The Indian Constitution has embodied within itself grounds for gender equality. Fundamental rights, fundamental duties and directive principles work towards shaping policies and putting safeguards not just for women empowerment in India but also for protection.
Women’s fundamental rights:
- Article 21 states that “no person except according to the procedure established by law shall be deprived of his life or personal liberty. Fundamental right under Article 21 of the object personal liberty except according to the procedure established by law is to prevent encroachment on and loss of life.” – Anyone, including women, can seek the same.
- Article 15(1) guarantees right to equality, stating that “the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.”
- Article 19 gives the citizens (which include both women, men and third gender) the right to freedom, which among other things guarantees freedom of speech and expression, freedom of movement, freedom of practising trade and profession etc.
- Article 32 gives the right to us to seek constitutional remedies through the Supreme Court of India for violation of Fundamental Rights.
- According to Article 15(3), the state can make any special provision for women and children without any hurdles or obligations.
- According to Article 16(2), no citizen on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for or discriminated in respect of employment or office under the State.
- Article 23(1) prohibits the practice of human trafficking in India.
- As per Article 39 (A), men and women have the right to an adequate means to livelihood.
- Constitutional laws for women related to panchayats and municipality:
- As per Article 243D(3), not less than one-third of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women.
- As per Article 243-D(4), one-third of the total number of offices of chairpersons in the panchayats at each level shall be reserved for women
- As per Article 243-T(3), one-third of the total number of seats to be filled by direct election in every municipality shall be reserved for women
- As per Article 243-T(4) offices of chairpersons in the municipalities shall be reserved for women in such manner as the state legislature may provide