CONSTITUTIONAL PROVISIONS OR
PRIVILEGES AND LEGAL
PROVISIONS FOR INDIAN WOMEN.
SOME WOMEN RIGHTS IN INDIAN
CONSTITUTION
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 equals
protection of law; prohibits discrimination against any citizen on grounds of
religion, race, caste, sex and guarantee equality of opportunity to all
citizens. Articles 14, 15, 16, 39(a), 39(b), 39(c) and 42 of the Constitution are of specific
importance in this regard.
Constitutional
Privileges:
1. Equality before law for women and all. (Article
14)
2. The
State can’t discriminate any citizen on grounds of religion, caste, sex, place
of birth etc. (Article 15(i))
3. The
State to make any special Provision in favour of women and children. (Article
3)
4. Equal
opportunity for all citizens in matters relating to employment. (Article 16)
5. The
states to direct its policy towards securing for men and women equally the
right to an adequate means of livelihood (Articlr 39 (a)) ; and equal pay for
equal work for both men and women ( Article 39(d))
6. The
state to make Privileges for securing justice and humane conditions of work and
for maternity relief (Article 42)
7. The
State to promote with special care the educational and economical interests of
the weaker sections of the people. (Article 46)
8. The
State to raise the level of nutrition and the standard of living of its people (Article 47)
9. 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))
10. One-third
of the total number of seats to be filled by direct election in every Panchayat
to be reserved for women. (Article 243 d(3))
LEGAL
PROVISIONS OF INDIAN WOMEN:
To uphold the Constitution 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)
(vi)
Sexual Harassment (Sec.
509 IPC)
(vii)
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 have special provisions to safeguard women and
their interests like.
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