May 10, 2020, The Liberacy:- Rights of Women. This defines the core structure that a country has imbibed on itself and how that country will progress in the future.
In India, where gender inequality has prevailed for centuries, it has become a new synonym of Development.
From the existence of tribes like Khasi of Meghalaya to the Nair’ of south India, the country has proved its potential of showing gender equality and matriarchal mindset.
This has been achieved from the goals set by the founding fathers of the Republic of India. The makers of the Constitution of India.
Constitution of India has enshrined the basic structure and articles to promote the Rights of Women.
The Parliament of India, from time to time has cross-checked and has successfully drafted and implemented the laws to protect the Rights of Women.
There are two types of Rights that protect Women in India from any injustice. They are,
1) Constitutional Rights.
2) Legal Rights.
1) Constitutional Rights.
i) Article 15:-
Statement:- Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
Clause 1 of article 15 protects women from any discrimination based on sex.
Clause 3 of the same article give the power to the state, to make laws in order to save the women in India from any harm, i.e. positive discrimination (affirmative action)
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ii) Article 16:-
Statement:- Equality of opportunity in matters of public employment.
Clause 2 of Article 16 gives a strict assurance that no citizen shall be discriminated against on the bases of Sex, in the matters of employment.
iii) Article 23:-
Statement:- Prohibition of traffic in human beings and forced labour.
Clause 1 of Article 23 talks about the prohibition of forced labour and human trafficking, as it directly affects women, who are forced into prostitution and sex works.
The above three articles are categorized under the “Fundamental Rights” (Part III) of the Constitution of India.
According to Article 32, the fundamental rights of the Indian constitution are directly protected by the Supreme Court of India. Any violation of Part III will be under the direct jurisdiction of the Supreme Court of India.
Supreme Court can issue various writs to protect the Fundamental Rights.
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iv) Article 39:-
Statement:- Certain principles of policy to be followed by the State.
Article 39 (a) guarantees that a state has to secure men and women equally with proper means of livelihood.
Article 39 (d) guarantees equal pay to men and women and abolishes any discrimination in paying for the same work to men and women.
Article 39(e) ensures that health of women at workplace is not abused and is not forced to work on things that are unsuited for their strength, under the forced economic necessity.
v) Article 42:-
Statement:- Provision for just and humane conditions at work and Maternity relief.
Article 39 and Article 42 are under Part IV of the Constitutions of India.
They are called the “Directive Principles of State Policy”
These are the directions to the States that must be followed while making laws.
These laws, unlike fundamental rights are not directly accessible to the common population of India. Hence, it is very important for lawmakers.
vi) Article 51A:-
Statement:- These are the “Fundamental Duties” that a citizen of India must follow.
Article 51A (e) talks about the duty of every citizen of India to renounce practices derogatory to the dignity of Women.
vii) Article 243D:-
Statement:- Reservation of Seats in Panchayat.
Article 243D (3) reserves one-third of the total seats of Panchayat for women to be filled by direct elections.
Article 243D (4) reserves one-third of the total number of offices of the Chairperson in Panchayat at each level for women.
viii) Article 243T:-
Statement:- Reservation of Seats in Municipality.
Article 243D (3) reserves one-third of the total seats of Municipality for women to be filled by direct elections.
Article 243D (4) reserves one-third of the total number of offices of the Chairperson in Municipality at each level for women.
2) Legal Rights.
i) Protection of Women from Domestic Violence Act 2005:- This act protects women from domestic violence and/or from abusers while in a marriage/relationship.
ii) Immoral Traffic (Prevention) Act 1956:- It is higher legislation that protects women from the web of trafficking for their sexual exploitation.
iii) Indecent Representation of Women (Prohibition) Act 1986:- It prohibits any indecent representation of women through painting, advertisement, writing, or any other means of publication.
iv)Dowry Prohibition Act 1961:- It prohibits giving or taking of the dowry at or before or any time after the marriage.
v) Maternity Benefit Act 1961:- This act by the parliament of India regulates the employment/guarantees the employment, before and after the child-birth, and provides proper and decent maternity benefits.
vi) Medical Termination of Pregnancy Act 1971:- It provides for the termination of pregnancies by registered medical facilities on a Humanitarian basis.
vii) Pre-conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act 1994:- This act prohibits the selection of sex before or after the conception and prevents sex determination, which often leads to female foeticide.
viii) Equal Remuneration Act 1976:- This act guarantees equal pay for both men and women for same work or for the similar nature of work. It prevents discrimination based on Sex.
ix) National Commission for Women Act 1990:- It was established to study and monitor all matters related to women based on Constitutional Rights as well as Legal Rights.
x) Sexual Harassment of Women at Workplace Act 2013:- It provides safety for women at the workplace from sexual harassment. It includes both private as well as public sector, whether organized or unorganized.
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There are several Marriage acts based on the religion of the person (Woman) that protects her rights on marriage, divorce, or other matters related to marriage.
This solely shows the Secular structure of India.
Indian Penal Code (IPC) 1860, Code of Criminal Procedure (1973), and Family Courts act (1984) further expands the wideness of the Rights of Women in India.