher SAMRITI MAM, who gave me the
golden opportunity to do this wonderful project on the topic
Provision related to women in constitution ,which also
helped me in doing a lot of Research and i came to know
about so many new things I am really thankful to them.
In spite of women contribution in all spheres of life and they enjoy a unique position in every society and
country of the world, but they suffer in silence and belong to a class which is in a disadvantaged position on
account of several barriers and impediments. India, being a country of paradoxes, is no exception. Here too,
women, a personification of Shakti, once given a dignified status, are in need of empowerment. Women’s
empowerment in legal, social, political and economic requires to be enhanced. However, empowerment and
equality are based on the gender sensitivity of society towards their problems. The intensification of women's
issues and rights movement all over the world is reflected in the form of various Conventions passed by the
United Nations. The India polity more or less has a always tried to cope with the contemporary need – based
development of laws for the specified purposes. It may be in the field of Human Rights, Politics, Civil Rights,
Constitutional Rights or Social Transfer. Constitution is not to be construed as a mere law, but as the
machinery by which laws are made. The Constitution is a living and organic thing which, of all instruments
has the greatest claim to be constructed broadly and liberally. Women empowerment is empowering the
women to take their own decisions for their personal dependent. Empowering women is to make them
independent in all aspects from mind, thought, rights, decisions, etc. by leaving all the social and family
limitations. It is to bring equality in the society for both male and female in all areas. Women empowerment is
very necessary to make the bright future of the family, society and country. The most famous saying said by
the Pandit Jawaharlal Nehru is “To awaken the people, it is the women who must be awakened. Once she is
on the move, the family moves, the village moves, the nation moves”. In India, to empower the women, first it
needs to kill all the demons killing women’s rights and values in the society such as dowry system, illiteracy,
sexual harassment, inequality, female infanticide and domestic violence against women, rape, prostitution,
illegal trafficking and other issues. Gender discrimination in the nation brings cultural, social, economic and
educational differences which push country back. The most effective remedy to kill such devils is making
women empowered by ensuring the Right to Equality mentioned in the Constitution of India. According to
the provisions of the Constitution of India, it is a legal point to grant equality to women in the society in all
spheres just like male. The Department of Women and Child Development functions well in this field for the
proper development of the women and child in India. Women are given a top place in India from the ancient
time however they were not given empowerment to participate in all areas. They need to be strong, aware and
alert every moment for their growth and development. Empowering women is the main motto of the
development department because an empowered mother with child makes the bright future of any nation.
India is a very famous country known for its cultural heritage, traditions, civilisation, religion and
geographical features from the ancient time. On the other hand, it is also popular as a male chauvinistic
nation. Women are given first priority in India however on the other hand they were badly treated in the
family and society. They were limited only for the household chores or understand the responsibility of home
and family members. They were kept totally unaware of their rights and own development. People of India
used to say this country as “Bharat-Mata” however never realised the true meaning of it. Bharat-Mata means
a mother of every Indian whom we have to save and care always. Meaning: Empowerment can be viewed as
means of creating a social environment in which one can make decisions and make choices either individually
or collectively for social transformation. It strengthens the innate ability by way of acquiring knowledge,
power and experience (Hashemi Schuler and Riley, 1996). Empowerment is the process of enabling or
authorizing individual to think, take action and control work in an autonomous way. It is the process by
which one can gain control over one’s destiny and the circumstances of ones lives. Empowerment includes
control over resources (physical, human, intellectual and financial) and over ideology (beliefs, values and
attitudes). It is not merely a feel of greater extrinsic control, but also grows intrinsic capacity, greater self-
confidence and an internal transformation of one’s consciousness that enables one to overcome external
barriers to accessing resources or changing traditional ideology (Pinto, 2001). Women’s empowerment is very
essential for the development of society. Empowerment means individuals acquiring the power to think and
act freely, exercises choice and full fill their potential as full and equal members of society. As per the United
National Development Fund for women (UNIFEM), the term women’s empowerment means: · Acquiring
knowledge and understanding of gender relations and the ways in which these relations may be changed. ·
Developing a sense of self-worth, a belief in one’s ability to secure desired changes and the right to control
one’s life. · Gaining the ability to generate choices exercise bargaining power. · Developing the ability to
organize and influence the direction of social change, to create a more just social and economic order,
nationally and internationally. Thus, empowerment means a psychological sense of personal control or
influence and a concern with actual social influence, political power and legal rights. It is a multi-level
construct referring to individuals, organizations and community. It is an international, ongoing process
cantered in the local community, involving mutual respect, critical reflection, caring and group participation,
through which people lacking an equal share of valued resources gain greater access to the control over these
resources.
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))
 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 characterized as 'Crime against
Women'. These are broadly classified under two categories. (1) The Crimes Identified Under the Indian Penal Code
(IPC)

(i) Rape (Sec. 376 IPC)

(ii) Kidnapping & Abduction for different purposes ( Sec. 363-373)
(iii) Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC) (iv) Torture, both mental and
physical (Sec. 498-A IPC) (v) Molestation (Sec. 354 IPC)
(iv) Sexual Harassment (Sec. 509 IPC)
(v) Importation of girls (up to 21 years of age) (2) The Crimes identified under the Special Laws (SLL)
Although all laws are not gender specific, the provisions of law affecting women significantly have been
reviewed periodically and amendments carried out to keep pace with the emerging requirements.
Some acts which have special provisions to safeguard women and their interests are:
(i) The Employees State Insurance Act, 1948
(ii) The Plantation Labour Act, 1951
(iii) The Family Courts Act, 1954
(iv) The Special Marriage Act, 1954
(v) The Hindu Marriage Act, 1955
(vi) The Hindu Succession Act, 1956 with amendment in 2005
(vii) Immoral Traffic (Prevention) Act, 1956
(viii) The Maternity Benefit Act, 1961 (Amended in 1995)
(ix) Dowry Prohibition Act, 1961
(x) The Medical Termination of Pregnancy Act, 1971
(xi) The Contract Labour (Regulation and Abolition) Act, 1976
(xii) The Equal Remuneration Act, 1976
(xiii) The Prohibition of Child Marriage Act, 2006
(xiv) The Criminal Law (Amendment) Act, 1983
(xv) The Factories (Amendment) Act, 1986
(xvi) Indecent Representation of Women (Prohibition) Act, 1986
 (xvii) Commission of Sati (Prevention) Act, 1987
(xviii) The Protection of Women from Domestic Violence Act, 2005
3. SPECIAL INITIATIVES FOR WOMEN
(i) National Commission for Women : In January 1992, the Government set-up this statutory body with a
specific mandate to study and monitor all matters relating to the constitutional and legal safeguards provided
for women, review the existing legislation to suggest amendments wherever necessary, etc.
(ii) Reservation for Women in Local Self -Government : The 73rd Constitutional Amendment Acts passed in
1992 by Parliament ensure one-third of the total seats for women in all elected offices in local bodies whether
in rural areas or urban areas.
(iii) The National Plan of Action for the Girl Child (1991-2000) : The plan of Action is to ensure survival,
protection and development of the girl child with the ultimate objective of building up a better future for the
girl child.
(iv) National Policy for the Empowerment of Women, 2001 : The Department of Women & Child
Development in the Ministry of Human Resource Development has prepared a “National Policy for the
Empowerment of Women” in the year 2001. The goal of this policy is to bring about the advancement,
development and empowerment of women.
 #1. Article 21
Article 21 states as follows: "No person except according to the procedure established by law
shall be deprived of his life or personal liberty. Fundamental right under Article 21 of the object
personal liberty except according to the procedure established by law is to prevent encroachment
on and loss of life." - Anyone, including women, can seek protection under this.
#2. Article 15(1)
The Article 15(1) states as follows: This Article guarantees Right to Equality, "The State shall
not deny to any person equality before the law or the equal protection of the laws within the
territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of
birth."
#3. Article 19
The Article 19 states as follows: This gives the citizens (which include both women, men and
third gender) the Right to Freedom, which among other things guarantees freedom of speech and
expression, freedom of movement, freedom of practising trade and profession etc.
#4. Article 32
Article 32 states as follows: This Article gives the right to us to seek constitutional remedies
through the Supreme Court of India for violation of Fundamental Rights mainly.
#5. Article 15(3)
According to Article 15(3) - State can make any special provision for women and children
without any hurdles or obligations.
#6. Article 16(2)
According to Article 16(2), No citizen on grounds only of religion, race, caste, sex, descent,
place of birth, residence or any of them, be ineligible for, or discriminated in respect of
employment or office under the State.
#7. Article 23(1)
The Article 23(1) prohibits the practice of human trafficking in India.
#8. Article 39(a)
As per Article 39(a) men & women have the right to an adequate means to livelihood.
#9. Constitutional Laws for women related to Panchayats & Municipality
 As per Article 243D(3) Not less than one third of the total number of seats to be filled by direct
election in every Panchayat shall be reserved for women.
 As per Article 243-D(4) One-third of the total number of offices of chairpersons in the
Panchayats at each level shall be reserved for women
 As per Article 243-T(3) One-third of the total number of seats to be filled by direct election in
every Municipality shall be reserved for women
 As per Article 243-T(4) offices of chairpersons in the Municipalities shall be reserved for
women in such manner as the State Legislature may provide
Along with constitutional safeguards, there are further rights that women have guaranteed under
the law.

Legal Rights for Women in India

#10. Equal Remuneration Act, 1976 (Women have a right to equal pay)
According to provisions under the Equal Remuneration Act, one cannot be discriminated on
the basis of sex when it comes to salary or wages. Working women have the right to draw an
equal salary.
#11. Sexual Harassment Of Women At Workplace Act, 2013 (Women have a right against
harassment at work)
The enactment of the Sexual Harassment of Women at Workplace Act gives you the right to
file a complaint against sexual harassment. The law enables a sexually harassed woman
employee can put in a written complaint to an Internal Complaints Committee (ICC) at a branch
office within a period of 3 months as per the Sexual Harassment Act. This complaint further is
taken up by the Local Complaints Committee (LCC) at a district level, ensuring investigations
start regarding the same if proper action has not been taken against the employer. The complaint
can also be filed by any of the woman's legal heirs on her behalf or any other person who has
written permission given by her to make the complaint.
#12. Protection of Women from Domestic Violence Act (2005) (Women have a right against
domestic violence)
The act primarily looks to protect a wife, a female live-in partner or a woman living in a
household like a mother or a sister from domestic violence at the hands of a husband, male live-
in partner or relatives. She or anybody on her behalf can file a complaint.

Section 498 states that whoever, being the husband or the relative of the husband of a woman,
subjects her to cruelty, shall be punished with imprisonment for a term which may extend to
three years and shall also be liable to fine. The complaint registered against an offender makes it
a non-bailable one, ensuring a woman's safety and provide protection from domestic abuse. The
acts of violence are not limited to physical brutality, but also other forms of abuse like verbal,
economic, emotional and sexual.
#13. Women have a right to anonymity for sexual assault victims
Victims of sexual assault have a right to anonymity. To ensure that her privacy is protected,
a woman who has been sexually assaulted may record her statement alone before the district
magistrate when the case is under trial, or in the presence of a female police officer.
#14. Legal Services Authorities Act (1987) (Women have a right to free legal aid)
All-female rape victims have the right to free legal aid, under the Legal Services Authorities
Act. It is mandatory for the Station House Officer (SHO) to inform the Legal Services Authority,
who arranges for the lawyer.
#15. Code of Criminal Procedure (1973) (Women have right not to be arrested at night)
A woman cannot be arrested after sunset and before sunrise, except in an exceptional case on the
orders of a first class magistrate. Further, the law states, "The police can interrogate a woman at
her residence in the presence of a woman constable and family members or friends". A woman
can also not be detained at night at the police station without legal permission.

#16. Women have a right to register their complaint virtually

If a woman is not in a position to physically go to a police station and file a complaint, there is a
provision for virtual complaints where she can lodge a complaint via e-mail or write her
complaint and send to a police station from a registered postal address. This provision leads to
the SHO (Station House Officer) sending police to the complaint's place to record her.

#17. Indecent Representation of Women (Prohibition) Act (1986)

The depiction in any manner of the figure of a woman; her form or body or any part in such way
as to have the effect of being indecent, or derogatory to, or denigrating women, or is likely to
deprave, corrupt or injure the public morality or morals", is a punishable offense.

#18. Women have a right against being stalked

Section 354D of the IPC and legal action can be taken against an offender. It has been
considered as a legal offense. Stalking has been defined by the law as, "To follow a woman and
contact, or attempt to contact such woman to foster personal interaction repeatedly despite a
clear indication of disinterest by such woman; or monitor the use by a woman of the internet,
email or any other form of electronic communication."
#19. The provision of zero FIR
The ruling by the Supreme Court mentioned that a woman who is a victim can register her
complaint at any police station under the Zero FIR ruling. The Zero FIR is an FIR that can be
filed at any police station irrespective of the location where the incident occurred or a specific
jurisdiction it comes under. So once that FIR is lodged and investigation and filling are done
with a magistrate, it can be moved to the Police Station in whose jurisdiction the case falls under.
This ruling was passed to save time that would impact a victim and also lead to an offender
getting away scot-free.
Constitutional Provision Preamble The Preamble contains the essence of the Constitution and reflects the
ideals and aims of the people. The Preamble starts by saying that we, the people of India, give to ourselves
the Constitution. The source of the Constitution is thus traced to the people, i.e. men and women of India,
irrespective of caste, community, religion or sex. The makers of the Constitution were not satisfied with mere
territorial unity and integrity. If the unity is to be lasting, it should be based on social, economic and political
justice. Such justice should be equal for all. The Preamble contains the goal of equality of status and
opportunity to all citizens. This particular goal has been incorporated to give equal rights to women and men
in terms of status as well as opportunity. Even though 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 members in the Constituent Assembly and the number
later decreased further. Their representation in the Lok Sabha is far below the expected numbers. This has led
to the demand for reservation of 33% seats for women in the Lok Sabha and Vidhan Sabhas. Political
empowerment of women has been brought by the 73rd and 74th Amendments4'2 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. At hand there has been series 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 the necessary protection in these areas. For providing
social justice to women, the most important step has been codification of some of the personal laws in our
country which pose the biggest challenge in this context. 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 prosecutor, for e.g. in cases of rape and dowry. Certain areas like domestic violence and sexual
harassment of women at the workplace were untouched, unthought of. These examples of gender
insensitivity were tackled by the judiciary and incorporated into binding decisional laws to provide social
justice in void spheres. Although a Uniform Civil Code is still a dream in spite of various directions of the
Court, the enactment of certain legislations like the Pre-Natal Diagnostic Techniques (Prevention of Misuse)
Act and the Medical Termination of Pregnancy Act prevent the violation of justice and humanity right from
the womb. In spite of these laws, their non-implementation, gender insensitivity and lack of legal literacy
prevent the dream of the Constitution makers from becoming a reality. They prevent the fulfillment of the
objective of securing to each individual dignity, irrespective of sex, community or place of birth. Part III of
the Constitution consisting of Articles 12-35 is the heart of the Constitution. Human Rights which are the
entitlement of every man, woman and child because they are human beings have been made enforceable as
constitutional or fundamental rights in India. The framers of the Constitution were conscious of the unequal
treatment and discrimination meted out to the fairer sex from time immemorial and therefore included certain
general as well as specific provisions for the upliftment of the status of women.

“A woman with a voice is, by definition, a strong woman.” - Melinda Gates

Women need to own up to their power and know their rights. No longer should you take
oppression, no longer should you take the harassment and as Maya Angelou says "I love to see a
young girl go out and grab the world by the lapels.”