Thursday 8 August 2024

Discuss the constitutional provisions which promotes empowerment of women in India

 India's Constitution provides a robust framework for the empowerment of women through various provisions aimed at ensuring gender equality, protecting women’s rights, and promoting their participation in the socio-economic and political spheres. Here are the key constitutional provisions that promote the empowerment of women:

1. Equality Before the Law (Article 14)

  • Article 14 guarantees equality before the law and equal protection of the laws to all persons within the territory of India. This ensures that women have the same legal rights as men and are treated equally under the law.

2. Prohibition of Discrimination (Article 15)

  • Article 15(1) prohibits discrimination by the State against any citizen on grounds of religion, race, caste, sex, or place of birth. This directly addresses gender discrimination.
  • Article 15(3) specifically allows the State to make special provisions for women and children, recognizing the need for affirmative action to address historical and social disadvantages faced by women.

3. Equality of Opportunity in Public Employment (Article 16)

  • Article 16 ensures equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. It prohibits discrimination on the grounds of sex, among others, ensuring that women have equal opportunities in public employment.

4. Right to Life and Personal Liberty (Article 21)

  • Article 21 guarantees the right to life and personal liberty. The Supreme Court of India has interpreted this right to include the right to live with dignity, which encompasses the protection of women from violence, abuse, and exploitation.

5. Directive Principles of State Policy (Part IV)

  • The Directive Principles guide the State in formulating policies aimed at ensuring social and economic justice for all citizens. Several of these principles focus on women’s welfare:
    • Article 39(a): The State shall direct its policy towards securing that men and women equally have the right to an adequate means of livelihood.
    • Article 39(d): The State shall ensure equal pay for equal work for both men and women.
    • Article 42: The State shall make provisions for securing just and humane conditions of work and for maternity relief.

6. Fundamental Duties (Article 51A)

  • Article 51A(e) enjoins upon every citizen to renounce practices derogatory to the dignity of women, thereby promoting respect for women and their rights in society.

7. Reservation of Seats in Local Bodies (Articles 243D and 243T)

  • Articles 243D and 243T mandate the reservation of not less than one-third of the total number of seats for women in Panchayats and Municipalities. This provision ensures women’s participation in local self-government.

8. Reservation in Legislatures (Proposed)

  • Although not yet enacted, there have been proposals for reservation of seats for women in the Parliament and State Legislatures through constitutional amendments, reflecting the ongoing efforts to enhance women’s political representation.

9. Protection from Social Injustices

  • Article 23 prohibits trafficking in human beings and forced labor, which is particularly relevant for protecting women from exploitation.
  • Article 24 prohibits the employment of children in factories and hazardous conditions, indirectly supporting women by addressing child labor, which often has a profound impact on women’s lives.

10. Special Provisions for Women (Various Acts and Amendments)

  • Several laws and amendments have been enacted under the framework of the Constitution to protect and empower women, such as the Hindu Succession Act (1956), Protection of Women from Domestic Violence Act (2005), and the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act (2013).

These provisions collectively work towards creating a society where women are equal partners, free from discrimination, and empowered to participate fully in all aspects of life.

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