Author: Manasvi Katiyar
College: Faculty of Law, Delhi University
Abstract-
All the citizens including women share same rights as manincluding right to equality, dignity and liberty under the Constitution of India. Here, Article 14 and 15 became very important because both the Article especially emphasize on providing equality before the law and protection against discrimination. The Directive Principle of State Policy also contain provisions related to women which deals with providing equal opportunities, equal pay, and better workingenvironment for women. As time is changing, laws are alsochanging. Various landmark Court’s judgment has also strengthened women’s rights in areas such as domesticviolence, sexual harassment at workplace, maternity benefits, property rights, and sexual offences.
This article deals with the constitutional and legal protectionavailable to women in India and some important judgments.
To the Point
Article 14 of the Constitution of India says that everyone is equal before law and should be protected under the laws. Article 15 of the Constitution of India states that no one can be discriminated based on the sex, caste, or religion ground. Article 15 (3) empower the state to make special provisions for women and children. Article 16 of the Constitution of India guarantees that equal opportunity should be provided toall the citizens of India which include women also in the matters of public employment.
Our constitution also talks about economic equality. Article 39(a) directs the state to ensure that both men and women have equal right of livelihood. Article 39 (d) also states that bothmen and women should receive equal pay for equal work. Article 42 of the Constitution of India ensures that a secureworking environment should be provided to the women ofIndia, and they must also provide maternity relief.
Apart from the Constitution of India, there are various lawsintroduced by the Government of India, which especially deals with matter related to domestic violence, sexual harassment at workplace, maternity benefit, sexual offences,property, and inheritance. In some other ways, women need special powers, privilege, and protection so that they can protect themself from this discrimination based society.
Use of Legal Jargon
Article 14 of the Constitution of India provides equalitybefore the law and equal protection of law. What it means is that, people who are in the same situation should be treated equal except where there is a valid reason to do so the law must specify individuals reasonably.
Article 15 (1) & (2) of the Constitution of India prohibit the state from discriminating against any citizen on the basis ofreligion, race, caste, sex, place of birth or any of them. At thesame time, Article 15 (3) allows the state to make special provision to protect the interests of women and children.
Article 16 provides equal opportunity to all the citizens inthe matter related to the public employment or appointment to any office under the state. This is relevant because of the increased discrimination against women in government jobs and public services.
Article 21 of the Constitution of India guaranteed right to life and personal liberty to every people. Over the past some years, the Supreme Court has interpreted this right by broadlyexpanding its definition by connecting it with right to live with dignity. Issues related to women privacy, integrity,personal choices, and autonomy have therefor become part ofthe constitutional discussion for protecting women’s rights.
The Directive Principles have also played important role in this. Article 39 (d) talks about giving equal pay for equal work to both men and women. Article 39 (a) also talks about that both men and women have the right of adequatelivelihood, and Article 42 directs the state to make provisions for women to provide them safe working environment and maternity benefits.
Several laws were introduced in our country to protect women. The Protection of Women from Domestic Violence Act, 2005 was introduced with an objective to provide legalprotection and remedies to women’s facing domestic violence. The Sexual Harassment of Women at Workplace (Prevention,Prohibition and Redressal) Act was introduced in 2013which deals with sexual harassment at their workplace. TheMaternity Benefit Act, 1961, was amended to provide maternity-related benefits to women employee. The Hindu Succession (Amendment) Act was amended in 2005 which grant daughter right to property in Hindu joint family property.
The Proof
Major issue which women generally face is “violence”. It istrue that laws have been made to protect against domestic violence and sexual-related offences, but it is just one way ofsolving the problem.
Another issue is “Economic Inequality”. Although the constitution has provided women the right to equality in employment and equal pay but women still faces difficulties when they want to continue their pending studies, work inoffice, and finding better career opportunities for their growth.
Laws related to Property and Inheritance was introduced but because of social pressure, family pressure, and lack of awareness, they are not able to exercise these rights. Due tofinancial dependency, family or social pressure, fear of backlash, lack of legal awareness, lack of legal rights, anddelays in court proceedings became the biggest challengingsituation to access justice.
Therefore, removing discrimination alone does not mean that we are given equal opportunities. Women must be given theposition or power where they can easily exercise their right, participate equally in society, and live with dignity without any external interference.
Case Laws
1. Vineeta Sharma v. Rakesh Sharma (2020)-
This case is related to the rights of daughters as acoparcener in Hindu joint family property under the Hindu Succession Act. In this case the court held that by birth, daughters have same rights just like a son has in a coparcenary property.
This judgment is important because under the 2005 amendment act of Hindu Succession Act, it was for thefirst time when court has recognised that equal rightsmust be given to the daughters also.
2. Shayara Bano v. Union of India (2017)-This case is also known as tripe talaq or talak-e-biddatcase. This case is one the most important landmark case in the history of India. In this case, the court has declaredtriple talaq unconstitutional.
Unlike other women, Shayara Bano raised her voiceagainst it and the history was made not only in Muslim Personal Law but also in the constitution.
3. Githa Hariharan v. Reserve Bank of India (1999)-
This is the landmark judgment Supreme Court of Indiacase which gave mothers equal rights to act as a natural guardian of their minor children under the HinduMinority and Guardianship Act, 1956.
This judgment was important in recognising the role andstatus of women in the matter related to guardianship.
4. Vishaka v. State of Rajasthan (1997)-
This is one of the most important judgments related to women’s safety at the workplace. This judgmentestablished the Visaka Guidelines to protect women fromsexual harassment at the workplace.
This judgment made it clear that a safe workingenvironment at workplace is closely connected with woman’s right to equality, dignity, and freedom to work.
Conclusion
The Constitution of India laid down strong foundation for women’s equality, dignity and freedom. The courts have alsoplayed an important role in developing women’s rights.Article 14, 15, 16 and 21 along with the Directive Principle of State Policy has also made sure that gender equality is an important part of constitutional framework. But there still a big gap between law and implementation. Women’s were given rights but they are not able to perform their rights.
In the end, protecting women’s rights or making more laws is not the only solution. It is about making sure that everywoman can actually use the rights which they already haveand they must be given full power to make their own decisions.
Frequently Asked Question (FAQs)
Q1. Which Constitutional provisions protect women’srights in India?Some of the main Constitutional provisions dealing withwomen’s right in India are Article, 14, 15, 16 and 21.
Q2. Is there any Article which deals with special laws forwomen?
Yes. Article 15 (3) of the Constitution of India allow the Stateto make special provisions for women and children.
