THE CONSTITUTIONAL STATUS OF WOMEN IN INDIA

1. Political Science
PSM-504
Additional Assignment
Topic-
THE CONSTITUTIONAL STATUS
OF WOMEN IN INDIA
Presented To,
Dr. Deepika M. Chauhan
Presented By,
Anjum Nisha
1801826
Submitted Date
9/29/2020

2. THE CONSTITUTIONAL STATUS OF WOMEN IN INDIA
INTRODUCTION:
Our Indian constitution was written in an era when the social condition
of Indian women was very poor and need an urgent reform. She was
mentally and physically tortured in the society. She was struggling to
find her social status and a respectable place in the society. At that time
Indian women were in a need of some laws in order to improve their
social position and to ensure proper safety against mental and physical
torture. At that time Dr. B. R. Ambedkar, author of our Indian
constitution, took certain constructive and much needed steps in favour
of Indian women to make them independent and socially strong and
today we can see the revolutionary change in the position and image of
Indian women.Due to the revolutionary changes brought by our
constitution and efforts made by Indian women, they have earned
themselves a respectable position in the society. Now they are treated
equally with men. Today women are everywhere and to be precise
women are in space, women are in corporate, women are in politics,
women are in entertainment field, women are in defence field and the
list goes on. It is indeed a matter of pleasure that the position of women
has improved in the last four decades. But still somewhere I feel that the
presently Indian women are again a bit struggling to maintain their
dignity and freedom.
CONSTITUTIONAL PROVISIONS FOR WOMEN IN INDIA:
Lots of provisions have been introduced through constitution to ensure
dignity and self respect to the women at large. As mentioned earlier Dr.
B. R. Ambedkar, author of Indian constitution, (The constitutional

3. and legal rights of women;Judith A.Baer, Leslie Friedman
Goldstein…..2005) make sure that constitution of India safeguard the
social and legal rights of women. Please find below some of the
provisions made in favour of Indian women, in constitution of India:
1. Article 14:- Article 14 of constitution of India ensures equality before
the law or the equal protection of the laws within the territory of India.
This is a very important provision which provides equal legal protection
to women against any women based crime. This provision also paves
way for the introduction of various laws and acts to ensure protection
and enforcement of legal rights of women in India.
2. Article 15:- Article 15 of constitution of India ensures that no one
should create any sort of discrimination only on the grounds of religion,
race, caste, sex or place of birth or any of them within the territory of
India. At the time of Independence there was lots of discrimination in
India against women which gradually abolished after introduction of
article 15. As per article 15(3) of the constitution (Chalam ) state has the
authority to make any special provision for women and children.

4. 3. Article 16:- Article 16 of constitution of India ensures equal
employment opportunity to every citizen of India. As per article 16 (The
constitutional rights of women:cases in law and social
changes;1992) there should not be any discrimination in respect of
employment opportunity under the State only on grounds of religion,
race, caste, sex, descent, and place of birth, residence or any of them.
Now we can see women are doing really good work in politics and in
corporate sector. Presently they are holding responsible positions in
Government and Government run institutions. Let me share few good
names from political and corporate field. These names are Chanda
kochhar, Indira nooyi, Sonia Gandhi, Sushma Swaraj and this never
ending list goes on.
4. Article 39:- Article 39 of constitution of India ensures the benefit of
the directive principles of state policy to the women. Directive principles
of state policy mean guiding principles for the framing of laws by the
government at state level. Article 39(a) of directive principles of state
policy ensures and directs a state to apply policies which focus on a men
and women have an equal right of adequate means of livelihood and
article 39(c) ensures equal pay for equal work for both men and women.

5. 5. Article 42:- Article 42 of constitution of India caste a duty on every
employer to ensure just and humane conditions of work and for
maternity relief. In reality the position and treatment of women in
corporate offices is really bad and in fact they are exploited by their
seniors and bosses. In this scenario the provisions of article 42 are very
important and now it is duty of employer to provide good working
conditions to all the employees.
6. Article 243:- Article 243 of constitution of India ensures reservation
of seats in gram panchayat for women. This opportunity of being a part
of local level arbitration process has improved the social conditions of
women in village areas. These are few rights which are given by our
constitution to the Indian women in order to ensure their dignity and
social respect. Further to protect these constitutional rights there are
numerous legal steps that have been taken by the state Governments
which we will discuss in detail through this article.

6. LEGAL STATUS OF WOMEN IN INDIA:
After Independence there was have to acquaint some statutory laws with
guarantee wellbeing and assurance of women.(Ashalatha.P et al. 2012)
Keeping in see this prerequisite, much the same as established
arrangements, different parliamentary advances have likewise been
taken by the law of India with a specific end goal to guarantee stately
life to the Indian Women. Parliamentary advances implies and
incorporates the authorisation of different laws and statutory acts to
secure the enthusiasm of ladies and to stop the wrongdoing against
women. These demonstrations have demonstrated extremely helpful
towards advance and security of women in the public eye. By and by I
feel that equivalent rights ought to be granted to women which have just
been delighted in by men in our general public as women shapes a note
worthy piece of Indian populace and for social and financial welfare on
worldwide stage women welfare is especially required. Keeping in mind
the end goal to guarantee adherence to established arrangements for
women welfare, there was a need to order particular laws by the state
and local Government.
Adultery:-
Adultery is an intense wrongdoing against ladies in India and influences
wedded women all things considered. In basic words infidelity implies
having deliberate sexual association with a wedded individual other than
the life partner. The offense of infidelity is managed by segment 497 of
the Indian corrective Code, 1860, which says infidelity implies sex of a
man with a wedded lady without the assent of her significant other when
such sex does not add up to assault. Anyway we may discover diverse
significance of infidelity in various laws in various nations.
Child marriage :-
Child marriage is a terrible offense against youngster as it doesn't just
damages the fate of kid yet additionally harm social qualities. Facilitate
the specialists have additionally uncovered that tyke marriage is a major
purpose behind awful wellbeing condition for young lady tyke.

7. Youngster marriage limits the social advancement alongside
diminishment in the instructive and business openings in the worldwide
market. It resembled a weight on society to hone this unwritten custom.
The real advance was taken by the Law Commission of India by settling
the base age for marriage which is 18 years for young women’s and 21
years for young men.
Female infanticide: -
Female feticide implies distinguishing and murdering of female baby
before they take birth. This is the most ruthless method for slaughtering
ladies. The custom of female feticide is
polished by the general public frame old circumstances and it is
extremely disgraceful to take note of that even today, when we views
ourselves as taught and humanized, this custom is rehearsed in a major
way. Government has found a way to spread mindfulness among
individuals about the outcomes of this wrongdoing. Numerous
mindfulness programs are led by the Government to spread the
mindfulness about the physical, mental and social impact of this
training. Discipline of 3 years detainment and Rs. 10,000 fine has been

8. recommended by Pre origination and Pre Natal Diagnostic Techniques
(Prohibition of Sex determination) Act, 1994, for the offense of Female
feticides.
Trafficking and Prostitution :-
Trafficking implies import and fare of people for sex business. It is for
sure extremely tragic to discover that in India, where ladies are
perceived as Devi and implored by all Indian's as Devi Shakti, they are
additionally regarded as a wellspring of procuring by deceptive
means.(Mehta 1987; Achchi et al. 2012) Prostitution is one of the most
concerning issues in this world which is harming the ladies from various
perspectives. By and large, the term prostitution implies offer of sexual
administrations for acquiring cash. Prostitution (Suppression of
Immoral Traffic (Prevention) Act 1956) is an issue which exists over
the world. There are many laws in India keeping in mind the end goal to
keep the wrongdoing of prostitution like Suppression of Immoral Traffic
in Women and Girl Act 1956 and Immoral Traffic (Prevention) Act
1956.

9. Domestic violence:-
Domestic viciousness (Domestic brutality Act, 2005) has turned into an
intense issue for women. By and large the term Domestic savagery
implies mental, physical, enthusiastic and conservative provocation of a
lady by relatives. With the end goal of aggressive behaviour at home
family incorporates mate, his mom, father, sibling, sister, his relatives
and some of the time even companions. We call ourselves instructed and
speak excessively about profound quality, morals and human progress
and anticipate that others will regard make a fantasy world however
overlook that without giving due regard to the ladies, a country's
development is outlandish. Presently in India abusive behavior at home
is perceived as a criminal offense under area 498A of Indian Penal Code,
1860. Aggressive behavior at home means remorselessness by spouse
towards ladies.
Eve teasing: -
It is a general observation that eve prodding is certainly not a major
wrongdoing like assault or kill and might be a direct result of that we
don't consider it important. Yet, from a ladies' perspective eve prodding
is likewise a major wrongdoing as this action makes her vibe awkward
the greater part of the circumstances. Eve prodding as a rule includes
prodding ladies, passing remarks on ladies and making revolting signs
(share). A lady needs to confront this sort of chafing conduct and
manage this on regular schedule.
Acid throwing:-
Recently the issue of corrosive tossing on young ladies has additionally
turned into a major issue. There are few sorts of acids and all are
extremely risky for human blaze and consume. This corrosive assault
now and then is dangerous to the point that even bones and eyes are
likewise got harmed because of corrosive. Scarcely any casualties are
compelled to leave their training or occupation because of the
aftereffects of corrosive tossing. Presently a days this has turned out to
be simple for individuals to get these acids and the instances of corrosive
tossing has turned out to be extremely general in every day life. It is very

10. miserable that not with standing of such a large number of instances of
corrosive assaults on ladies, we don't have a committed and particular
law to manage such cases. The National Commission for Women
(NCW) is requested a very much characterized law to manage such
losses. The NCW has presented a draft of the Prevention of Offenses (by
Acids) Act, 2008, which is with now with the Union Ministry of Women
and Child Development to vet and last suggestions.
Fraudulent Marriage:-
Before delving into the subtle elements of Fraudulent Marriage let me
clarify the general importance of misrepresentation in connection to
wrongdoing against ladies. Extortion implies concealing something or
giving false impression about something which a man realizes that
knowing the reality may hurt his planned marriage. The extent of false
marriage has expanded in the ongoing past as in India guardians of a
young lady are exceptionally enamored with NRI child in law.
Guardians need to settle their girl with any rich NRI. Guardians of ladies
don't ask excessively about the NRI prep as they are upbeat that their
little girl will wed a rich individual who will satisfy her everything
requests and she will carry on with a lavish life in abroad.
Exploitation at work place:-
Though we as a whole acknowledge reality that in this day and age
ladies has left her picture of house spouse and substantiated herself as a
superior director then a man. In all divisions ladies are buckling down
and getting honors and rewards for that. She has crossed every one 1of
the limits and close the mouth of each one of those people groups who
has ever scrutinized her working bore.
Rape, Murder: -
Rape is another intense wrongdoing against ladies and this wrongdoing
is expanding step by step like anything. Revealing of assault and
kidnapping cases has turned out to be exceptionally normal in print and
electronic media which is to be sure an extremely tragic issue for every
one of us. Expanding assault cases are sufficient to demonstrate that our

11. ethical qualities are still low despite everything we to figure out how to
regard the respect of ladies on the loose. In basic terms the word
'Assault' implies sex or sexual entrance, by someone else without the
assent of the other individual or casualty. Arrangements identified with
assault are given in segment 375 and 376 of the Indian Penal Code,
1860.
Dowry :-
The arrangement of settlement is another social insidiousness which
dragging ladies once again from 100 of years as this underhandedness
has a long history particularly in India. Different share based abusive
behavior at home cases has been accounted for by media. There are
sufficient lawful arrangements in India to give alleviation to ladies in the
event of share based abusive behavior at home cases. Common law of
India has restricted the installment of endowment in the year 1961.
Promote Indian Penal Code, 1860 has presented Sections 304B and

12. 498A, which enables ladies to record dissension and look for rebuilding
of her rights from genuine provocation by the spouse's family (Security
of Women from Domestic Violence Act 2005) .
WOMEN AND EDUCATION:
It is a typical social faith in rustic India that, the training for young
womens inconsequential since she will wind up working in the house or
in cultivate. The uneducated and unpracticed young lady is considered as
immaculate and virgin in numerous rustic regions and she eventually
gets better proposition for her marriage. Cast framework likewise
assumes an exceptionally fundamental part as an obstruction to a young
lady kid's instructive rights. Despite the fact that the constitution of India
gifts women similar rights proportional to men, however there
concealment takes after from the social custom, from religious standards
and practices. Generally guardians need to put resources into the training
of their child and ability improvement. Since, a young women is
dependably a theme of her marriage and kids. While guys figure out how
to wind up family supplier, female learn kid bearing and local
obligations. Hitched young don't for the most part have instructive
rights, in this way child marriage abuses the instructive privileges of a
young women child . It denies them of potential freedom and also
damaging the CRC (Convention on the Rights of the Child)
arrangements. Islamic law, regularly known as Sharia Law, as
deciphered by Islamic fundamentalists, requests that spouses submit to
their better half. It likewise demands that young lady to wear a shroud
on the off chance that they need to go out. It is an average social
confidence in natural India that,( Political status of women in
India; Shukla; Sibyl A. Schwarzanta; 2006) the preparation for
youthful women irrelevant since she will end up working in the house or
in develop. The uneducated and fresh young woman is considered as
impeccable and virgin in various provincial districts and she in the long
run shows signs of improvement recommendation for her marriage. Cast
system similarly accept an outstandingly central part as a hindrance to a
young woman child's educational rights. Regardless of the way that the

13. constitution of India endowments women (Reservation for Women in
Local Self -Government;73rd constitutional amendment)
:comparative rights corresponding to men, anyway there camouflage
takes after from the social custom, from religious guidelines and
practices. For the most part gatekeepers need to place assets into the
preparation of their youngster and capacity change. Since, a young
women is reliably a topic of her marriage and children. While folks
make sense of how to twist up family provider, female learn kid bearing
and neighbourhood commitments. Hitched young women don't generally
have informative rights, along these lines kid marriage mishandle the
informational benefits of a young women tyke . It precludes them from
claiming potential flexibility and furthermore harming the CRC
(Convention on the Rights of the Child) game plans. Islamic law,
frequently known as Sharia Law, as deciphered by Islamic
fundamentalists, asks for that mates submit to their significant other. It
moreover requests that young woman to wear a cover if they have to go
out. It gifts to have diverse life partners it in like manner urges young
women to marry in early age just to promise her virginity and to a great
degree limits work odds of female. In each one of these conditions how
a young woman tyke even plan to twist up an insightful sagacity.
CONCLUSION:
Women’s rights are qualifications and flexibilities guaranteed for ladies
and young women if any age in numerous social orders. In a few places
these rights are standardised or upheld by law, nearby custom, and
conduct, while in others they might be overlooked or stifled. Today,
given the way that the quantity of women in India far dwarfs the
aggregate populace of numerous nations, one would anticipate that the
Indian women will be a socially solid and engaged class. Regardless of
the standards of sexual orientation equity being revered in our
constitution and in spite of the state being enabled to receive measures
of positive separation to support them, women of India keep on bearing
the brunt of societal segregation. Women in antiquated India delighted in

14. meet status and rights with men in all fields of life; they were taught;
they wedded at a develop age and were most likely allowed to pick their
spouses. Amid the medieval period, the Indian lady's situation in the
general public weakened. Amid the British control numerous reformers
battled for the social and financial upliftment of the ladies. Customs, for
example, Sati, Jauhar and Devadasis were restricted. Today, regardless
of whether it is wellbeing, instruction, death rate or some other
improvement parameter, women of India are on extremely powerless
balance. Notwithstanding endeavors to raise the economic wellbeing of
ladies for over a century, India still positions 118 among 177 countries
on sexual orientation value. Although youngster marriage has been
restricted since 1860 and the Child Marriage Restraint Act was passed in
1929, it is as yet a typical practice. As indicated by UNICEF's "Territory
of World Children, 2009" report 47% of India's women matured 20 to 24
were hitched before the endorsed legitimate age of 18 years, - 56% in

15. country regions. Around 40% of world's tyke relational unions happen in
India.
Reference:-
1.https://edugeneral.org/blog/polity/women-rights-in-india/amp/
2.http://www.legalserviceindia.com/helpline/woman_rights.html
3.https://buddymantra.com/protection-women-indian-constitution/
4.http://www.indiastudychannel.com/resources/155065-Legal-
Constitutional-rights-women-India.aspx
5.https://www.nrilegalservices.com/constitutional-women-rights-
india/amp/
6.https://www.researchgate.net/publication/290691292_Legal_status_an
d_rights_of_women_in_Indian_constitution
{Thank you so Much}