The Constitution of India not only allows equality to women but also empowers the State to use measures of positive discrimination in favour of women for neutralizing the cumulative socio-economic, education and political disadvantages faced by them. Fundamental Rights, among others, ensure equality before the law and equal protection of the law; prohibits discrimination against any resident on the grounds of religion, race, caste, sex or place of birth, and ensure equality of opportunity to all citizens in concerns relating to employment. Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c) and 42 of the Constitution are of special importance in this regard.
The women rights in India and safeguards well-preserved in the constitution are listed here:
- The state shall not discriminate against any native of India on the ground of sex [Article 15(1)].
- The state is authorized to make any special provision for women. In other words, this provision permits the state to make affirmative discrimination in favour of females [Article 15(3)].
- No citizen shall be segregated against or be unsuitable for any office or employment under the state on the base of sex [Article 16(2)].
- Traffic in human beings and enforced labour are banned [Article 23(1)].
- The state to secure for male and female equally the right to a sufficient means of livelihood [Article 39(a)].
- The state to ensure equal pay for equal work for both Indian male and female [Article 39(d)].
- The state is needed to ensure that the strength and health of women workers are not abused and that they are not obliged by economic necessity to enter avocations unsuited to their strength [Article 39(e)].
- The state shall make procurement for securing just and humane conditions of work and maternity welfare [Article 42].
- It shall be the duty of every native of India to renounce practices derogatory to the dignity of women [Article 51-A(e)].
- One-third of the entire number of seats to be filled by direct election in every Panchayat shall be reserved for females [Article 243-D(3)].
- One-third of the entire number of offices of Chairpersons in the Panchayats at each level shall be reserved for females [Article 243-D(4)].
- One-third of the whole number of seats to be filled by direct election in all Municipality shall be reserved for females [Article 243-T(3)].
- The offices of Chairpersons in the Municipalities shall be reserved for females in such manner as the State Legislature may provide [Article 243-T(4)].
Though the position of women has developed in the last four decades, however still they are struggling to maintain their freedom and dignity. Presently Indian women are suffering from the toughest time physically and mentally, mainly due to unawareness and lack of information on legal and constitutional woman rights in India. The Constitution provides many protection women rights such as Protective discrimination in favour of women, Right of women against exploitation, Rights of women under directives, Right to freedom of women and political representations of women.