Provisions Related to Women
under Indian Constitution
Submitted By- Submitted to –
Arpana Pathak Dr. Pallavi Singh
CUSB2213125023 Assistant Professor
5th semester, sec –A School of Law & Governance
Provision Related to Women Under
Indian Constitution
INTRODUCTION
The Indian Constitution , a comprehensive document
which guarantees equal rights to all citizens, including
women and includes several provisions aimed at ensuring
gender equality and empowering women.
This presentation will explore the key constitutional
provisions that protect and promote women’s rights in
India and promote their participation in social ,
political and economic life.
The main privileges granted to women by
Constitution of India are as follows:
Fundamental
Part III of the Constitution deals with the Fundamental rights. The provision regarding this rights have been
enshrined in the Articles 12 to 35 . The of India Guarantees all the rights to women which are given to men.
Fundamental Rights:--
Article 14- Right to Equality—
Guarantees equality before the law and equal protection of Law for everyone and
Equal protection of law for everyone.
• Ensures that women have the same legal standing as men in all matters.
Article 15:- Prohibition of discrimination
• explicitly prohibits discrimination on the ground of sex.
• ARTICLE 15(3) :-- Allows the state to make special provisions for women and childre,.
this is the constitutional basis for policies and laws designed to uplift women .
Example– reservation in education or employment
And Article 16 :- No discrimination in the matters of public
employment on the grounds of sex only as provided in this
article.
Right to Freedom:-- Articles 19 to 22 of the constitution
deal with the right to freedom . it includes right to freedom
of speech , protection in respect of conviction for offences ,
protection of life and personal liberty and protection against
arrest and detention, etc.
Right against Exploitation:-- According to Article 23 of
the Constitution traffic in human beings and forced labour is
prohibited . Employment of Children is prohibited under
Article 24 of the Constitution.
Right to Freedom of Religion:-- Article 25 to 28 of the
constitution deal with the right to freedom of religion. It
means professing, practising , and propagating their religion
freely.
Directive Principles and state Policy &
Women’s Rights
Part IV of the Constitution deal with the D.P.S.P. &it covers
the article (39-45). Ans some articles related to women are
.Article 39(a), Article 39(d) and Article 39A
o Article 39(a) – demands that the State provide men
and women equally the right to an adequate means of
livelihood.
o Article 39(d) goes a step further to ensure equal pay
for equal work for both men and women, aiming to
eliminate wage disparities based on gender.
o Article 39A – (42th amendment ) ,it guarantees the
right to free legal aid and equal justice for all citizens.
o These articles collectively work towards establishing
economic justice and equal opportunities for women.
Article 42 & Maternity Relief Act ,1961
o Enacted in accordance with Article
42, The Maternity Benefit Act, 1961,
underscores the State’s commitment
to ensuring just and humane
conditions of work and maternity
relief for women.
o This provision is a testament to the
Constitution’s concern for the health
and well-being of women
in the workforce.
Special Provisions for women
o Article 15(3): State can make special provisions for women and children. This
provision empowers the state to enact laws that provide preferential
treatment or benefits to women and children
.Examples :-Maternity leave Childcare facilities Reservations in educational
institutions
o Article 16(4): State can make reservations for women in public employment.
This allows the government to set aside a certain percentage of jobs for
women in public sector organizations.
This measure aims to address historical inequalities and promote gender
diversity in the workplace.
o Article 23: Prohibition of forced labor. This article prohibits any form of
forced labor, including bonded labor, which can disproportionately affect
women. It ensures that women have the right to choose their employment
and are not exploited.
o Article 24: Prohibition of child labor. It prohibits the employment of children
below the age of 14 in any factory, mine, or hazardous occupation. It
protects children from harmful working conditions and ensures their right to
education.
Constitutional Amendments
73rd & 74th Amendments :Reservation of seats for
women in Local Bodies .
o These amendments to the Indian Constitution
introduced reservations for women in Panchayati raj
institutions (local self-governance bodies) and
municipalities.
o This measure aims to increase women's participation
in decision-making at the local level and promote
gender equality in governance.
CONTINUED…….
The following articles deal with the participation of women in
local government are:--
o Article 243 D (3) and Article 243 T(3) provide for reservation
of not less than one third of total number of seats in
Panchayats and Municipalities for women to be allotted by
rotation to different Constituencies.
o Article 243 D(4) T(4) provides that not less than one third of
the total number of officers of chairperson in the Panchayat
and Municipalities at each level to be reserved for women.
Landmark Judgements:--
A women shall not be denied a job merely because she is a women
o In the Case of Air India v. Nargesh Meerza (1981),In this case, an inclusive reading of Article
14 was done by the Supreme Court and it was decided that employment cannot be denied
to any person on the grounds of sex. For inflight services, stress was laid on the height of the
youth, appearance, and glamour quotient of the employees.
o An aviation company called Air India regulated that the air hostesses should retire if they
reach the age of 35, conceiving a child, or on marriage whichever occurs earlier. These
conditions were derogatory and offending and hence challenged in the court and were
later struck down.
Equal Pay for equal work
o In the case of Randhir Singh V. Union of India , it is a landmark case that reinforced the
Principle of equal pay for equal work as a Constitution Mandate. This judgement emphasized
the importance of ensuring fairness and equality in employment practices , especially in
the Public Sector.
Continued……..
Women’s Right to make reproductive choice
o In the Case of Suchita Shrivastava & Another V. Chandigarh Administration , the Apex court observed that
a woman’s right to make reproductive choice is also a dimension of ‘Personal liberty” under Article 21of Indian
Constitution . however, reproductive choice can be exercised to procreate as well as abstain from procreating.
There should be no restrictions whatsoever on exercise of reproductive choices such as women’s right to refuse
participation in sexual activity or alternatively the instance on use of contraceptive methods. The court ruled that
reproductive rights include a woman’s entitlement to carry a pregnancy to its full term, to give birth, and
subsequently raise children. Further, the medical Termination of Pregnancy Act, 1971 can also be viewed as
reasonable restrictions that have been placed on exercise of reproductive choices.
CONCLUSION…
The Constitutional provisions for women in India are a reflection of the nation’s commitment to
gender equality and women’s empowerment. By guaranteeing fundamental rights, promoting
economic justice and ensuring participation in local governance, the Constitution lays down a
comprehensive framework for advancing the rights and interests of women.
While significant progress has been made, the journey towards full gender equality continues. It
is imperative for the State, civil society and individuals to work collaboratively to realize the
constitutional vision of a society where women can live with dignity, equality and freedom..
