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))
(ix)
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))
(x)
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))
2.
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)
(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 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.
