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After independence, Indian government passed several general as well as special laws especially
constitutional provisions for protection of women to safeguard and to empower women in India.
The improvement in women’s position and status became further evident when immediately after
the independence, Indian women made their mark by becoming Governors, Cabinet ministers,
and ambassadors. Several measures were taken by the Government of India to assign equal status
to women in the economic, political and social fields.
The rights available to woman in India can be classified into two categories, namely as
constitutional rights and legal rights. The constitutional rights are those which are provided in the
various provisions of the constitution, which is the basic law of the land. The legal rights, on the
other hand, are those which are provided in the various laws. The Constitution of India pledges
equality of status and opportunity to men and women.[7]Being a custodian of constitution apex
court has been trying to fulfill constitutional objectives by numerous pronouncements in several
cases.
Finally it will be evident from history that the atrocities against women are since time
immemorial. And at the same time protection of women from atrocities is also as old as atrocities
against women in the form of religion, custom, ethical, moral values and through social
movements, national and international legal protections etc. but among all these the significant
role has been playing by law through judiciary as a savior of women from atrocities in modern
era. Legal safeguards not only protect women from atrocities, violations etc but also empowering
women in social, economical, educational, political fields.
The preamble is the key to open the mind of the makers. Constitutional framers aimed to provide
justice, liberty and equality to people irrespective of gender, status, religion, creed and cast etc.
by this one can understand that framers would like to establish a society with gender equality,
which directly or indirectly tries to uphold the women empowerment.
The rights and safeguards enshrined in the constitution for women in India
1.The right to equality and equal protection of laws [Article 14]
2.The state shall not discriminate against any citizen of India on the ground of sex [Article
15(1)].
3.The state is empowered to make any special provision for women. In other words,
thisprovision enables the state to make affirmative discrimination in favour of women
[Article15(3)].
4.No citizen shall be discriminated against or be ineligible for any employment or office under
the state on the ground of sex [Article 16(2)].
5.Traffic in human beings and forced labour are prohibited [Article 23(1)].
6.The state to secure for men and women equally the right to an adequate means of livelihood
[Article 39(a)].
7.The state to secure equal pay for equal work for both Indian men and women [Article 39(d)].
8.The state is required to ensure that the health and strength of women workers are not
abusedand that they are not forced by economic necessity to enter avocations unsuited to
theirstrength [Article 39(e)].
9.The state shall make provision for securing just and humane conditions of work and
maternityrelief [Article 42].
10.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]
11.The State to raise the level of nutrition and the standard of living of its people [Article
47].[10]
12.It shall be the duty of every citizen of India to renounce practices derogatory to the dignity
ofwomen [Article 51-A(e)].
13.One-third of the total number of seats to be filled by direct election in every Panchayat
shallbe reserved for women [Article 243-D(3)].
14.One-third of the total number of offices of chairpersons in the Panchayats at each level
shallbe reserved for women [Article 243-D (4)].
15.One-third of the total number of seats to be filled by direct election in every Municipalityshall
be reserved for women [Article 243-T(3)].
16.The offices of chairpersons in the Municipalities shall be reserved for women in such
manneras the State Legislature may provide [Article 243-T(4)]. Etc.
17.The elections to the House of the People and to the Legislative Assembly of every State shall
be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is
not less than eighteen years of age irrespective of gender, status etc entitle to be a voter. [ Article
325[11]and 326[12]].
Article 14ensures that the state shall not deny to any person equality before law. It prohibits class
legislation but permits reasonable classification. This is a very important provision which
provides equal legal protection to women against any women basedcrime. Article 15 (1)prohibits
discrimination against any citizen based on religion, race, caste, sex or place of birth while
Article 15 (3) permits ‘protective discrimination’ in favour of women according to which state
can make special provision for women and the scope of this article is wide enough to cover the
entire range of state activity including employment. Article 16(2)of constitution of India ensures
equal employment opportunity to every citizen of India. Article 42 empowers the state to make
laws for women workers and by which it can provide special maternity relief to women. Like,
above with the help of fundamental rights and directive principles of state policy state can
provide protective discrimination towards women, which will not infringe general equality. The
reason behind this is physical structure and performance of maternal functions of women place
her at a disadvantage in the struggle for subsistence and her physical well being becomes an
object of public interest and care in order to preserve the strength and vigour of the race makers
has given these safeguards to women. It is evident from numerous pronouncements of the court.
In several cases court has held that the State is competent under Arts. 15(3), 16(2) and 16(4) of
the Constitution to give preference to women in government jobs where they are equally
meritorious but more suited than men. The Court made it clear that giving preference to women
is only an affirmative action and not a reservation which normally implies a separate quota
which is reserved for a special category of person who are less meritorious.
Moreover, court also accepted that under Factories Laws, the State prohibits the appointment of
women in the factories in certain categories, i.e., on the dangerous and hazardous machinery, the
working hours are also restricted for the women and the State prohibits women in working in the
night times.
Finally court held that allotment of seats in buses, educational institutions for ladies is also not
gender discrimination, but is a protective discrimination keeping in view of the weak physical
structure of women, and social safety in the society.
4. Judicial role in Stop Acid attacks, regulate and restrict the sale of acid:
In Laxmi v. Union of India[27]On account of increase in number of acid attacks on women in
the past few years, Supreme Court in order to curb these gave directions to Home Secretary,
Ministry of Home Affairs associating the Secretary, Ministry of Chemical & Fertilizers to
convene a meeting of the Chief Secretaries/concerned Secretaries of the State Governments and
the Administrators of the Union Territories to curb and restrict the sale of acid throughout the
country.
Acid attacks on women and girls in 2013 and 2014 have been 56 and 47 in number respectively
as per the statistics of acid survivors’ organization.[28]Acid attack on a women is equal to taking
away her identity from her and such rampant increase in this heinous crime was leading to terror
amongst women and Supreme Court took a vital step and certainly led to the empowerment of
women to an extent and was an important step towards the safety of women in country. the
Supreme Court issued several directions for the protection of acid attack victims such as:
minimum 3 Lakh Rupees compensation for victims, adequate publicity of victim compensation
schemes, private hospitals must not refuse treatment to victims, and full treatment must include
medicines, food, bedding and reconstructive surgeries.
-Recognizing sex selection and female feticides as offence against right to life of women
In CEHAT v. UOI and others [50]the Supreme Court had given several directions regarding
sex selextion and sex selective abortion and for proper implement of Pre-Natal Diagnostic
Techniques Act by saying that female foeticide as a heinous act and an indicator of violence
against women.
The Indian Parliament also enacted Medical Termination of Pregnancy Act, 1971,The Indecent
Representation of Women (Prohibition) Act, 1986,Pre-Conception and Pre-Natal Diagnostic
Techniques (Prohibition of Sex Selection) Act, 1994,Protection of Women from Domestic
Violence Act, 2005and many more laws to protect the women life and liberty.
But in fact "Freedom cannot be achieved unless the women have been emancipated from all
forms of oppression"[51].
In Gaurav Jain v. Union of India,[52]the Supreme Court held that the children of the
prostitutes have the right to equality of opportunity, dignity, care, protection and rehabilitation so
as to be part of mainstream social life.
Besides above there are several issues in like recognizing right to get maintenance by women not
only under personal law but also under criminal procedure code irrespective of their religion[53],
a step mother[54]and adoptive mother[55]is also able to get maintenance , a women, who for
long term in live-in-relation[56]also able to get maintenance because of judicial verdict only.
Conclusion
Finally one can say that in India there are so many laws by legislatures, rules by administrator
and judicial pronouncements and more importantly individual as well as group women
organizations continuous affords for women protection and empowerment but too little justice to
her because of lack of unawareness, un-interest among women and people in society. It is the
need of the hour to have aware and empowered women. An empowered woman not only protects
herself but also protect people around her. So, it is time to break silence; women should fight for
her place in this male dominated society. It should be start from family itself. The mindset and
the patriarchal views that have engulfed Indian people mindset since ages should be change then
only the real fruits of law will be enjoyed by women.
"A woman with a voice is, by definition, a strong woman." – Melinda Gates[57]
*Assistant Professor, Smt. V.D. Siddartha Law College, Kanuru, Vijayawada, Krishna District,
Andhra Pradesh, India. E-mail: anuradhakoneru988@gmail.com
End-Notes
[1]Available at : http://www.azquotes.com/quote/1059987
[2]Dr. K.C. Jena, "Heirship of Women under Indian Personal Laws. A comparative study", Ph.D.
Thesis (1998).
Available at:
http://www.socialresearchfoundation.com/upoadreserchpapers/1/44/1506261215321st%20sapna
%20yadav.pdf
[3]It means where the women are respected, the God will be pleased.
[4]viz. Ancient, Medieval, British and Independent period.
[5]Puja Mondal, Status of Women in Vedic and Post-Vedic Period - Available at :
http://www.yourarticlelibrary.com/society/status-of-women-in-vedic-and-post-vedic-period/4397
[6]Mahatma Gandhi was having absolute faith in inherent power of women, he emphasized it by
saying- "complete emancipation of women and her equality with man is the final goal of our
social development, whose realization no power on earth can prevent" - Available at:
http://www.livelaw.in/women-laws-india/
[7]Article 14 of the Indian constitution.
[8]Art. 15(3)
[9]To achieve this aim states providing reservations in educational and employment for women
as well as to other weaker sections of society.
[10]To achieve this goal states providing necessary food for below poverty line people through
PDS (Public distribution stories) and nutrition food for woman during their pregnancy through
Anganvadi services.
[11]Article 325: No person to be ineligible for inclusion in, or to claim to be included in a
special, electoral roll on grounds of religion, race, caste or sex.
[12]Article 326 : Elections to the House of the People and to the Legislative Assemblies of States
to be on the basis of Adult Suffrage.
[13]1968 AIR 1379, 1968 SCR (3) 565
[14]Sukhdeo v. Governmentof A.P., 1966-1 Andhra WR 294
[15]AIR 1979 Pat 266
[16](1979) 4 SCC 260
[17](1981) 4 SCC 335
[18]1983 Lab.I.C. 1388
[19]AIR 2003 SC 3331
[20]AIR 1982 SC 1473
[21]AIR 1982 SC 879
[22]AIR 1983 SC 328
[23]AIR 1992 SC 1695
[24]1987 AIR 1281
[25]AIR 1997 SC 3011
[26]JT 2011 (8) SC 289, 2011 (8) SCALE 155, 2011 (4) UJ 2675 (SC)
[27](2014) 4 SCC 427
[28]Available at :http://www.acidsurvivors.org/Statistics/2 last accessed on 8th July, 2015
(Visited on 10thDecember, 2017)
[29]AIR 1954 SC 321.
[30]AIR 1985 SC 1618
[31]AIR 1988 SC 835
[32]1992 (2) Supreme 123.
[33]AIR 2015 SC 2569
[34]AIR 2015 SC 2382
[35]Case number :W.P.(C). No. 20680 of 2014 (H)
[36]AIR 1985 SC 1695
[37]AIR 1987 SC 1493
[38]1991(4) SCC 312
[39]AIR 1996 SC 1697
[40]2000 (2) SCC 139
[41](1995) 1 SCC 14
[42](1996) I SCC 490
[43]AIR 2000 SC 988
[44]AIR 2013 SC 1784
[45]Case number :Criminal Appeal No. 231 of 2015
[46]From sub clause (a) to (g)like speech and expression, assembly, association or unions,
movements, residence, profession and occupation.
[47]AIR 2003 P&H 353
[48]124 (2005) DLT 1
[49](2006) 5 SCC 475.
[50]AIR 2003 SSC 3309
[51]Nelson Mandela
[52]1990 AIR 292, 1989 SCR Supl. (2) 173
[53]Mohd. Ahmed khan v. Shah bano Begum & other AIR 1985 SC 945.
[54]Pitei Bewa v. Larimidhi, 1985 Cr LJ 1124 (Ori)
[55]Rewal v. Kamalabai, 1986 Cr Lj 282 (Mp)
[56]S.P.S. Balasubramanyam v Suruttayan Andalli Padayachi & Ors. And Abhijit Bhikaseth
Auti v. State Of Maharashtra and Others
[57]Available at : http://www.azquotes.com/picture-quotes/quote-a-woman-with-a-voice-is-by-
definition-a-strong-woman-but-the-search-to-find-that-voice-melinda-gates-52-24-98.jpg