Rights for women in Indian constitution

The Indian Constitution provides a comprehensive framework to ensure the rights and empowerment of women. These rights are embedded in various Articles and provisions which are designed to promote equality, prohibit discrimination, and protect the interests of women. An overview of the rights for women in the Indian Constitution:

Fundamental Rights:

1. Equality before the Law (Article 14):
   • Guarantees equality before the law and equal protection of the laws within the territory of India.
2. Prohibition of Discrimination (Article 15):
   • Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
   • Allows the state to make special provisions for women and children.
3. Equality of Opportunity in Public Employment (Article 16):
   • Ensures equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state.
   • Prohibits discrimination in public employment on grounds of religion, race, caste, sex, descent, place of birth, residence, or any of them.
4. Right to Life and Personal Liberty (Article 21):
   • Includes the right to live with human dignity and guarantees the protection of life and personal liberty.
5. Prohibition of Trafficking and Forced Labor (Article 23):
   • Prohibits trafficking in human beings and forced labor.
6. Prohibition of Employment of Children in Factories (Article 24):
   • Prohibits the employment of children below the age of 14 years in factories, mines, or any other hazardous employment.

Directive Principles of State Policy:

1. Equal Pay for Equal Work (Article 39(d)):
   • The State shall direct its policy towards securing equal pay for equal work for both men and women.
2. Protection of Health and Strength (Article 39(e)):
   • The State shall ensure that the health and strength of workers, men and women, and the tender age of children are not abused.
3. Right to Work, to Education, and to Public Assistance (Article 41):
   • The State shall make effective provision for securing the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement.
4. Provision for Just and Humane Conditions of Work and Maternity Relief (Article 42):
   • The State shall make provision for securing just and humane conditions of work and for maternity relief.
5. Promotion of Interests of Women and Children (Article 45):
   • The State shall endeavor to provide early childhood care and education for all children until they complete the age of six years.
6. Duty of the State to Raise the Level of Nutrition and the Standard of Living (Article 47):
   • The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties.

Fundamental Duties (Article 51A):

• It is the duty of every citizen to renounce practices derogatory to the dignity of women.

Legislative Measures:

Various laws have been enacted to give effect to these constitutional provisions, including but not limited to:

1. The Equal Remuneration Act, 1976: Ensures equal pay for equal work.
2. The Protection of Women from Domestic Violence Act, 2005: Provides protection to women from domestic violence.
3. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013: Protects women from sexual harassment at their place of work.
4. The Maternity Benefit Act, 1961 (Amended in 2017): Regulates the employment of women in certain establishments for certain periods before and after childbirth and provides for maternity benefits.
5. The Dowry Prohibition Act, 1961: Prohibits the giving or taking of dowry.
6. The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994: Prohibits sex selection before or after conception.

National Commission for Women (NCW):

• The National Commission for Women Act, 1990 established the NCW to review constitutional and legal safeguards for women, recommend remedial legislative measures, facilitate redressal of grievances, and advise the government on all policy matters affecting women.

Reservations and Political Participation:

1. Reservations in Panchayats and Municipalities (Article 243D and Article 243T):
   • Provides for reservation of seats for women in Panchayats and Municipalities.
2. Women’s Reservation Bill: The Constitution (One Hundred and Sixth Amendment) Act, popularly known as the Women’s Reservation Bill, 2023 (Nari Shakti Vandan Adhiniyam), was introduced in Lok Sabha on 19 September 2023 during the special session of Parliament. This legislation seeks to allocate 33 percent of the seats in the directly elected Lok Sabha, State legislative assemblies, and Delhi legislative assembly  for women

Conclusion:

The Indian Constitution provides a robust framework for protecting and promoting the rights of women, ensuring equality, and preventing discrimination. These provisions, along with supportive legislation and policy measures, aim to empower women and create a just and equitable society.