Women Empowerment: Basic Constitutional guarantees to eliminate discrimination

INTRODUCTION

The 21st century is an era in which the words like feminism and women empowerment are considered to be very monotonous as the people are making it hype. India is a developed country now, it is touching various heights of success in different spheres, but the problems relating to women still persist here and still, the new India keeps it women tied to the old chains.

WHAT IS THE NEED OF WOMEN EMPOWERMENT?

Women empowerment can be said as the need of the hour. From the time immemorial women are always forced to occupy the second position as compared to men. As a result of which they are not free and independent entities and are always associated with men. The urgent need for women's empowerment is felt because of their status in comparison with men which was never equal.

HOW THE CONSTITUTION OF INDIA SAFEGUARDS THE RIGHTS OF WOMEN?

The framers of our Constitution were well aware of the need of having some specific provisions which positively discriminated against the women with the men. Hence, they drafted the Constitution in a way as it can provide empowerment to the women in the coming years.

PREAMBLE –

The preamble of the Constitution of India contains certain objectives such as justice, liberty, equality, and fraternity. It says that social, economic and political justice must be given along with the equality in the status and opportunity to the individual. Every citizen has the liberty of thought, expression, belief, faith, and worship.

FUNDAMENTAL RIGHTS –

Art.14 of the Indian Constitution says-“Equality before the law

Art.15 of the Constitution of India says –“Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.”

Art. 21 of the Indian Constitution says-“No person shall be deprived of his life or personal liberty except according to a procedure established by law.”

DIRECTIVE PRINCIPLES OF STATE POLICY-

ART. 39 A of Indian Constitution says – “The State shall, in particular, direct its policy towards securing: that the citizen, men, and women equally, have the right to an adequate means of livelihood.

ART. 39 D of Indian Constitution says – “The State shall, in particular, direct its policy towards securing: that there is equal pay for equal work for both men and women”

ART. 42 of Indian Constitution says – “Provision for just and humane conditions of work and maternity relief - The State shall make provision for securing just and humane conditions of work and for maternity relief”

FUNDAMENTAL DUTIES –

ART. 51 An (e) of Indian Constitution says- “It shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women”

ECONOMIC EMPOWERMENT OF WOMEN

The approach of equal pay for equal work was taken by the Supreme Court to expand the scope of such fundamental rights as Article 14 and 21 and give them great depth and dimension. (1)

In Randhir Singh v. Union of India(2), the Apex Court expounded the principle of 'equal pay for equal work' by reading articles 14 and 16 with the directive principle contained in article 39(d).

In Madhu Kishwar v. State of Bihar(3), the Apex Court revisited the constitution assembly debates to have an insight on the issue of economic empowerment of women.

POLITICAL EMPOWERMENT OF WOMEN

For empowering women in political spheres also, the judiciary has taken certain steps. The legislature has passed The Constitution (73rd Amendment) Act 1992 and the Constitution (74th Amendment) Act 1992 which added Article 243-D and 243-T to the Constitution, making provisions for reservation of not less than one-third of the total seats for women in the Constitution of the Panchayat and the local bodies, respectively.

In DattatryMotiram v. State of Bombay(4), the Bombay Municipal Borough Act, 1925 providing for reservation of seats for women in the election to the municipality was challenged. The Court rejected the argument and observed that the State may discriminate in favor of women against men as a result of the joint operation of clause (1) and (8) of Article 15, but may not discriminate in favour of men against women.

CONCLUSION

In my opinion, much more can be done to improve and enhance their conditions. Women are getting reservations in the lower judiciary only. They must be getting some benefit for holding seats in higher judicial services also. These all are small initiatives which will surely help in women getting empowered.

[The author, Ayush Chaurasia is a 2nd Year law student at Shambhunath Institute of Law, Uttar Pradesh]

1. https://shodhganga.inflibnet.ac.in/
2. AIR 1982 SCR 879:1982(3)
3. AIR 1996 (5) SCC 125
4. BOMLR 1960 (62)